S.I. No. 338/2012 - European Union (Restrictive Measures Against Iran) Regulations 2012.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th September, 2012.

I, RICHARD BRUTON, Minister for Jobs, 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 by Council Implementing Regulation 350/2012 of 23 April 20122 , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures Against Iran) Regulations 2012.

2. (1) In these Regulations “Council Regulation” means Council Regulation (EU) No. 267/2012 of 23 March 20121 as amended by Council Implementing Regulation (EU) No. 350/2012 of 23 April 20122.

(2) A word or expression used in these Regulations that 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. Subject to Regulation 4, a person who contravenes a provision of the Council Regulation mentioned in the Schedule commits an offence.

4. Notwithstanding Regulation 3, a person who has been granted or is deemed to have been granted an authorisation under the Council Regulation may, subject to compliance with the terms and conditions of the authorisation, do such of the things as are so authorised.

5. A person guilty of an offence under Regulation 3 shall be liable—

(a) on summary conviction, to a Class A fine or imprisonment for a term not exceeding 12 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.

6. A competent authority of the State may, for the purposes of the administration and enforcement of the Council Regulation or these Regulations, give such directions or issue such instructions to a person as it sees fit.

7. A person who fails to comply with a direction given or an instruction issued under Regulation 6 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.

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 any person, being a director, manager, secretary or other 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 be liable to be proceeded against and punished as if he or she committed the first mentioned offence.

9. The following are revoked:

(a) the European Union (Restrictive Measures) (Iran) Regulations 2011 ( S.I. No. 45 of 2011 ),

(b) the European Union (Restrictive Measures) (Iran) (Amendment) Regulations 2011 ( S.I. No. 74 of 2011 ), and

(c) the European Union (Iran) (Financial Sanctions) Regulations 2012 ( S.I. No. 34 of 2012 ) in so far as they give effect to Council Regulation (EU) No. 961/2010 of 25 October 20103 .

Schedule

Regulation 3

Provision of Council Regulation (EU) No. 267/2012 of 23 March 20121 as amended by Council Implementing Regulation (EU) No. 350/2012 of 23 April 20122.

Article 2(1)

Article 3(1) and (4)

Article 4

Article 5(1) and (2)

Article 8(1)

Article 9

Article 11(1)

Article 13(1)

Article 15(1)

Article 16

Article 17(1) and (4)

Article 18(1)

Article 22

Article 23(1) to (4)

Article 29(1) and (2)

Article 30(1) and (3)

Article 31(1)

Article 32(1)

Article 33

Article 34

Article 35(1)

Article 36

Article 37(1) and (2)

Article 40(1)

Article 41

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GIVEN under my Official Seal,

5 September 2012.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

The effect of these Regulations is to provide for penalties for infringements of the provisions of Council Regulation (EU) No. 267/2012 as amended by Council Implementing Regulation (EU) No. 350/2012 which relate to restrictive measures against Iran. These Regulations revoke the European Union (Restrictive Measures) (Iran) Regulations 2011 ( S.I. No. 45 of 2011 ), the European Union (Restrictive Measures) (Iran) (Amendment) Regulations 2011 ( S.I. No. 74 of 2011 ) and the European Union (Iran) (Financial Sanctions) Regulations 2012 ( S.I. No. 34 of 2012 ) in so far as they give effect to Council Regulation (EU) No. 961/2010.

1 OJ No. L 88, 24.3.2012, p. 1.

2 OJ No. L 110, 24.4.2012, p. 17.

3 OJ No. L 281, 27.10.2010, p. 1.