S.I. No. 450/2013 - European Union (Restrictive Measures Against Iran) (No. 2) Regulations 2013.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 29th November, 2013. | ||
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. 359/2011 of 12 April 20111 as amended by Council Implementing Regulation (EU) No. 1002/2012 of 10 October 20122 , Council Regulation (EU) No. 264/2012 of 23 March 20123 , Council Implementing Regulation (EU) No. 1245/2012 of 20 December 20124 and Council Implementing Regulation (EU) No. 206/2013 of 11 March 20135 hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Restrictive Measures Against Iran) (No. 2) Regulations 2013. | ||
2. (1) In these Regulations “Council Regulation” means Council Regulation (EU) No. 359/2011 of 12 April 2011 as amended by Council Implementing Regulation (EU) No. 1002/2012 of 10 October 2012, Council Regulation (EU) No. 264/2012 of 23 March 2012, Council Implementing Regulation (EU) No. 1245/2012 of 20 December 2012 and Council Implementing Regulation (EU) No. 206/2013 of 11 March 2013. | ||
(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 Regulations 4 and 5, a person who contravenes a provision of the Council Regulation in the Schedule commits an offence. | ||
4. Where the Council Regulation allows an exception, exemption or derogation from the provisions in the Schedule, the same exception, exemption or derogation shall apply to an offence under Regulation 3. | ||
5. 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. | ||
6. 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. | ||
7. 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. | ||
8. A person who fails to comply with a direction given or an instruction issued under Regulation 7 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. | ||
9. 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. | ||
Schedule | ||
Regulation 3 | ||
Provision of Council Regulation (EU) No. 359/2011 of 12 April 2011 as amended by Council Implementing Regulation (EU) No. 1002/2012 of 10 October 2012, Council Regulation (EU) No. 264/2012 of 23 March 2012, Council Implementing Regulation (EU) No. 1245/2012 of 20 December 2012 and Council Implementing Regulation (EU) No. 206/2013 of 11 March 2013. | ||
Acting contrary to the prohibitions set out in: | ||
Article 1a as inserted by Council Regulation (EU) 264/2012 | ||
Article 2(3) | ||
Carrying out the prohibited acts without prior authorisation from the competent authority as set out in: | ||
Article 1b(1) as inserted by Council Regulation (EU) 264/2012 | ||
Article 1c as inserted by Council Regulation (EU) 264/2012 | ||
Not freezing the funds and economic resources as set out in: | ||
Article 2(1) | ||
Making available funds as set out in: | ||
Article 2(2) | ||
Failing to supply information or cooperate with the competent authority as set out in: | ||
Article 9(1) | ||
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GIVEN under my Official Seal, | ||
25 November 2013. | ||
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. 359/2011 as amended, which relate to restrictive measures directed against certain persons, entities and bodies in view of the situation in Iran. The restrictive measures include freezing of funds and economic resources of certain natural or legal persons, entities and bodies, and the provision of equipment or services which might be used for internal repression. | ||
1 OJ No. L 100, 14.4.2011, p. 1. 2 OJ No. L 267, 12.10.2011, p. 1. 3 OJ No. L 87, 24.3.2012, p.26. |
