S.I. No. 392/2004 - European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2004


I, Mary Harney, 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 effect to Council Regulation (EC) No. 798/2004 of 26 April 20041 , hereby make the following regulations:

1.        These Regulations may be cited as the European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2004.

2.        A person who contravenes Article 2 or 3 of Council Regulation (EC) No. 798/2004 of 26 April 20041 is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding €3,000 or imprisonment for a term not exceeding 6 months or both.

3.        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 a 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 is guilty of an offence and is liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

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

5.        The European Communities (Prohibition on the Sale, Supply, and Export to Burma/Myanmar of Equipment which might be used for Internal Repression or Terrorism) Regulations, 2000 ( S.I. No. 299 of 2000 ) are revoked.

GIVEN under my Official Seal,

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17  June 2004.

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. 798/2004 concerning certain restrictive measures which include, a ban on technical assistance and the provision of finance relating to military activities and the sale, supply, transfer or export of equipment that might be used for internal repression in respect of Burma/Myanmar and to repeal European Communities (Prohibition on the Sale, Supply, and Export to Burma/Myanmar of Equipment which might be used for Internal Repression or Terrorism) Regulations, 2000 ( S.I. No. 299 of 2000 ).

1 OJ No. L125, 28.04.2004, p.4

1 OJ No. L125, 28.04.2004, p.4