S.I. No. 537/2011 - European Union (Syria) (Financial Sanctions) (No. 3) Regulations 2011.
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th October, 2011.
I, MICHAEL NOONAN, 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) No. 442/2011 of 9 May 20111 , hereby make the following regulations:
1. These Regulations may be cited as the European Union (Syria) (Financial Sanctions) (No. 3) Regulations 2011.
2. (1) In these Regulations “Council Regulation” means Council Regulation (EU) No. 442/2011 of 9 May 20111, as amended by the following:
(a) Council Implementing Regulation (EU) No. 504/2011 of 23 May 2011;
(b) Council Implementing Regulation (EU) No. 611/2011 of 23 June 2011;
(c) Council Implementing Regulation (EU) No. 755/2011 of 1 August 2011;
(d) Council Implementing Regulation (EU) No. 843/2011 of 23 August 2011;
(e) Council Regulation (EU) No. 878/2011 of 2 September 2011;
(f) Council Regulation (EU) No. 950/2011 of 23 September 2011;
(g) Council Regulation (EU) No. 1011/2011 of 13 October 2011.
(2) A word or expression which is used in these Regulations has, unless the context otherwise requires, the same meaning that it has in the Council Regulation.
3. Subject to Regulation 4, a person who contravenes a provision of the Council Regulation regarding any of the following shall be guilty of an offence under these Regulations:
(a) the provision of funds, financing or financial assistance;
(b) the freezing of funds or economic resources;
(c) the making available of funds or economic resources;
(d) the supply of information to or cooperation with the competent authorities.
4. A person who has received an approval under Article 3 or an authorisation under Article 6, 7, 9 or 9a of the Council Regulation may, subject to compliance with the terms and conditions of such approval or authorisation, do such activities as are so approved or authorised.
5. The Central Bank of Ireland 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.
6. A person who fails to comply with a direction given or an instruction issued under Regulation 5 shall be guilty of an offence under these Regulations.
7. A person who is guilty of an offence under these Regulations 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.
8. 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 have been attributable to the 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 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.
9. The European Union (Syria) (Financial Sanctions) (No. 2) Regulations 2011 ( S.I. No. 372 of 2011 ) are revoked.
GIVEN under my Official Seal,
25 October 2011.
Minister for Finance.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for enforcement of European Union financial sanctions contained in Council Regulation (EU) No. 442/2011 of 9 May 2011, as amended, concerning restrictive measures against Syria. The sanctions include a prohibition on financial assistance related to the provision of military equipment or equipment which could be used for internal repression in Syria. The Council Regulation also provides for the freezing of funds and economic resources of persons and entities listed in Annex II, as amended.
These Regulations provide that the Central Bank of Ireland may issue instructions for the purpose of giving full effect to the financial sanctions.
1 OJ No. L.121, 10.05.11, p.1.