459. What impact does the prohibition on the exportation or reexportation of goods, services, or technology under Executive Order (E.O.) 13722, as implemented in § 510.205 of the North Korea Sanctions Regulations, 31 CFR part 510 (NKSR), have on the regulations of the Department of Commerce’s Bureau of Industry and Security (BIS)?
None. E.O. 13722 prohibits the exportation or reexportation, from the United States, or by a United States person, of any goods, services, or technology to North Korea, unless authorized or exempt. BIS maintains authority to license exports and reexports of items (i.e., commodities, software, or technology) subject to the Export Administration Regulations (15 CFR parts 730 through 774) to North Korea. Section 510.520 provides that persons exporting or reexporting items to North Korea do not need to obtain a specific license from OFAC to engage in transactions ordinarily incident to such export or reexport or...
1) By implementing 510.520 into the NKSR, OFAC fully removed the dual OFAC/BIS licensing burden described in the original version of the FAQ, which applied to some (but not all) exports to North Korea of items subject to the EAR. For more on the pre-510.520 state of affairs, see General Comment on the Relationship Between the North Korea Sanctions Regulations and Export Controls Administered by the Dep’t of Commerce.