13COExportation of goods to Democratic People’s Republic of Korea

#### 13CO Exportation of goods to Democratic People’s Republic of Korea (1) In this regulation: > authorised person means an officer of the Foreign Department authorised in writing by the Foreign Minister to give permissions under this regulation. > luxury goods list means the luxury goods list (if any) determined by the Foreign Minister under subregulation 5(2) of the Charter of the United Nations (Sanctions—Democratic People’s Republic of Korea) Regulations 2008. (2) Subject to subregulation (2AA), the exportation of all goods, the immediate or final destination of which is, or is intended to be, the Democratic People’s Republic of Korea, is prohibited unless the written permission of the Foreign Minister or an authorised person is shown to a Collector at or before the time of exportation. (2AA) Subregulation (2) does not apply to the following: (a) food (except goods included on the luxury goods list); (b) medicine; (c) accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes to be for the personal use of that person. (2AB) For the purposes of paragraph (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation does not limit the matters a Collector may take into account. (2A) An application for the written permission of the Foreign Minister or an authorised person mentioned in subregulation (2) must: (a) be in the form approved under subregulation (2B); and (b) contain the information required by the form; and (c) be signed as indicated by the form. (2B) The Foreign Secretary may, in writing, approve a form for the purposes of subregulation (2A). (3) A permission granted under subregulation (2) may state, in relation to the exportation of the goods that it permits: (a) conditions or requirements, including times for compliance, to which the exportation is subject; and (b) the quantity of the goods that may be exported; and (c) the circumstances in which the goods may be exported. (4) The Foreign Minister or an authorised person may revoke or modify a permission granted under subregulation (2) if the Foreign Minister or authorised person is satisfied on reasonable grounds that: (a) a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or (b) permitting, or continuing to permit, the exportation of the goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations. (5) When deciding whether to give permission under subregulation (2), the Foreign Minister or an authorised person must take into account: (a) Australia’s relations with other countries; and (b) Australia’s obligations under international law.