S.I. No. 417/2023 - European Union (Restrictive Measures Concerning Belarus) (No.3) Regulations 2023


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 25th August, 2023.

I, MICHAEL MCGRATH, Minister for Finance, 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 full effect to Council Regulation (EC) No. 765/2006 of 18 May 20061 , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Belarus) (No.3) Regulations 2023.

2. (1) In these Regulations -

“Council Regulation” means Council Regulation (EC) No. 765/2006 of 18 May 20061 , as amended by the European acts specified in Schedule 1;

“European act” means an act adopted by an institution of the European Union or an institution of the European Communities.

(2) A word or expression which is used in these Regulations and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation.

3. (1) A person who contravenes a provision of the Council Regulation specified in Schedule 2 shall be guilty of an offence.

(2) A person who contravenes a condition of an authorisation granted under a provision of the Council Regulation shall be guilty of an offence.

4. A person who is guilty of an offence under Regulation 3 shall be liable -

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or

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

5. A competent authority in the State, following such consultation as it considers necessary with other competent authorities, for the purposes of the administration and enforcement of the Council Regulation or these Regulations, may give in writing such directions to a person as it sees fit.

6. A person who fails to comply with a direction given under Regulation 5 within the time specified in the direction shall be guilty of an offence and shall be liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 6 months or both.

7. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

8. (1) Proceedings for an offence under these Regulations in relation to an act committed outside the State may be taken in any place in the State and the offence may for all incidental purposes be treated as having been committed in that place.

(2) Where a person is charged with an offence referred to in paragraph (1), no further proceedings in the matter (other than any remand in custody or on bail) may be taken except by or with the consent of the Director of Public Prosecutions.

(3) In proceedings for an offence referred to in paragraph (1),

(a) a certificate purporting to be signed by an officer of the Department of Foreign Affairs and stating that a passport was issued by that Department to a person on a specified date, and

(b) a certificate that is signed by an officer of the Minister for Justice and stating that, to the best of the officer’s knowledge and belief, the person has not ceased to be an Irish citizen,

is evidence that the person was an Irish citizen on the date on which the offence is alleged to have been committed, and is taken to have been signed by the person purporting to have signed it, unless the contrary is shown.

(4) A person who has been acquitted or convicted of an offence in a place outside the State shall not be proceeded against for an offence under these Regulations in relation to an act committed outside the State consisting of the conduct, or substantially the same conduct, that constituted the offence of which the person has been acquitted or convicted.

9. The European Union (Restrictive Measures concerning Belarus) (No. 2) Regulations 2023 ( S.I. No. 275 of 2023 ) are revoked.

Schedule 1

Council Regulation

1. Commission Regulation (EC) No. 1587/2006 of 23 October 20062

2. Council Regulation (EC) No. 1791/2006 of 20 November 20063

3. Council Regulation (EC) No. 646/2008 of 8 July 20084

4. Council Regulation (EU) No. 84/2011 of 31 January 20115

5. Council Implementing Regulation (EU) No. 271/2011 of 21 March 20116

6. Council Implementing Regulation (EU) No. 505/2011 of 23 May 20117

7. Council Regulation (EU) No. 588/2011 of 20 June 20118

8. Council Regulation (EU) No. 999/2011 of 10 October 20119

9. Council Implementing Regulation (EU) No. 1000/2011 of 10 October 201110

10. Council Implementing Regulation (EU) No. 1320/2011 of 16 December 201111

11. Council Regulation (EU) No. 114/2012 of 10 February 201212

12. Council Implementing Regulation (EU) No. 170/2012 of 28 February 201213

13. Council Implementing Regulation (EU) No. 265/2012 of 23 March 201214

14. Council Regulation (EU) No. 354/2012 of 23 April 201215

15. Council Regulation (EU) No. 1014/2012 of 6 November 201216

16. Council Implementing Regulation (EU) No. 1017/2012 of 6 November 201217

17. Council Implementing Regulation (EU) No. 494/2013 of 29 May 201318

18. Council Regulation (EU) No. 517/2013 of 13 May 201319

19. Council Implementing Regulation (EU) No. 1054/2013 of 29 October 201320

20. Council Implementing Regulation (EU) No. 46/2014 of 20 January 201421

21. Council Implementing Regulation (EU) No. 740/2014 of 8 July 201422

22. Council Implementing Regulation (EU) No. 1159/2014 of 30 October 201423

23. Council Implementing Regulation (EU) 2015/1133 of 13 July 201524

24. Council Implementing Regulation (EU) 2015/1326 of 31 July 201525

25. Council Regulation (EU) 2015/1948 of 29 October 201526

26. Council Implementing Regulation (EU) 2015/1949 of 29 October 201527

27. Council Implementing Regulation (EU) 2016/276 of 25 February 201628

28. Council Regulation (EU) 2016/277 of 25 February 201629

29. Council Regulation (EU) 2017/331 of 27 February 201730

30. Council Regulation (EU) 2018/275 of 23 February 201831

31. Commission Implementing Regulation (EU) 2019/1163 of 5 July 201932

32. Council Implementing Regulation (EU) 2020/1387 of 2 October 202033

33. Council Implementing Regulation (EU) 2020/1648 of 6 November 202034

34. Council Implementing Regulation (EU) 2020/2129 of 17 December 202035

35. Council Implementing Regulation (EU) 2021/339 of 25 February 202136

36. Council Regulation (EU) 2021/907 of 4 June 202137

37. Council Regulation (EU) 2021/996 of 21 June 202138

38. Council Implementing Regulation (EU) 2021/997 of 21 June 202139

39. Council Implementing Regulation (EU) 2021/999 of 21 June 202140

40. Council Regulation (EU) 2021/1030 of 24 June 202141

41. Council Regulation (EU) 2021/1985 of 15 November 202142

42. Council Regulation (EU) 2021/1986 of 15 November 202143

43. Council Implementing Regulation (EU) 2021/2124 of 2 December 202144

44. Council Regulation (EU) 2022/212 of 17 February 202245

45. Council Implementing Regulation (EU) 2022/300 of 24 February 202246

46. Council Regulation (EU) 2022/355 of 2 March 202247

47. Council Regulation (EU) 2022/398 of 9 March 202248

48. Council Regulation (EU) 2022/577 of 8 April 202249

49. Commission Implementing Regulation (EU) 2022/595 of 11 April 202250

50. Council Implementing Regulation (EU) 2022/876 of 3 June 202251

51. Council Regulation (EU) 2022/877 of 3 June 202252

52. Council Implementing Regulation (EU) 2022/1231 of 18 July 202253

53. Council Implementing Regulation (EU) 2023/419 of 24 February 202354

54. Council Implementing Regulation (EU) 2023/1591 of 3 August 202355

55. Council Regulation (EU) 2023/1594 of 3 August 202356

Schedule 2

Contravention of Provision of Council Regulation

Article 1a (1)

Article 1b (1)

Article 1ba (1) or (2)

Article 1c (1)

Article 1d (1)

Article 1e (1), (2) or (3)

Article 1f (1), (2) or (3)

Article 1g (1) or (1a)

Article 1h (1)

Article 1i (1) or (1a)

Article 1j

Article 1ja (1)

Article 1jb

Article 1k (1)

Article 1l

Article 1m

Article 1o (1)

Article 1p (1)

Article 1q (1)

Article 1r (1)

Article 1s (1) or (2)

Article 1sa (1), (2), (3) or (4)

Article 1t (1)

Article 1u (1)

Article 1x (1)

Article 1y (1)

Article 1z

Article 1za (1)

Article 1zb

Article 1zc (1)

Article 2 (1), (2) or (3)

Article 4

Article 5

Article 8b (1)

Article 8d (1)

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GIVEN under my Official Seal,

21 August, 2023.

MICHAEL MCGRATH,

Minister for Finance.

EXPLANATORY NOTE

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

These Regulations provide for the enforcement of restrictive measures contained in Council Regulation (EC) No. 765/2006 as amended, regarding restrictive measures concerning Belarus.

The Regulations provide that competent authorities of the State may issue directions for the purpose of giving full effect to the sanctions. The Regulations create offences for breach of the Council Regulations or for failure to comply with the directions of competent authorities of the State with regard to implementation of the sanctions and provides for appropriate penalties.

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