5CASanctioned commercial activity—DPRK

#### 5CA Sanctioned commercial activity—DPRK (1) For the purposes of these Regulations, sanctioned commercial activity also means: (a) the acquisition or extension of an interest in a person or entity mentioned in an item of the following table; or (b) the establishment of, or participation in, a joint venture, partnership or other business relationship with a person or entity mentioned in an item of the following table; or (c) the granting of a financial loan or credit to a person or entity mentioned in an item of the following table. | Item | Person or entity | | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | A person or entity, wherever located, that is engaged in an extractive or related industry in the DPRK. | | 2 | A person or entity, wherever located, that is engaged in the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK. | | 3 | A person or entity acting on behalf of, or at the direction of, a person or entity mentioned in item 1 or 2. | | 4 | An entity owned or controlled by a person or entity mentioned in item 1 or 2. | | 5 | A person or entity, wherever located, that:(a) is engaged in an extractive or related industry outside the DPRK; and(b) is any of the following:(i) a DPRK person or entity;(ii) a person or entity acting on behalf of, or at the direction of, a DPRK person or entity;(iii) an entity owned or controlled by a DPRK person or entity. | (2) For the purposes of these Regulations, sanctioned commercial activity also means the sale of, or the making available of (otherwise than by sale), an interest in a commercial activity in an extractive or related industry in Australia to a person or entity mentioned in an item of the following table. | Item | Person or entity | | ---- | ---------------------------------------------------------------------------------------- | | 1 | A DPRK person or entity. | | 2 | A person or entity acting on behalf of, or at the direction of, a DPRK person or entity. | | 3 | An entity owned or controlled by a DPRK person or entity. | (3) For the purposes of these Regulations, sanctioned commercial activity also means: (a) the obtaining of any asset that is a tenement or permission (however described) in relation to an extractive or related industry in the DPRK; or (b) the obtaining of any asset that is a tenement or permission (however described) in relation to the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK; or (c) the use of, dealing with or making available of any asset for the purpose of obtaining any tenement or permission (however described) in relation to an extractive or related industry in the DPRK; or (d) the use of, dealing with or making available of any asset for the purpose of obtaining any tenement or permission (however described) in relation to the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK. (4) For the purposes of these Regulations, sanctioned commercial activity also means: (a) the obtaining, directly or indirectly, of any tenement or permission (however described) in relation to an extractive or related industry in the DPRK from a person or entity mentioned in an item of the table in subregulation (2); or (b) the obtaining, directly or indirectly, of any tenement or permission (however described) in relation to the creation, construction, installation, development, maintenance or decommissioning of infrastructure associated with an extractive or related industry in the DPRK from a person or entity mentioned in an item of the table in subregulation (2).