S.I. No. 120/1993 - European Communities (Prohibition of Satisfaction of Certain Contractual Claims by Persons in Iraq) Regulations, 1993.


S.I. No. 120 of 1993.

EUROPEAN COMMUNITIES (PROHIBITION OF SATISFACTION OF CERTAIN CONTRACTUAL CLAIMS BY PERSONS IN IRAQ) REGULATIONS, 1993.

The Minister for Tourism and Trade in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving full effect to Council Regulation (EEC) No. 3541/92 of 7 December 1992 hereby makes the following Regulations.

1. These Regulations may be cited as the European Communities (Prohibition of Satisfaction of Certain Contractual Claims by Persons in Iraq) Regulations, 1993.

2. A person who contravenes Article 2 of Council Regulation (EEC) No. 3541/92 of 7 December, 1992(1)shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or imprisonment for a term not exceeding six months or both.

(1) OJ No. L 361/10.12.1992, p1.

3. If the contravention in respect of which a person is convicted of an offence under Regulation 2 of these Regulations is continued after the conviction, he shall be guilty of a further offence on every day on which the contravention continues and for each such offence he shall be liable on summary conviction to a fine not exceeding £200.

4. Where an offence under Regulation 2 of 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 similar officer of the body corporate, or a person who was purporting to act in any such capacity, that person as well as the body corporate shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

GIVEN under the Official Seal of the Minister for Tourism and Trade,

this 28th day of April, 1993.

CHARLIE McCREEVY,

Minister for Tourism and Trade.

EXPLANATORY NOTE.

The effect of these Regulations is to prohibit Irish firms and individuals from satisfying Iraqi claims with regard to contracts and transactions the performance of which was affected by United Nations Security Council Resolution 661 (1990) and related resolutions, and to provide penalties for infringement of the prohibition.