S.I. No. 93/2017 - European Union (Restrictive Measures concerning Syria) Regulations 2017.

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Notice of the making of this Statutory Instrument was published in


“Iris Oifigiúil” of 28th March, 2017.


I, MARY MITCHELL O’CONNOR, 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 36/2012 of 18 January 20121

, as amended, hereby make the following regulations:


1. These Regulations may be cited as the European Union (Restrictive Measures concerning Syria) Regulations 2017.


2. (1) In these Regulations—


“Council Regulation” means Council Regulation (EU) No 36/2012 of 18 January 20121 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 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 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 Trade 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 Equality 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 Syria) Regulations 2016 (

S.I. No. 476 of 2016

) are revoked.


Schedule 1


Council Regulation


1. Council Implementing Regulation (EU) No 55/2012 of 23 January 20122




2. Council Regulation (EU) No 168/2012 of 27 February 20123




3. Council Implementing Regulation (EU) No 266/2012 of 23 March 20124




4. Council Implementing Regulation (EU) No 410/2012 of 14 May 20125




5. Council Implementing Regulation (EU) No 509/2012 of 15 June 20126




6. Council Implementing Regulation 2012/544/CFSP of 25 June 20127




7. Council Regulation (EU) No 545/2012 of 25 June 20128




8. Council Implementing Regulation (EU) No 673/2012 of 23 July 20129




9. Council Implementing Regulation (EU) No 742/2012 of 16 August 201210




10. Council Regulation (EU) No 867/2012 of 24 September 201211




11. Council Implementing Regulation (EU) No 944/2012 of 15 October 201212




12. Council Implementing Regulation (EU) No 1117/2012 of 29 November 201213




13. Council Regulation (EU) No 325/2013 of 10 April 201314




14. Council Implementing Regulation (EU) No 363/2013 of 22 April 201315




15. Council Regulation (EU) No 517/2013 of 13 May 201316




16. Council Regulation (EU) No 697/2013 of 22 July 201317




17. Council Regulation (EU) No 1332/2013 of 13 December 201318




18. Council Regulation (EU) No 124/2014 of 10 February 201419




19. Council Implementing Regulation (EU) No 578/2014 of 28 May 201420




20. Council Implementing Regulation (EU) No 693/2014 of 23 June 201421




21. Council Implementing Regulation (EU) No 793/2014 of 22 July 201422




22. Council Implementing Regulation (EU) No 1013/2014 of 26 September 201423




23. Council Implementing Regulation (EU) No 1105/2014 of 20 October 201424




24. Council Regulation (EU) No 1323/2014 of 12 December 201425




25. Council Implementing Regulation (EU) 2015/108 of 26 January 201526




26. Council Implementing Regulation (EU) 2015/375 of 6 March 201527




27. Council Implementing Regulation (EU) 2015/780 of 19 May 201528




28. Council Regulation (EU) 2015/827 of 28 May 201529




29. Council Implementing Regulation (EU) 2015/828 of 28 May 201530




30. Council Implementing Regulation (EU) 2015/961 of 22 June 201531




31. Council Regulation (EU) 2015/1828 of 12 October 201532




32. Council Implementing Regulation (EU) 2015/2350 of 16 December 201533




33. Council Implementing Regulation (EU) 2016/840 of 27 May 201634




34. Council Implementing Regulation (EU) 2016/1893 of 27 October 201635




35. Council Implementing Regulation (EU) 2016/1984 of 14 November 201636




36. Council Implementing Regulation (EU) 2016/1996 of 15 November 201637




37. Council Regulation (EU) 2016/2137 of 6 December 201638




Schedule 2


Part 1


Contravention of Provision of Council Regulation


Article 2a(1)


Article 3(1)


Article 3a


Article 4(1)


Article 5(1)


Article 6


Article 7a(1)


Article 8(1)


Article 9


Article 11


Article 11a(1)


Article 11b(1)


Article 11c(1)


Article 12(1)


Article 13


Article 14


Article 24


Article 25


Article 26


Article 26a


Article 27a


Article 29(1)


Part 2


Authorisation under Provision of Council Regulation


Article 2a(2) or (3)


Article 2b(1) or (3)


Article 3(3), (4) or (5)


Article 4(1)


Article 5(1)


Article 6a(2)


Article 7a(3)


Article 9a(1)


Article 13a(1)


Article 16


Article 16a(2) or (3)


Article 17


Article 18(1)


Article 20


Article 20a


Article 21a


Article 21c(1)


Article 25a(1)




GIVEN under my Official Seal,


20 March 2017.


MARY MITCHELL O’CONNOR,


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.)


These Regulations provide for the enforcement of restrictive measures contained in Council Regulation (EU) No 36/2012 as amended, regarding restrictive measures concerning Syria.


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 L16, 19.1.2012, p.1
2 OJ L 19, 24.1.2012, p.6
3 OJ L 54, 28.2.2012, p.1
4 OJ L 87, 24.3.2012, p.45
5 OJ L 126, 15.5.2012, p.3
6 OJ L 156, 16.6.2012, p.10
7 OJ L 165, 26.6.2012, p.20
8 OJ L 165, 26.6.2012, p.23
9 OJ L 196, 24.7.2012, p.8
10 OJ L 219, 17.8.2012, p.1
11 OJ L 257, 25.9.2012, p.1
12 OJ L 282, 16.10.2012, p.9
13 OJ L 330, 30.11.2012, p.9
14 OJ L 102, 11.4.2013, p.1
15 OJ L 111, 23.4.2013, p.1
16 OJ L 158, 10.6.2013, p.1
17 OJ L 198, 23.7.2013, p.28
18 OJ L 335, 14.12.2013, p.3
19 OJ L 40, 11.2.2014, p.8
20 OJ L 160, 29.5.2014, p.11
21 OJ L 183, 24.6.2014, p.15
22 OJ L 217, 23.7.2014, p.10
23 OJ L 283, 27.9.2014, p.9
24 OJ L 301, 21.10.2014, p.7
25 OJ L 358, 13.12.2014, p.1
26 OJ L 20, 27.1.2015, p.2
27 OJ L 64, 7.3.2015, p.10
28 OJ L 124, 20.5.2015, p.1
29 OJ L 132, 29.5.2015, p.1
30 OJ L 132, 29.5.2015, p.3
31 OJ L 157, 23.6.2015, p.20
32 OJ L 266, 13.10.2015, p.1
33 OJ L 331, 17.12.2015, p.1
34 OJ L 141, 28.5.2016, p.30
35 OJ L 293, 28.10.2016, p.25
36 OJ L 305 I, 14.11.2016, p.1
37 OJ L 308, 16.11.2016, p.3
38 OJ L 332, 7.12.2016, p.3

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