Security Council Resolution 2397 (2017) [on Strengthening Sanctions Against the Democratic People's Republic of Korea and Condemning the Nuclear Test of 28 Nov. 2017]

S/RES/2397 (2017)View PDF

Who adopted this document and its mandates?

A Resolution of the Security Council, under agenda item 23 Non-proliferation/Democratic People's Republic of Korea, published in 2017.

What subjects does this mandate have?

11 subjects

Ballistic Missiles Democratic People's Republic of Korea Exports Frozen Assets Imports Nuclear Weapon Tests Petroleum Exports Sanctions Sanctions Compliance Ship Inspection Travel Restrictions

What’s in this document?

29 operative paragraphs

Condemns in the strongest terms the ballistic missile launch conducted by the DPRK on 28 November 2017 in violation and flagrant disregard of the Security Council’s resolutions;

Reaffirms its decisions that the DPRK shall not conduct any further launches that use ballistic missile technology, nuclear tests, or any other provocation; shall immediately suspend all activities related to its ballistic missile program and in this context re-establish its pre-existing commitments to a moratorium on all missile launches; shall immediately abandon all nuclear weapons and existing nuclear programs in a complete, verifiable and irreversible manner, and immediately cease all related activities; and shall abandon any other existing weapons of mass destruction and ballistic missile programs in a complete, verifiable and irreversible manner;

Designations

Decides that the measures specified in paragraph 8(d) of resolution 1718 (2006) shall apply also to the individuals and entities listed in Annex I and II of this resolution and to any individuals or entities acting on their behalf or at their direction, and to entities owned or controlled by them, including through illicit means, and decides further that the measures specified in paragraph 8(e) of resolution 1718 (2006) shall also apply to the individuals listed in Annex I of this resolution and to individuals acting on their behalf or at their direction;

Sectoral

Decides that all Member States shall prohibit the direct or indirect supply, sale or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels, aircraft, pipelines, rail lines, or vehicles, and whether or not originating in their territories, of all refined petroleum products, decides that the DPRK shall not procure such products, further decides that this provision shall not apply with respect to procurement by the DPRK or the direct or indirect supply, sale, or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels, aircraft, pipelines, rail lines, or vehicles, and whether or not originating in their territories, of refined petroleum products, including diesel and kerosene, in the aggregate amount of up to 500,000 barrels during a period of twelve months beginning on January 1, 2018, and for twelve month periods thereafter, provided that (a) the Member State notifies the Committee every thirty days of the amount of such supply, sale, or transfer to the DPRK of refined petroleum products along with information about all the parties to the transaction, (b) the supply, sale, or transfer of refined petroleum products involve no individuals or entities that are associated with the DPRK’s nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), or this resolution, including designated individuals or entities, or individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, directly or indirectly, or individuals or entities assisting in the evasion of sanctions, and (c) the supply, sale, or transfer of refined petroleum products are exclusively for livelihood purposes of DPRK nationals and unrelated to generating revenue for the DPRK’s nuclear or ballistic missile programmes or other activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or this resolution, directs the Committee Secretary beginning on 1 January 2018 to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 75 per cent of the aggregate yearly amounts have been reached, also directs the Committee Secretary beginning on 1 January 2018 to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 90 per cent of the aggregate yearly amounts have been reached, and further directs the Committee Secretary beginning on 1 January 2018 to notify all Member States when an aggregate amount of refined petroleum products sold, supplied, or transferred to the DPRK of 95 per cent of the aggregate yearly amounts have been reached and to inform them that they must immediately cease selling, supplying, or transferring refined petroleum products to the DPRK for the remainder of the year, directs the Committee to make publicly available on its website the total amount of refined petroleum products sold, supplied, or transferred to the DPRK by month and by source country, directs the Committee to update this information on a real-time basis as it receives notifications from Member States, calls upon all Member States to regularly review this website to comply with the annual limits for refined petroleum products established by this provision beginning on 1 January 2018, directs the Panel of Experts to closely monitor the implementation efforts of all Member States to provide assistance and ensure full and global compliance, and requests the Secretary-General to make the necessary arrangements to this effect and provide additional resources in this regard;

Decides that the DPRK shall not supply, sell or transfer, directly or indirectly, from its territory or by its nationals or using its flag vessels or aircraft, food and agricultural products (HS codes 12, 08, 07), machinery (HS code 84), electrical equipment (HS code 85), earth and stone including magnesite and magnesia (HS code 25), wood (HS code 44), and vessels (HS code 89), and that all States shall prohibit the procurement of the above-mentioned commodities and products from the DPRK by their nationals, or using their flag vessels or aircraft, whether or not originating in the territory of the DPRK, clarifies that the full sectoral ban on seafood in paragraph 9 of resolution 2371 (2017) prohibits the DPRK from selling or transferring, directly or indirectly, fishing rights, and further decides that for sales of and transactions involving all commodities and products from the DPRK whose transfer, supply, or sale by the DPRK are prohibited by this paragraph and for which written contracts have been finalized prior to the adoption of this resolution, all States may only allow those shipments to be imported into their territories up to 30 days from the date of adoption of this resolution with notification provided to the Committee containing details on those imports by no later than 45 days after the date of adoption of this resolution;

Expresses concern that DPRK nationals continue to work in other States for the purpose of generating foreign export earnings that the DPRK uses to support its prohibited nuclear and ballistic missile programs despite the adoption of paragraph 17 of resolution 2375 (2017), decides that Member States shall repatriate to the DPRK all DPRK nationals earning income in that Member State’s jurisdiction and all DPRK government safety oversight attachés monitoring DPRK workers abroad immediately but no later than 24 months from the date of adoption of this resolution unless the Member State determines that a DPRK national is a national of that Member State or a DPRK national whose repatriation is prohibited, subject to applicable national and international law, including international refugee law and international human rights law, and the United Nations Headquarters Agreement and the Convention on the Privileges and Immunities of the United Nations, and further decides that all Member States shall provide a midterm report by 15 months from the date of adoption of this resolution of all DPRK nationals earning income in that Member State’s jurisdiction that were repatriated over the 12 month period starting from the date of adoption of this resolution, including an explanation of why less than half of such DPRK nationals were repatriated by the end of that 12 month period if applicable, and all Member States shall provide final reports by 27 months from the date of adoption of this resolution;

Maritime Interdiction of Cargo Vessels

Notes with great concern that the DPRK is illicitly exporting coal and other prohibited items through deceptive maritime practices and obtaining petroleum illegally through ship-to-ship transfers and decides that Member States shall seize, inspect, and freeze (impound) any vessel in their ports, and may seize, inspect, and freeze (impound) any vessel subject to its jurisdiction in its territorial waters, if the Member State has reasonable grounds to believe that the vessel was involved in activities, or the transport of items, prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), or this resolution, encourages Member States to consult with the flag States of relevant vessels once they are seized, inspected, and frozen (impounded), and further decides that, after six months from the date such vessels were frozen (impounded), this provision shall not apply if the Committee decides, on a case-by-case basis and upon request of a flag State, that adequate arrangements have been made to prevent the vessel from contributing to future violations of these resolutions;

Decides that when a Member State has information to suspect that the DPRK is attempting to supply, sell, transfer or procure, directly or indirectly, illicit cargo, that Member State may request additional maritime and shipping information from other relevant Member States, including to determine whether the item, commodity, or product in question originated from the DPRK, further decides that all Member States receiving such inquiries shall respond as promptly as possible to such requests in an appropriate manner, decides that the Committee, with the support of its Panel of Experts, shall facilitate timely coordination of such information requests through an expedited process, and requests the Secretary-General to make the necessary arrangements to this effect and provide additional resources to the Committee and the Panel of Experts in this regard;

Reaffirms paragraph 22 of resolution 2321 (2016) and decides that each Member State shall prohibit its nationals, persons subject to its jurisdiction and entities incorporated in its territory or subject to its jurisdiction from providing insurance or re-insurance services to vessels it has reasonable grounds to believe were involved in activities, or the transport of items, prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), or this resolution, unless the Committee determines on a case-by-case basis that the vessel is engaged in activities exclusively for livelihood purposes which will not be used by DPRK individuals or entities to generate revenue or exclusively for humanitarian purposes;

Reaffirms paragraph 24 of resolution 2321 (2016) and decides that each Member State shall de-register any vessel it has reasonable grounds to believe was involved in activities, or the transport of items, prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), or this resolution and prohibit its nationals, persons subject to its jurisdiction and entities incorporated in its territory or subject to its jurisdiction from thereafter providing classification services to such a vessel except as approved in advance by the Committee on a case-by-case basis, and further decides that Member States shall not register any such vessel that has been de-registered by another Member State pursuant to this paragraph except as approved in advance by the Committee on a case-by-case basis;

Expresses concern that DPRK-flagged, controlled, chartered, or operated vessels intentionally disregard requirements to operate their automatic identification systems (AIS) to evade UNSCR sanctions monitoring by turning off such systems to mask their full movement history and calls upon Member States to exercise enhanced vigilance with regards to such vessels conducting activities prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), or this resolution;

Recalls paragraph 30 of resolution 2321 (2016) and decides that all Member States shall prevent the direct or indirect supply, sale or transfer to the DPRK, through their territories or by their nationals, or using their flag vessels or aircraft, and whether or not originating in their territories, of any new or used vessels, except as approved in advance by the Committee on a case-by-case basis;

Decides that, if a Member State has information regarding the number, name, and registry of vessels encountered in its territory or on the high seas that are designated by the Security Council or by the Committee as subject to the asset freeze imposed by paragraph 8 (d) of resolution 1718 (2006), the various measures imposed by paragraph 12 of resolution 2321 (2016), the port entry ban imposed by paragraph 6 of resolution 2371 (2017), or relevant measures in this resolution, then the Member State shall notify the Committee of this information and what measures were taken to carry out an inspection, an asset freeze and impoundment or other appropriate action as authorized by the relevant provisions of resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017), or this resolution;

Decides that the provisions of this resolution shall not apply with respect solely to the trans-shipment of Russia-origin coal to other countries through the Russia-DPRK Rajin-Khasan port and rail project, as permitted by paragraph 8 of resolution 2371 (2017) and paragraph 18 of resolution 2375 (2017);

Sanctions Implementation

Decides that Member States shall report to the Security Council within ninety days of the adoption of this resolution, and thereafter upon request by the Committee, on concrete measures they have taken in order to implement effectively the provisions of this resolution, requests the Panel of Experts, in cooperation with other UN sanctions monitoring groups, to continue its efforts to assist Member States in preparing and submitting such reports in a timely manner;

Calls upon all Member States to redouble efforts to implement in full the measures in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013) 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and this resolution and to cooperate with each other in doing so, particularly with respect to inspecting, detecting and seizing items the transfer of which is prohibited by these resolutions;

Decides that the mandate of the Committee, as set out in paragraph 12 of resolution 1718 (2006), shall apply with respect to the measures imposed in this resolution and further decides that the mandate of the Panel of Experts, as specified in paragraph 26 of resolution 1874 (2009) and modified in paragraph 1 of resolution 2345 (2017), shall also apply with respect to the measures imposed in this resolution;

Decides to authorize all Member States to, and that all Member States shall, seize and dispose (such as through destruction, rendering inoperable or unusable, storage, or transferring to a State other than the originating or destination States for disposal) of items the supply, sale, transfer, or export of which is prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or this resolution that are identified in inspections, in a manner that is not inconsistent with their obligations under applicable Security Council resolutions, including resolution 1540 (2004), as well as any obligations of parties to the NPT, the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Development of 29 April 1997, and the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction of 10 April 1972;

Emphasizes the importance of all States, including the DPRK, taking the necessary measures to ensure that no claim shall lie at the instance of the DPRK, or of any person or entity in the DPRK, or of persons or entities designated for measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) or this resolution, or any person claiming through or for the benefit of any such person or entity, in connection with any contract or other transaction where its performance was prevented by reason of the measures imposed by this resolution or previous resolutions;

Emphasizes that the measures set forth in resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and this resolution shall in no way impede the activities of diplomatic or consular missions in the DPRK pursuant to the Vienna Conventions on Diplomatic and Consular Relations;

Political

Reiterates its deep concern at the grave hardship that the people in the DPRK are subjected to, condemns the DPRK for pursuing nuclear weapons and ballistic missiles instead of the welfare of its people while people in the DPRK have great unmet needs, emphasizes the necessity of the DPRK respecting and ensuring the welfare and inherent dignity of people in the DPRK, and demands that the DPRK stop diverting its scarce resources toward its development of nuclear weapons and ballistic missiles at the cost of the people in the DPRK;

Regrets the DPRK’s massive diversion of its scarce resources toward its development of nuclear weapons and a number of expensive ballistic missile programs, notes the findings of the United Nations Office for the Coordination of Humanitarian Assistance that well over half of the people in the DPRK suffer from major insecurities in food and medical care, including a very large number of pregnant and lactating women and under-five children who are at risk of malnutrition and 41% of its total population who are undernourished, and, in this context, expresses deep concern at the grave hardship to which the people in the DPRK are subjected;

Reaffirms that the measures imposed by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and this resolution are not intended to have adverse humanitarian consequences for the civilian population of the DPRK or to affect negatively or restrict those activities, including economic activities and cooperation, food aid and humanitarian assistance, that are not prohibited by resolutions 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2270 (2016), 2321 (2016), 2356 (2017), 2371 (2017), 2375 (2017) and this resolution, and the work of international and non-governmental organizations carrying out assistance and relief activities in the DPRK for the benefit of the civilian population of the DPRK, stresses the DPRK’s primary responsibility and need to fully provide for the livelihood needs of people in the DPRK, and decides that the Committee may, on a case-by-case basis, exempt any activity from the measures imposed by these resolutions if the committee determines that such an exemption is necessary to facilitate the work of such organizations in the DPRK or for any other purpose consistent with the objectives of these resolutions;

Reaffirms its support for the Six Party Talks, calls for their resumption, and reiterates its support for the commitments set forth in the Joint Statement of 19 September 2005 issued by China, the DPRK, Japan, the Republic of Korea, the Russian Federation, and the United States, including that the goal of the Six-Party Talks is the verifiable denuclearization of the Korean Peninsula in a peaceful manner and the return of the DPRK to the Non-proliferation Treaty (NPT) and International Atomic Energy Agency safeguards at an early date, bearing in mind the rights and obligations of States parties to the NPT and underlining the need for all States parties to the NPT to continue to comply with their Treaty obligations, that the United States and the DPRK undertook to respect each other’s sovereignty and exist peacefully together, that the Six Parties undertook to promote economic cooperation, and all other relevant commitments;

Reiterates the importance of maintaining peace and stability on the Korean Peninsula and in north-east Asia at large, and expresses its commitment to a peaceful, diplomatic, and political solution to the situation and welcomes efforts by the Council members as well as other States to facilitate a peaceful and comprehensive solution through dialogue and stresses the importance of working to reduce tensions in the Korean Peninsula and beyond;

Affirms that it shall keep the DPRK’s actions under continuous review and is prepared to strengthen, modify, suspend or lift the measures as may be needed in light of the DPRK’s compliance, and, in this regard, expresses its determination to take further significant measures in the event of a further DPRK nuclear test or launch, and decides that, if the DPRK conducts a further nuclear test or a launch of a ballistic missile system capable of reaching intercontinental ranges or contributing to the development of a ballistic missile system capable of such ranges, then the Security Council will take action to restrict further the export to the DPRK of petroleum;

Decides to remain seized of the matter.

Travel Ban/Asset Freeze (Individuals)

CH’OE SO’K MIN

a. Description: Ch’oe So’k-min is an overseas Foreign Trade Bank representative. In 2016, Ch’oe So’k-min was the deputy representative at the Foreign Trade Bank branch office in that overseas location. He has been associated with cash transfers from that overseas Foreign Trade Bank office to banks affiliated with North Korean special organizations and Reconnaissance General Bureau operatives located overseas in an effort to evade sanctions.

b. AKA: n/a

c. Identifiers: DOB: 25 July 1978; Nationality: DPRK; Gender: male

CHU HYO’K

a. Description: Chu Hyo’k is a North Korean national who is an overseas Foreign Trade Bank representative.

b. AKA: Ju Hyok

c. Identifiers: DOB: 23 November 1986; Passport No. 836420186 issued 28 October 2016 expires 28 October 2021; Nationality: DPRK; Gender: male

KIM JONG SIK

a. Description: A leading official guiding the DPRK’s WMD development efforts. Serving as Deputy Director of the Workers’ Party of Korea Munitions Industry Department.

b. A.K.A.: Kim Cho’ng-sik

c. Identifiers: YOB: between 1967 and 1969; Nationality: DPRK; Gender: male; Address: DPRK

KIM KYONG IL

a. Description: Kim Kyong Il is a Foreign Trade Bank deputy chief representative in Libya.

b. AKA: Kim Kyo’ng-il

c. Identifiers: Location Libya; DOB: 01 August 1979; Passport No. 836210029; Nationality: DPRK; Gender: male

KIM TONG CHOL

a. Description: Kim Tong Chol is an overseas Foreign Trade Bank representative.

b. AKA: Kim Tong-ch’o’l

c. Identifiers: DOB: 28 January 1966; Nationality: DPRK; Gender: male

KO CHOL MAN

a. Description: Ko Chol Man is an overseas Foreign Trade Bank representative.

b. AKA: Ko Ch’o’l-man

c. Identifiers: DOB: 30 September 1967; Passport No. 472420180; Nationality: DPRK; Gender: male

KU JA HYONG

a. Description: Ku Ja Hyong is a Foreign Trade Bank chief representative in Libya.

b. AKA: Ku Cha-hyo’ng

c. Identifiers: Location Libya; DOB: 08 September 1957; Nationality: DPRK; Gender: male

MUN KYONG HWAN

a. Description: Mun Kyong Hwan is an overseas Bank of East Land representative.

b. AKA: Mun Kyo’ng-hwan

c. Identifiers: DOB: 22 August 1967; Passport No. 381120660 expires 25 March 2016; Nationality: DPRK; Gender: male

PAE WON UK

a. Description: Pae Won Uk is an overseas Daesong Bank representative.

b. AKA: Pae Wo’n-uk

c. Identifiers: DOB: 22 August 1969; Nationality: DPRK; Gender: male; Passport No. 472120208 expires 22 Feb 2017

PAK BONG NAM

a. Description: Pak Bong Nam is an overseas Ilsim International Bank representative.

b. AKA: Lui Wai Ming; Pak Pong Nam; Pak Pong-nam

c. Identifiers: DOB: 06 May 1969; Nationality: DPRK; Gender: male

d. Nationality: DPRK; Gender: male

PAK MUN IL

a. Description: Pak Mun Il is an overseas official of Korea Daesong Bank.

b. AKA: Pak Mun-il

c. Identifiers: DOB 01 January 1965; Passport No. 563335509 expires 27 August 2018; Nationality: DPRK; Gender: male

RI CHUN HWAN

a. Description: Ri Chun Hwan is an overseas Foreign Trade Bank representative.

b. AKA: Ri Ch’un-hwan

c. Identifiers: DOB 21 August 1957; Passport No. 563233049 expires 09 May 2018; Nationality: DPRK; Gender: male

RI CHUN SONG

a. Description: Ri Chun Song is an overseas Foreign Trade Bank representative.

b. AKA: Ri Ch’un-so’ng

c. Identifiers: DOB: 30 October 1965; Passport No. 654133553 expires 11 March 2019; Nationality: DPRK; Gender: male

RI PYONG CHUL

a. Description: Alternate Member of the Political Bureau of the Workers’ Party of Korea and First Vice Director of the Munitions Industry Department.

b. A.K.A.: Ri Pyo’ng-ch’o’l

c. Identifiers: YOB: 1948; Nationality: DPRK; Gender: male; Address: DPRK

RI SONG HYOK

a. Description: Ri Song Hyok is an overseas representative for Koryo Bank and Koryo Credit Development Bank and has reportedly established front companies to procure items and conduct financial transactions on behalf of North Korea.

b. AKA: Li Cheng He

c. Identifiers: DOB: 19 March 1965; Nationality: DPRK; Gender: male

RI U’N SO’NG

a. Description: Ri U’n-so’ng is an overseas Korea Unification Development Bank representative.

b. AKA: Ri Eun Song; Ri Un Song

c. Identifiers: DOB: 23 July 1969; Nationality: DPRK; Gender: male

Asset Freeze (Entities)

MINISTRY OF THE PEOPLE’S ARMED FORCES (MPAF)

a. Description: The Ministry of the People’s Armed Forces manages the general administrative and logistical needs of the Korean People’s Army.

b. Location: Pyongyang, DPRK