S.I. No. 611/2021 - European Union (Restrictive Measures concerning Libya) (No. 5) Regulations 2021
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 26th November, 2021. | ||
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 (EU) 2016/44 of 18 January 20161 , as amended, hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Restrictive Measures concerning Libya) (No.5) Regulations 2021. | ||
2. (1) In these Regulations - | ||
“Council Regulation” means Council Regulation (EU) 2016/44 of 18 January 20161 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 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 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 Libya) (No.4) Regulations 2021 ( S.I. No. 439 of 2021 ) are revoked. | ||
Schedule 1 | ||
Council Regulation | ||
1. Council Implementing Regulation (EU) 2016/466 of 31 March 20162 | ||
2. Council Implementing Regulation (EU) 2016/690 of 4 May 20163 | ||
3. Commission Implementing Regulation (EU) 2016/819 of 24 May 20164 | ||
4. Council Implementing Regulation (EU) 2016/1334 of 4 August 20165 | ||
5. Council Implementing Regulation (EU) 2016/1687 of 20 September 20166 | ||
6. Council Implementing Regulation (EU) 2016/1752 of 30 September 20167 | ||
8. Council Implementing Regulation (EU) 2017/489 of 21 March 20179 | ||
11. Council Implementing Regulation (EU) 2017/1423 of 4 August 201712 | ||
12. Council Implementing Regulation (EU) 2017/1456 of 10 August 201713 | ||
13. Commission Implementing Regulation (EU) 2017/1974 of 30 October 201714 | ||
14. Commission Implementing Regulation (EU) 2017/2006 of 8 November 201715 | ||
15. Commission Implementing Regulation (EU) 2017/2260 of 5 December 201716 | ||
16. Commission Implementing Regulation (EU) 2018/126 of 24 January 201817 | ||
17. Commission Implementing Regulation (EU) 2018/166 of 2 February 201818 | ||
18. Commission Implementing Regulation (EU) 2018/200 of 9 February 201819 | ||
19. Commission Implementing Regulation (EU) 2018/711 of 14 May 201820 | ||
20. Council Implementing Regulation (EU) 2018/870 of 14 June 201821 | ||
21. Council Implementing Regulation (EU) 2018/1073 of 30 July 201822 | ||
22. Council Implementing Regulation (EU) 2018/1245 of 18 September 201823 | ||
23. Council Implementing Regulation (EU) 2018/1285 of 24 September 201824 | ||
24. Council Implementing Regulation (EU) 2018/1863 of 28 November 201825 | ||
26. Commission Implementing Regulation (EU) 2019/1163 of 5 July 201927 | ||
28. Council Implementing Regulation (EU) 2020/371 of 5 March 202029 | ||
29. Council Implementing Regulation (EU) 2020/1130 of 30 July 202030 | ||
30. Council Implementing Regulation (EU) 2020/1309 of 21 September 202031 | ||
31. Council Implementing Regulation (EU) 2020/1380 of 1 October 202032 | ||
32. Council Implementing Regulation (EU) 2020/1481 of 14 October 202033 | ||
33. Council Implementing Regulation (EU) 2021/538 of 26 March 202134 | ||
34. Council Implementing Regulation (EU) 2021/667 of 23 April 202135 | ||
36. Council Implementing Regulation (EU) 2021/1241 of 29 July 202137 | ||
37. Council Implementing Regulation (EU) 2021/1909 of 4 November 202138 | ||
38. Council Implementing Regulation (EU) 2021/1932 of 9 November 202139 | ||
Schedule 2 | ||
Part 1 | ||
Contravention of Provision of Council Regulation | ||
Article 2(1) and (2) | ||
Article 3(1) | ||
Article 4 | ||
Article 5 | ||
Article 12 | ||
Article 15(1), (2), (4) and (6) | ||
Article 18(1) | ||
Part 2 | ||
Authorisation under Provision of Council Regulation | ||
Article 2(4) | ||
Article 3(4) | ||
Article 8 | ||
Article 9 | ||
Article 10 | ||
Article 11 | ||
Article 13 | ||
| ||
GIVEN under my Official Seal, | ||
18 November, 2021. | ||
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) 2016/44 of 18 January 2016 as amended, regarding restrictive measures concerning Libya. | ||
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. | ||
1 OJ No. L 12, 19.1.2016, p. 1 1 OJ No. L 12, 19.1.2016, p. 1 3 OJ No. L 120, 5.5.2016, p. 1 4 OJ No. L 136, 25.5.2016, p. 8 5 OJ No. L 212, 5.8.2016, p. 3 6 OJ No. L 255, 21.9.2016, p. 12 7 OJ No. L 268, 1.10.2016, p. 77 8 OJ No. L 76, 22.3.2017, p. 1 9 OJ No. L 76, 22.3.2017, p. 3 10 OJ No. L 185, 18.7.2017, p. 16 11 OJ No. L 204, 5.8.2017, p. 1 12 OJ No. L 204, 5.8.2017, p. 80 13 OJ No. L 208, 11.8.2017, p. 31 14 OJ No. L 281, 31.10.2017, p. 27 15 OJ No. L 290, 9.11.2017, p. 17 16 OJ No. L 324, 8.12.2017, p. 39 17 OJ No. L 22, 26.1.2018, p. 12 18 OJ No. L 31, 3.2.2018, p. 82 19 OJ No. L 38, 10.2.2018, p. 11 20 OJ No. L 119, 15.5.2018, p. 35 21 OJ No. L 152, 15.6.2018, p. 1 22 OJ No. L 194, 31.7.2018, p. 30 23 OJ No. L 235, 19.9.2018, p. 1 24 OJ No. L 240, 25.9.2018, p. 4 25 OJ No. L 304, 29.11.2018, p. 1 26 OJ No. L 322, 18.12.2018, p. 12 27 OJ No. L 182, 8.7.2019, p. 33 28 OJ No. L 204, 2.8.2019, p. 1 29 OJ No. L 71, 6.3.2020, p. 5 30 OJ No. L 247, 31.7.2020, p. 14 31 OJ No. L 305I, 21.9.2020, p. 1 32 OJ No. L 320, 2.10.2020, p. 1 33 OJ No. L 341, 15.10.2020, p. 7 34 OJ No. L 108, 29.3.2021, p.8 35 OJ No. L 141, 26.4.2021, p.1 36 OJ No. L 222, 22.6.2021, p.1 37 OJ No. L 272, 30.7.2021, p.1 |
