S.I. No. 33/2008 - European Communities (Restrictive Measures) (Democratic Republic of Congo) (Amendment) Regulations 2008


S.I. No. 33 of 2008

EUROPEAN COMMUNITIES (RESTRICTIVE MEASURES) (DEMOCRATIC REPUBLIC OF CONGO) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd February, 2008.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Council Regulation (EC) No. 889/2005 of 13 June 2005 1 , as amended by Council Regulation (EC) No. 1377/2007 of 26 November 2007 2 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Restrictive Measures) (Democratic Republic of Congo)(Amendment) Regulations 2008.

2. The European Communities (Restrictive Measures) (Democratic Republic of Congo) Regulations 2005 (S.I. 800 of 2005) are amended by substituting for Regulation 2 the following Regulations:

“2. In these Regulations ‘Council Regulation’ means Council Regulation (EC) No. 889/2005 of 13 June 20051, as amended by Council Regulation (EC) No. 1377/2007 of 26 November 2007 2 .

2A. A person who contravenes Article 2 of the Council Regulation is guilty of an offence.

2B. A person who does anything specified in Article 3 of the Council Regulation otherwise than in accordance with an authorisation under that Article is guilty of an offence.

2C. A person who is guilty of an offence under these Regulations is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or both.”.

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GIVEN under my Official Seal,

13 February 2008

MICHEÁL MARTIN.

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The effect of this Order is to provide for penalties for infringements of Council Regulation (EC) No. 889/2005, as amended by Council Regulation (EC) No. 1377/2007, concerning certain restrictive measures in respect of the Democratic Republic of Congo. Council Regulation (EC) No. 1377/2007 sets out the exceptions whereby authorisations can be granted for the provision of financing, financial and technical assistance relating to military activities in respect of the Democratic Republic of Congo.

1 OJ No. L152, 15.6.2005, p.1.

2 OJ No. L309, 27.11.2007, p.1.