Government, UN exchange over alleged N Korea sanctions breach involving Australians to remain secret

Updated November 22, 2016 06:17:49

The Department of Foreign Affairs (DFAT) has refused to release correspondence from the United Nations about alleged breaches of North Korea sanctions by two Australian companies, saying to do so could damage Australia's international relations.

Key points:

  • The ABC sought correspondence about suspected North Korean sanctions breaches involving Australians
  • DFAT denied the Freedom of Information application
  • It said releasing it would call "into question [the Commonwealth's] ability to protect information"

Earlier this year, a 7.30 investigation revealed two Australian businessmen had struck mining agreements with a North Korean entity that was under sanctions.

The deals led back to Pyongyang's National Resources Development and Investment Corporation (NRDIC).

The UN said the firm's real name is Green Pine Corporation, which is the primary arms dealer and main exporter of equipment related to ballistic missiles for Kim Jong-un's regime.

NRDIC/Green Pine has been under international sanctions since mid-2012.

After 7.30's investigation, the Australian Federal Police confirmed it was investigating two Australian mining companies and whether they had breached sanctions involving North Korea.

One of the companies being investigated is AAT Corporation which struck a deal to mine inside the rogue state in December 2012.

At the time, AAT told the stock exchange that it had secured the exclusive sub-licence to mine and sell all minerals in the Sinhung region, north-east of the capital Pyongyang.

Do you know more about this story? Email investigations@abc.net.au

The licensing for the deal was traced back to NRDIC, but the mining projects never got off the ground.

One of the directors of AAT Corporation at the time of the deal was Sydney businessman David Henty Sutton.

He denied doing deals with sanctioned entities.

Sources later told the ABC the UN Security Council panel overseeing sanctions had written to DFAT to ask for details about the investigation.

The UN sought specific information about travel and financial transactions involving the Australians suspected of sanctions breaches.

An investigation has found two Australian businessmen are linked to companies striking mining deals with North Korea. Video: An investigation has found two Australian businessmen are linked to companies striking mining deals with North Korea. (7.30)

The ABC applied under Freedom of Information for communications between the Australian Government and the UN about suspected or actual North Korean sanctions breaches involving Australians.

But the application was denied, with DFAT saying "the material in question is exempt from disclosure as its release could reasonably be expected to cause damage to Australia's international relations".

It said releasing the correspondence would call "into question [the Commonwealth's] ability to protect information".

DFAT also cited the ongoing probe into the two Australian mining companies, saying the "request has captured documents relating to cases which DFAT has referred formally to the AFP for investigation into a breach, or possible breach, of the law".

The AFP has told the ABC its investigation is ongoing.

"The Australian Federal Police can confirm it received one referral from the Department of Foreign Affairs and Trade in March 2015, and another referral from DFAT in August 2015 regarding allegations of breaches of sanctions by two Australian mining companies," it said.

Topics: international-law, government-and-politics, foreign-affairs, law-crime-and-justice, mining-industry, korea-democratic-people-s-republic-of, australia

First posted November 22, 2016 06:04:25