S.I. No. 170/2019 - European Union (Restrictive Measures concerning Syria) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 26th April, 2019.

I, FRANCES FITZGERALD, Minister for Business, Enterprise and Innovation 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 (EU) No 36/2012 of 18 January 20121 , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Syria) Regulations 2019.

2. (1) In these Regulations -

“Council Regulation” means Council Regulation (EU) No 36/2012 of 18 January 20121 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 Part 1 of 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 specified in Part 2 of Schedule 2 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 Trade 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 Equality 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. European Union (Restrictive Measures concerning Syria) (No. 2) Regulations 2018 (S.I. No. 463 of 2018) are revoked.

Schedule 1

Council Regulation

1. Council Implementing Regulation (EU) No 55/2012 of 23 January 20122

2. Council Regulation (EU) No 168/2012 of 27 February 20123

3. Council Implementing Regulation (EU) No 266/2012 of 23 March 20124

4. Council Implementing Regulation (EU) No 410/2012 of 14 May 20125

5. Council Implementing Regulation (EU) No 509/2012 of 15 June 20126

6. Council Implementing Regulation 2012/544/CFSP of 25 June 20127

7. Council Regulation (EU) No 545/2012 of 25 June 20128

8. Council Implementing Regulation (EU) No 673/2012 of 23 July 20129

9. Council Implementing Regulation (EU) No 742/2012 of 16 August 201210

10. Council Regulation (EU) No 867/2012 of 24 September 201211

11. Council Implementing Regulation (EU) No 944/2012 of 15 October 201212

12. Council Implementing Regulation (EU) No 1117/2012 of 29 November 201213

13. Council Regulation (EU) No 325/2013 of 10 April 201314

14. Council Implementing Regulation (EU) No 363/2013 of 22 April 201315

15. Council Regulation (EU) No 517/2013 of 13 May 201316

16. Council Regulation (EU) No 697/2013 of 22 July 201317

17. Council Regulation (EU) No 1332/2013 of 13 December 201318

18. Council Regulation (EU) No 124/2014 of 10 February 201419

19. Council Implementing Regulation (EU) No 578/2014 of 28 May 201420

20. Council Implementing Regulation (EU) No 693/2014 of 23 June 201421

21. Council Implementing Regulation (EU) No 793/2014 of 22 July 201422

22. Council Implementing Regulation (EU) No 1013/2014 of 26 September 201423

23. Council Implementing Regulation (EU) No 1105/2014 of 20 October 201424

24. Council Regulation (EU) No 1323/2014 of 12 December 201425

25. Council Implementing Regulation (EU) 2015/108 of 26 January 201526

26. Council Implementing Regulation (EU) 2015/375 of 6 March 201527

27. Council Implementing Regulation (EU) 2015/780 of 19 May 201528

28. Council Regulation (EU) 2015/827 of 28 May 201529

29. Council Implementing Regulation (EU) 2015/828 of 28 May 201530

30. Council Implementing Regulation (EU) 2015/961 of 22 June 201531

31. Council Regulation (EU) 2015/1828 of 12 October 201532

32. Council Implementing Regulation (EU) 2015/2350 of 16 December 201533

33. Council Implementing Regulation (EU) 2016/840 of 27 May 201634

34. Council Implementing Regulation (EU) 2016/1893 of 27 October 201635

35. Council Implementing Regulation (EU) 2016/1984 of 14 November 201636

36. Council Implementing Regulation (EU) 2016/1996 of 15 November 201637

37. Council Regulation (EU) 2016/2137 of 6 December 201638

38. Council Implementing Regulation (EU) 2017/480 of 20 March 201739

39. Council Implementing Regulation (EU) 2017/907 of 29 May 201740

40. Council Implementing Regulation (EU) 2017/1241 of 10 July 201741

41. Council Implementing Regulation (EU) 2017/1327 of 17 July 201742

42. Council Implementing Regulation (EU) 2017/1751 of 25 September 201743

43. Council Implementing Regulation (EU) 2018/282 of 26 February 201844

44. Council Implementing Regulation (EU) 2018/420 of 19 March 201845

45. Council Implementing Regulation (EU) 2018/774 of 28 May 201846

46. Council Implementing Regulation (EU) 2019/85 of 21 January 201947

Schedule 2

Part 1

Contravention of Provision of Council Regulation

Article 2a(1)

Article 3(1)

Article 3a

Article 4(1)

Article 5(1)

Article 6

Article 7a(1)

Article 8(1)

Article 9

Article 11

Article 11a(1)

Article 11b(1)

Article 11c(1)

Article 12(1)

Article 13

Article 14

Article 24

Article 25

Article 26

Article 26a

Article 27a

Article 29(1)

Part 2

Authorisation under Provision of Council Regulation

Article 2a(2) or (3)

Article 2b(1) or (3)

Article 3(3), (4) or (5)

Article 4(1)

Article 5(1)

Article 6a(2)

Article 7a(3)

Article 9a(1)

Article 13a(1)

Article 16

Article 16a(2) or (3)

Article 17

Article 18(1)

Article 20

Article 20a

Article 21a

Article 21c(1)

Article 25a(1)

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GIVEN under my Official Seal,

18 April 2019.

HEATHER HUMPHREYS

Minister for Business, Enterprise and Innovation.

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