(c) certain other items, materials, equipment, goods and technology which could contribute to the DPRK's nuclear-
related, ballistic-missile-related or other weapons of mass destruction-related programmes or which could contribute
to its military activities, including all dual-use goods and technology listed in Annex I to Council Regulation (EC)
No 428/2009 (
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);
(d) any further items, materials and equipment relating to dual-use goods and technology; the Union shall take the
necessary measures in order to determine the relevant items to be covered by this point;
(e) certain key components for the ballistic-missile sector, such as certain types of aluminium used in ballistic-missile-
related systems; the Union shall take the necessary measures in order to determine the relevant items to be covered
by this point;
(f) any other item that could contribute to the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass
destruction-related programmes, to activities prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094
(2013) or 2270 (2016) or by this Decision, or to the evasion of measures imposed by those UNSCRs or by this
Decision; the Union shall take the necessary measures in order to determine the relevant items to be covered by this
point.
(g) any other item, except food or medicine, if a Member State determines that it could contribute directly to the
development of the operational capabilities of the DPRK's armed forces or to exports that support or enhance the
operational capabilities of armed forces of another State outside the DPRK.
2. It shall also be prohibited to:
(a) provide technical training, advice, services, assistance or brokering services, or other intermediary services, related to
items or technology referred to in paragraph 1 or to the provision, manufacture, maintenance or use of those items,
directly or indirectly, to any person, entity or body in, or for use in, the DPRK;
(b) provide financing or financial assistance related to items or technology referred to in paragraph 1, including, in
particular, grants, loans and export credit insurance, as well as insurance and reinsurance, for any sale, supply,
transfer or export of those items or that technology, or for the provision of related technical training, advice,
services, assistance or brokering services, directly or indirectly, to any person, entity or body in, or for use in, the
DPRK;
(c) participate, knowingly or intentionally, in activities the object or effect of which is to circumvent the prohibitions
referred to in points (a) and (b).
3. The procurement from the DPRK by nationals of Member States, or using the flag vessels or aircraft of Member
States, of items or technology referred to in paragraph 1, as well as the provision to nationals of Member States by the
DPRK of technical training, advice, services, assistance, financing and financial assistance referred to in paragraph 2, shall
also be prohibited, whether or not originating in the territory of the DPRK.
Article 2
The measures imposed by Article 1(1)(g) shall not apply to the supply, sale or transfer of an item, or its procurement,
where:
(a) the Member State determines that such activity is exclusively for humanitarian purposes or exclusively for livelihood
purposes which will not be used by DPRK persons or entities to generate revenue, and is not related to any activity
prohibited by UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016) or by this Decision,
provided that the Member State notifies the Sanctions Committee in advance of such determination and informs the
Sanctions Committee of measures taken to prevent the diversion of the item for such other purposes; or
(b) the Sanctions Committee has determined on a case-by-case basis that a particular supply, sale or transfer would not
be contrary to the objectives of UNSCR 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) or 2270 (2016).
28.5.2016 L 141/82 Official Journal of the European Union
EN
1
) Council Regulation (EC) No 428/2009 of 5 May 2009 setting up a Community regime for the control of exports, transfer, brokering and
transit of dual-use items (OJ L 134, 29.5.2009, p. 1).