14BPermit to make a sanctioned supply

14B Permit to make a sanctioned supply

(1) The Minister may grant a person a permit authorising the making of a sanctioned supply.

Note: Section 13A of the Act applies to a permit granted by the Minister under this regulation.

Sanctioned supplies requiring approval by the Committee in advance (2) The Minister may grant a permit if: (a) the sanctioned supply is a supply, sale or transfer of: (i) aviation fuel; or (ii) a new helicopter that is not arms or related matériel; or (iii) a vessel that is not arms or related matériel; and (b) the Committee has approved the sanctioned supply in advance. Spare parts for DPRK commercial civilian passenger aircraft (2A) The Minister may grant a permit if the sanctioned supply is a supply, sale or transfer of goods: (a) that are covered by any of HS chapters 72 to 89; and (b) that are spare parts needed to maintain the safe operation of a DPRK commercial civilian passenger aircraft. Refined petroleum products (3) The Minister may, subject to subregulation (4), grant a permit if: (a) the sanctioned supply is a supply, sale or transfer of a refined petroleum product; and (b) the product is being supplied, sold, or transferred exclusively for the livelihood purposes of nationals of the DPRK; and (c) the supply, sale or transfer does not involve any individual or entity associated with, and is unrelated to generating revenue for, the nuclear or ballistic missile programs of the DPRK or other activities prohibited by Resolution 1718, Resolution 1874, Resolution 2087, Resolution 2094, Resolution 2270, Resolution 2321, Resolution 2356, Resolution 2371, Resolution 2375 or Resolution 2397; and (d) the supply, sale or transfer does not involve any person or entity assisting in activities prohibited, or the evasion of the measures imposed, by: (i) Resolution 1718, Resolution 1874, Resolution 2087, Resolution 2094, Resolution 2270, Resolution 2321, Resolution 2356, Resolution 2371, Resolution 2375 or Resolution 2397; or (ii) a subsequent resolution of the Security Council relating to the DPRK. (4) However, the Minister must not grant a permit in a calendar year if Australia has been notified under paragraph 5 of Resolution 2397 that supply, sale and transfer of refined petroleum products must cease for the remainder of the year. Crude oil (5) The Minister may grant a permit if: (a) the sanctioned supply is a supply, sale or transfer of crude oil; and (b) either: (i) since the most recent 23 December, the total amount of crude oil supplied, sold or transferred from all countries to the DPRK is not more than the amount mentioned in paragraph 4 of Resolution 2397; or (ii) the Committee has approved the sanctioned supply in advance. Export sanctioned goods that are not specified export sanctioned goods (6) The Minister may grant a permit if: (a) the sanctioned supply is a supply, sale or transfer of export sanctioned goods that are not specified export sanctioned goods; and (b) subregulation (7), (8) or (9) applies. (7) For the purposes of paragraph (6)(b), this subregulation applies if the Minister is reasonably satisfied that the goods are not goods that could directly contribute to the development of the operational capabilities of: (a) the armed forces of the DPRK; or (b) the armed forces of a Member State outside the DPRK. (8) For the purposes of paragraph (6)(b), this subregulation applies if: (a) the Minister is reasonably satisfied that: (i) the goods are being supplied, sold, or transferred for humanitarian purposes or exclusively for the livelihood of the DPRK; and (ii) the goods will not be used by a person or entity in the DPRK to generate revenue; and (iii) the goods do not relate to any activity prohibited by Resolution 1718, Resolution 1874, Resolution 2087, Resolution 2094, Resolution 2270 or any other resolution of the Security Council relating to the DPRK (a prohibited activity); and (b) the Committee has been notified of the sanctioned supply in advance; and (c) the Committee has been informed of measures taken to prevent the following: (i) the diversion of the goods for purposes other than the purposes mentioned in subparagraph (a)(i); (ii) the use of the goods by a person or entity in the DPRK to generate revenue; (iii) the use of the goods in relation to a prohibited activity. (9) For the purposes of paragraph (6)(b), this subregulation applies if: (a) the Committee has been notified of the sanctioned supply; and (b) the Committee has determined that the sanctioned supply would not be contrary to the objectives of Resolution 1718, Resolution 1874, Resolution 2087, Resolution 2094, Resolution 2270 or any other resolution of the Security Council relating to the DPRK.