S.I. No. 412/2011 - European Union (Restrictive Measures) (Libya) (Amendment) Regulations 2011.

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S.I. No. 412/2011 - European Union (Restrictive Measures) (Libya) (Amendment) Regulations 2011.

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Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 9th August, 2011.
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 effect to Council Regulation (EU) No. 296/2011 of 25 March 20111 , hereby make the following regulations:
1. These Regulations may be cited as the European Union (Restrictive Measures) (Libya) (Amendment) Regulations 2011.
2. The European Union (Restrictive Measures) (Libya) Regulations 2011 ( S.I. No. 117 of 2011 ) are amended by—
(a) the substitution of the following paragraph for paragraph (1) of Regulation 2:
“(1) In these Regulations ‘Council Regulation’ means Council Regulation (EU) No. 204/2011 of 2 March 20112 , as amended by Council Regulation (EU) No. 296/2011 of 25 March 20111.”, and
(b) the substitution of the following Regulation for Regulation 4:
“4.(1) Subject to paragraph (2) and Article 3(2) and 3(5), a person who contravenes—
(a) Article 3(1)(a),
(b) Article 3(1)(b),
(c) Article 3(1)(d), or
(d) Article 3(1)(e) in so far as it relates to Article 3(1)(a), Article 3(1)(b) or Article 3(1)(d)
commits an offence.
(2) Notwithstanding paragraph (1), a person who has received an authorisation referred to in Article 3(3) or 3(4) may, subject to compliance with the terms and conditions of such authorisation, do such of the things referred to in—
(a) Article 3(1)(a),
(b) Article 3(1)(b),
(c) Article 3(1)(d), or
(d) Article 3(1)(e) in so far as it relates to Article 3(1)(a), Article 3(1)(b) or Article 3(1)(d),
as are so authorised.”.
GIVEN under my Official Seal,
3 August 2011.
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 this Regulation is to amend the Statutory Instrument that provided for penalties for infringements of Council Regulation (EU) No. 204/2011 of 2 March 2011 concerning certain restrictive measures in view of the situation in Libya. The Regulation prohibits the sale, transfer, export and import of equipment which might be used for internal repression, and prohibits the provision of technical assistance or brokering services related to equipment which might be used for internal repression. The amendments, which give effect to Council Regulation (EU) No. 296/2011 of 25 March 2011 provide for restrictive measures on the provision of technical assistance and brokering services related to the provision of armed mercenary personnel in Libya.
1 OJ L 80, 26.3.2011, p.2.

2 OJ L 58, 3.3.2011, p.1.

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