S.I. No. 616/2007 - European Communities (Restrictive Measures) (Iran) Regulations 2007


S.I. No. 616 of 2007

EUROPEAN COMMUNITIES (RESTRICTIVE MEASURES) (IRAN) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 11th September, 2007.

I, MICHEÁL MARTIN, Minister for Enterprise, Trade and Employment, 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 further effect to Council Regulation (EC) No. 423/2007 of 19 April 2007 1 , as amended by Council Regulation (EC) No. 618/2007 of 5 June 2007 2 , hereby make the following regulations:

1. These Regulations may be cited as the European Communities (Restrictive Measures) (Iran) Regulations 2007.

2. In these Regulations “Council Regulation” means Council Regulation (EC) No. 423/2007 of 19 April 20071 as amended by Council Regulation (EC) No. 618/2007 of 5 June 20072.

3. A person who contravenes Article 2, 4, 5(1) or 13(1) of the Council Regulation is guilty of an offence.

4. A person who does anything specified in paragraph (1) of Article 3 or paragraph (2) of Article 5 of the Council Regulation otherwise than in accordance with a prior authorisation under that Article 3 or 5, as the case may be, is guilty of an offence.

5. A person who fails to comply with any term or condition specified in an authorisation granted under Article 6 of the Council Regulation is guilty of an offence.

6. If, but for this Regulation the doing of any thing (or the making of any omission) would be an offence under both these Regulations and the European Communities (Iran) (Financial Sanctions) Regulations 2007 ( S.I. No. 522 of 2007 ), the doing of that thing (or the making of that omission) shall be an offence only under the European Communities (Iran) (Financial Sanctions) Regulations 2007.

7. A person who is guilty of an offence under these Regulations is liable—

(a) on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both, or

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

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

9. An offence under these Regulations may be prosecuted by the Minister for Enterprise, Trade and Employment.

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GIVEN under my Official Seal,

4 September 2007

MICHEÁL MARTIN,

Minister for Enterprise, Trade and Employment.

EXPLANATORY NOTE

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

The effect of this Order is to provide for penalties for infringements of Council Regulation (EC) No. 423/2007 of 19 April 2007, as amended by Council Regulation (EC) No. 618/2007 of 5 June 2007, concerning certain restrictive measures against Iran. The measures include restrictions on the export of goods and technology which could contribute to Iran’s enrichment-related, reprocessing, or heavy water-related activities, or to the development of nuclear weapon delivery systems. The Council Regulation also bans the provision of technical assistance, brokering services and investment related to, and the procurement of, such goods and technology from Iran.

1 OJ No. L103, 20.4.2007, p. 1.

2 OJ No. L143, 6.6.2007, p.1.