§510.206 Prohibited exportation or reexportation of goods, services, or technology to North Korea.
(a) The exportation or reexportation, directly or indirectly, from the United States, or by a U.S. person, wherever located, of any goods, services, or technology to North Korea is prohibited.
(b) The prohibitions in this section apply except to the extent provided in regulations, orders, directives, or licenses that may be issued pursuant to this part or pursuant to the export control authorities implemented by the U.S. Department of Commerce, and notwithstanding any contract entered into or any license or permit granted prior to the effective date.
1) With the exception of 510.206(b), which is unique to the NKSR, this IEEPA-based export ban is, for practical purposes and as a general matter, extremely similar to the analogous provision of the ITSR (560.204). Given that 560.204 is arguably the single most frequently interpreted and enforced provision in the entirety of OFAC's sanctions regulations, one should look to the interpretations of that provision for guidance on the manner in which OFAC is likely to interpret this provision. Note that 510.405, interpreting the export ban, is substantively identical with the ITSR analogue, 560.410. Refer to Notes Common to “Provision of services” Interpretive Provisions (System Ed. Note).
With respect to the significance of 510.206(b),...