S.I. No. 452/2019 - European Union (Restrictive Measures Concerning Iran) (No. 2) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th September, 2019.

I, HEATHER HUMPHREYS, 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 267/2012 of 23 March 20121 , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Iran) (No. 2) Regulations 2019.

2. (1) In these Regulations -

“Council Regulation” means Council Regulation (EU) No 267/2012 of 23 March 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 to 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 to 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 to 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. The European Union (Restrictive Measures concerning Iran) Regulations 2018 (S.I. No. 461 of 2018) are revoked.

Schedule 1

Council Regulation

1. Council Implementing Regulation (EU) No 350/2012 of 23 April 20122

2. Council Regulation (EU) No 708/2012 of 2 August 20123

3. Council Implementing Regulation (EU) No 709/2012 of 2 August 20124

4. Council Implementing Regulation (EU) No 945/2012 of 15 October 20125

5. Council Implementing Regulation (EU) No 1016/2012 of 6 November 20126

6. Council Regulation (EU) No 1067/2012 of 14 November 20127

7. Council Regulation (EU) No 1263/2012 of 21 December 20128

8. Council Implementing Regulation (EU) No 1264/2012 of 21 December 20129

9. Council Implementing Regulation (EU) No 522/2013 of 6 June 201310

10. Council Regulation (EU) No 517/2013 of 13 May 201311

11. Council Regulation (EU) No 971/2013 of 10 October 201312

12. Council Implementing Regulation (EU) No 1154/2013 of 15 November 201313

13. Council Implementing Regulation (EU) No 1203/2013 of 26 November 201314

14. Council Implementing Regulation (EU) No 1361/2013 of 17 December 201315

15. Council Regulation (EU) No 42/2014 of 20 January 201416

16. Council Implementing Regulation (EU) No 397/2014 of 16 April 201417

17. Council Implementing Regulation (EU) No 1202/2014 of 7 November 201418

18. Council Regulation (EU) 2015/229 of 12 February 201519

19. Council Implementing Regulation (EU) 2015/230 of 12 February 201520

20. Council Implementing Regulation (EU) 2015/549 of 7 April 201521

21. Council Implementing Regulation (EU) 2015/1001 of 25 June 201522

22. Council Regulation (EU) 2015/1327 of 31 July 201523

23. Council Regulation (EU) 2015/1328 of 31 July 201524

24. Council Regulation (EU) 2015/1861 of 18 October 201525

25. Council Implementing Regulation (EU) 2015/1862 of 18 October 201526

26. Council Implementing Regulation (EU) 2015/2204 of 30 November 201527

27. Council Regulation (EU) 2016/31 of 14 January 201628

28. Council Implementing Regulation (EU) 2016/74 of 22 January 201629

29. Council Implementing Regulation (EU) 2016/603 of 18 April 201630

30. Commission Implementing Regulation (EU) 2016/1375 of 29 July 201631

31. Council Implementing Regulation (EU) 2017/77 of 16 January 201732

32. Council Regulation (EU) 2017/964 of 8 June 201733

33. Council Implementing Regulation (EU) 2017/1124 of 23 June 201734

34. Council Implementing Regulation (EU) 2017/827 of 4 June 201835

35. Council Implementing Regulation (EU) 2017/855 of 27 May 201936

Schedule 2

Part 1

Contravention of Provision of Council Regulation

Article 2c(3)

Article 4a(1)

Article 4b

Article 4c

Article 5

Article 23(1), (2), (3) and (4)

Article 23a(1), (2), (3) and (4)

Article 36

Article 37(1) and (2)

Article 40(1)

Article 41

Part 2

Authorisation under Provision of Council Regulation

Article 2a(1)

Article 2b(1)

Article 2d(1)

Article 3a(1)

Article 3c(1)

Article 3d(1)

Article 10d

Article 15a

Article 24

Article 25

Article 26

Article 27

Article 28

Article 28a

Article 28b

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GIVEN under my Official Seal,

3 September, 2019.

HEATHER HUMPHREYS,

Minister for Business, Enterprise and Innovation.

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