S.I. No. 84/2019 - European Union (Restrictive Measures Concerning Iraq) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” 15th of March, 2019.

I, PASCHAL DONOHOE, 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. 1210/2003 of 7 July 20031 , as amended, hereby make the following regulations:

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

2. (1) In these Regulations -

“Council Regulation” means Council Regulation (EC) No. 1210/2003 of 7 July 20031 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 the 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 the 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. The European Union (Restrictive Measures concerning Iraq) Regulations (No.5) 2018 (S.I. No. 606 of 2018) are revoked.

Schedule 1

Council Regulation

1. Council Regulation (EC) No. 1799/2003 of 13 October 20032

2. Commission Regulation (EC) No 2119/2003 of 2 December 20033

3. Commission Regulation (EC) No 2204/2003 of 17 December 20034

4. Commission Regulation (EC) No 924/2004 of 29 April 20045

5. Commission Regulation (EC) No 979/2004 of 14 May 20046

6. Commission Regulation (EC) No 1086/2004 of 9 June 20047

7. Council Regulation (EC) No 1412/2004 of 3 August 20048

8. Commission Regulation (EC) No 1566/2004 of 31 August 20049

9. Commission Regulation (EC) No 1087/2005 of 8 July 200510

10. Commission Regulation (EC) No 1286/2005 of 3 August 200511

11. Commission Regulation (EC) No 1450/2005 of 5 September 200512

12. Commission Regulation (EC) No 785/2006 of 23 May 200613

13. Council Regulation (EC) No 1791/2006 of 20 November 200614

14. Council Regulation (EC) No 195/2008 of 3 March 200815

15. Council Regulation (EC) No 175/2009 of 5 March 200916

16. Council Regulation (EU) No 168/2010 of 1 March 201017

17. Council Regulation (EU) No 131/2011 of 14 February 201118

18. Commission Implementing Regulation (EU) No 88/2012 of 1 February 201219

19. Council Regulation (EU) No 85/2013 of 31 January 201320

20. Council Regulation (EU) No 517/2013 of 13 May 201321

21. Council Regulation (EU) No 791/2014 of 22 July 201422

22. Commission Implementing Regulation (EU) 2016/1398 of 19 August 201623

23. Commission Implementing Regulation (EU) 2016/1453 of 5 September 201624

24. Commission Implementing Regulation (EU) 2016/1642 of 12 September 201625

25. Commission Implementing Regulation (EU) 2016/1695 of 21 September 201626

26. Commission Implementing Regulation (EU) 2016/2363 of 21 December 201627

27. Commission Implementing Regulation (EU) 2017/44 of 10 January 201728

28. Commission Implementing Regulation (EU) 2017/184 of 1 February 201729

29. Commission Implementing Regulation (EU) 2017/441 of 13 March 201730

30. Commission Implementing Regulation (EU) 2017/2217 of 1 December 201731

31. Commission Implementing Regulation (EU) 2018/875 of 15 June 201832

32. Commission Implementing Regulation (EU) 2018/979 of 11 July 201833

33. Commission Implementing Regulation (EU) 2018/1025 of 19 July 201834

34. Commission Implementing Regulation (EU) 2018/1066 of 27 July 201835

35. Commission Implementing Regulation (EU) 2018/1124 of 10 August 201836

36. Commission Implementing Regulation (EU) 2018/1218 of 6 September 201837

37. Commission Implementing Regulation (EU) 2018/1286 of 24 September 201838

38. Commission Implementing Regulation (EU) 2018/1302 of 27 September 201839

39. Commission Implementing Regulation (EU) 2018/1476 of 3 October 201840

40. Commission Implementing Regulation (EU) 2018/1483 of 4 October 201841

41. Commission Implementing Regulation (EU) 2018/1661 of 7 November 201842

42. Commission Implementing Regulation (EU) 2018/1781 of 16 November 201843

43. Commission Implementing Regulation (EU) 2019/23 of 7 January 201944

44. Commission Implementing Regulation (EU) 2019/51 of 11 January 201945

45. Commission Implementing Regulation (EU) 2019/162 of 1 February 201946

Schedule 2

Part 1

Contravention of Provision of Council Regulation

Article 3(1)

Article 4

Article 5(1)

Article 7(1)

Article 8(1)

Part 2

Authorisation under Provision of Council Regulation

Article 5(2)

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GIVEN under the Official Seal of the Minister for Finance,

8 March, 2019.

Paschal Donohoe,

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 (EU) No. 1210/2003 of 7 July 2003, as amended, regarding restrictive measures concerning Iraq.

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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