Indian legal services for clients in North Korea

Document route

Indian mission in Pyongyang where available, or signing in a third country

Time difference

IST is 3h30 behind North Korea all year

Foreign judgments in India

Not reciprocating: fresh suit

Apostille with India

Not a party: consular attestation where available

Who we help

Indian nationals posted to Pyongyang with the Embassy, United Nations agencies or other international bodies still have homes, bank accounts and family matters in India, and sometimes need to sell property, deal with a parent's estate or appoint someone to act for them while they are away. Separately, Indian banks, businesses and families occasionally need advice on whether a transaction has any connection with North Korea that sanctions rules would prohibit.

We help with powers of attorney, buying and selling property in India, succession certificates and wills, and we advise on the sanctions and FEMA points that apply. We do not act in any matter that would breach sanctions.

Signing documents for use in India

North Korea is not a party to the Hague Apostille Convention, and North Korean notarial documents are rarely practical for use in India. In practice, documents are signed in one of these ways:

1. Before the consular officer of the Embassy of India in Pyongyang, where the mission is functioning and offering the service.
2. In a third country, most often China, before the Indian Embassy in Beijing or a Consulate, or before a local notary with an apostille.
3. In India, during home leave, before a notary or sub-registrar.

Once in India, a power of attorney must be stamped within three months, and powers relating to property are authenticated or registered as the local office requires. Couriers to and from Pyongyang are slow and limited, so we plan around home leave where possible.

Most requested services from North Korea

These four services cover what Indians posted in North Korea, and others with a connection to it, usually need from an Indian lawyer.

Sanctions and FEMA

The UN Security Council has imposed wide sanctions on North Korea, which India implements through orders under the United Nations (Security Council) Act 1947 and through RBI and banking instructions. These restrict trade, financial services and transfers involving North Korean persons and entities. Indian staff of international organisations generally receive salaries outside North Korea, but any transaction with a North Korean counterparty must be screened.

Under the FEMA (Non-Debt Instruments) Rules 2019, a citizen of the Democratic People's Republic of Korea living outside India needs prior RBI permission to acquire or transfer immovable property in India, other than a lease of up to five years.

NRI status, tax and property

Indians working abroad usually become non-residents if they spend fewer than 182 days in India in the year, although salary paid by the Government of India to an Indian citizen posted abroad remains taxable in India whatever their residence status. Non-resident Indians can buy and sell Indian residential and commercial property, other than agricultural land and farmhouses, freely, and repatriate up to USD 1 million per financial year from an NRO account after tax. There is no tax treaty between India and North Korea, as far as we know.

Judgments and family matters

North Korea is not a reciprocating territory under section 44A of the Code of Civil Procedure, and is not a party to the New York Convention as far as we know, so North Korean judgments and awards have no practical effect in India. For Indian families, succession, wills and property matters are dealt with entirely under Indian law and in Indian courts, with the person abroad acting through a power of attorney.

All services for clients in North Korea

NRI Property Law

• Property Disputes
• Encroachment & Illegal Possession
• Partition of Family Property
• Buying & Selling Property
• Title Search & Due Diligence
• Tenant Eviction
• Builder Delay & RERA

Inheritance & Documents

• Wills & Probate
• Succession Certificate
• Mutation & Transfer
• Power of Attorney
• Apostille & Attestation

Cross-Border Family Law

• Divorce for NRIs
• International Child Custody
• Maintenance & Alimony
• Marriage Registration
• 498A & Dowry Case Defence
• OCI Card Issues

Doing Business in India

• Company Setup for Foreigners
• Indian Subsidiary Setup
• Branch & Liaison Office
• FDI & FEMA Compliance
• Trademark Protection in India
• Commercial Contracts
• Employment Law for Foreign Employers
• GST for Foreign Businesses
• Investing in Indian Startups
• Legal Advisory for NRI Investors

Disputes & Enforcement

• International Arbitration
• Enforcing Foreign Judgments
• Money Recovery from India
• Shareholder Disputes & NCLT
• Accident Compensation Claims
• Cyber & Investment Fraud
• Criminal Defence & Look Out Circulars

Cross-Border Tax & Money

• NRI Income Tax & DTAA
• TDS on Property Sale
• Repatriation of Funds
• FEMA Compliance for NRIs

Indian missions in North Korea

The Embassy of India in Pyongyang has operated with very limited staff and services at times in recent years. Check its current status before relying on it for consular work; the Embassy in Beijing is the usual alternative.

• Embassy of India, Pyongyang (limited services)

Frequently asked questions