§ 510.521 Exportation or reexportation to North Korea of certain agricultural commodities, medicine, medical devices, and replacement parts and components.
(a) All transactions prohibited by § 510.206 that are related to the exportation or reexportation to North Korea of agricultural commodities, medicine, medical devices, or replacement parts or components for medical devices, in each case that are not subject to the Export Administration Regulations (15 CFR parts 730 through 774) (EAR), are authorized, provided that the agricultural commodities, medicine, medical devices, or replacement parts or components:
(1) Would be designated as EAR99 if they were located in the United States;
(2) Are not luxury goods as set forth in 15 CFR 746.4(b)(1), including identified as examples of luxury goods in 17 CFR part 746, supplement no. 1;
(3) Are approved for exportation or reexportation to North Korea by the Security Council Committee established pursuant to United Nations...
1) BACKGROUND
This GL, implemented on 2-15-24, is a highly modified version of OFAC’s standard ag/med GL, as applied in the context of a broad territory-based embargo program. Compare Ukraine General License Number 18. Certain aspects of this GL, when compared to others, are as follows:
(i) The GL only applies to items not subject to the EAR (510.520 is designed to broadly address items subject to the EAR; compare 542.525 of the SySR);
(ii) There is an exclusion for “luxury goods” (which, as highlighted in FAQ # 1163, includes tobacco);
(iii) Items must be “designated as EAR99 if they were located in the United States” (compare section 542.525 of the SySR, operating in a similar manner);...