6Sanctioned supply

6 Sanctioned supply

(1) A person makes a sanctioned supply if: (a) the person supplies, sells or transfers goods to another person; and (b) the goods are export sanctioned goods; and (c) as a direct or indirect result of the supply, sale or transfer the goods are transferred to the Democratic People’s Republic of Korea, or are incorporated into goods that are transferred to the Democratic People’s Republic of Korea. (2) A person also makes a sanctioned supply if: (a) the person transfers to another person: (i) any financial or other assets or resources, including bulk cash; or (ii) gold, including through gold couriers; and (b) that transfer could contribute to: (i) the nuclear or ballistic missile programs, or other weapons of mass destruction programs, of the Democratic People’s Republic of Korea; or (ii) activities prohibited, or the evasion of measures imposed, by Resolution 1718, Resolution 1874, Resolution 2087, Resolution 2094 or Resolution 2270, or any other relevant Resolution of the Security Council. (3) Despite subregulations (1) and (2), a person does not make a sanctioned supply merely because the person supplies, sells or transfers an amount of aviation fuel for: (a) a flight of a civil passenger aircraft flagged or registered in the Democratic People’s Republic of Korea, so long as the amount does not exceed the amount necessary for that flight (including a standard margin for safety); or (b) a flight to the Democratic People’s Republic of Korea of a civil passenger aircraft not flagged or registered in the Democratic People’s Republic of Korea, so long as the amount does not exceed the amount necessary for that flight and the subsequent flight out of the Democratic People’s Republic of Korea (including a standard margin for safety).