Dictator deal costs city firm
Hamilton-based Pacific Aerospace has been fined $74,000 for breaking United Nations sanctions by exporting aircraft parts to North Korea.
The aircraft manufacturer sent $6700 worth of warranty parts to the hermit state in 2016.
The judgment comes after the Waikato
Times revealed in August 2017 that Pacific Aerospace was under investigation for the export. The sentencing comes a week before US President Donald Trump is due to meet North Korean Leader Kim Jong Un in an effort to deescalate tensions between the nucleararmed rivals.
Judge John Bergseng declined to issue the maximum penalty, describing the breach of sanctions as ‘‘reckless’’.
Pacific Aerospace is thought to be the first company in the world to be prosecuted for such actions, with the Crown citing only one largely incomparable example from abroad.
In a reserved judgment dated May 29, Bergseng fined Pacific Aerospace $74,805 for three charges of indirectly exporting a specified good to the Democratic People’s Republic of Korea, and one charge of making an erroneous export entry.
‘‘[Pacific Aerospace’s] breach of the Sanctions Regulations was best described as reckless. [Pacific Aerospace] was aware of the Sanctions Regulations but had chosen not to fully inform itself of its detail.’’
Customs laid the charges after a Pacific Aerospace P-750 XSTOL plane was spotted at the Wonsan Air Festival in North Korea in September 2016.
The direct or indirect supply of luxury goods to North Korea, including aircraft and related parts, is a violation of UN Security Council Resolution 1718.
Under New Zealand law, a company can be fined up to $100,000 for breaching a UNmandated ban, and fined up to $5000 for making an erroneous declaration under the Customs and Excise Act.
Pacific Aerospace provided aircraft parts – a banned luxury good under UN sanctions – to repair the aircraft in North Korea in three instances. The parts were a flap actuator used in take-off and landing, two cockpit indicators that display propeller speed and a fuel ejector. The UN investigation into Pacific Aerospace’s sanction breach led some countries to question New Zealand’s implementation of UN sanctions, Bergseng said.
A victim impact statement from the Ministry of Foreign Affairs and Trade (MFAT) said there were significant resources required to manage criticisms received through diplomatic missions.
‘‘Offending which impacts on New Zealand’s international reputation will almost invariably be serious ... in this case, given the contents of the victim impact statement, catastrophic consequence appear to have been avoided,’’ Bergseng said.
Pacific Aerospace now advises MFAT of all foreign aircraft sales, regardless of the country being exported to, and has appointed a sanctions officer tasked with preventing future breaches. Bergseng said the company had some customer payments ‘‘disrupted’’ because of publicity around the case. Customers in the United States were particularly concerned, and it was unknown whether US authorities would take any direct action.
Pacific Aerospace chief executive Damian Camp, who expressed surprise when the plane’s whereabouts became public in October 2016, declined an interview request.
The company instead provided a statement detailing its version of events, noting it did not believe the plane’s temporary presence in DPRK would breach UN sanctions and the charges related specifically to parts.
‘‘Unfortunately, in this circumstance fulfilling our safety obligations was in conflict with UN sanctions. We received no financial benefit in supplying the warranty parts.
‘‘We accept the sentence handed down by the court and we have put in place a number of policy and procedural checks to mitigate the risk of this happening again.’’ In a March sentencing hearing, Customs lawyer Jasper Rhodes said evidence showed Pacific Aerospace was aware of the plane’s presence in North Korea and knowingly breached the sanctions regime to meet their warranty obligations for the plane.
In the same hearing, defence lawyer Emmeline Rushbrook stressed the exports were ‘‘indirect’’, which sat at the lowest level of sanction breaches. The parts were provided to a Chinese counterpart and the plane remained registered in China, although it was known to be in North Korea. This did not break Chinese law.