S.I. No. 417/2014 - European Union (Restrictive Measures Against Iran) Regulations 2014.

1. These Regulations may be cited as the European Union (Restrictive Measures Against Iran) Regulations 2014.

2. (1) In these Regulations “Council Regulation” means Council Regulation (EU) No. 267/2012 of 23 March 2012 as amended by Council Implementing Regulation (EU) No. 350/2012 of 23 April 2012, Council Regulation (EU) No. 708/2012 of 2 August 2012, Council Implementing Regulation (EU) No. 709/2012 of 2 August 2012, Council Implementing Regulation (EU) No. 945/2012 of 15 October 2012, Council Implementing Regulation (EU) No. 1016/2012 of 6 November 2012, Council Regulation (EU) No. 1067/2012 of 14 November 2012, Council Regulation (EU) No. 1263/2012 of 21 December 2012, Council Implementing Regulation (EU) No. 1264/2012 of 21 December 2012, Council Implementing Regulation (EU) No. 522/2013 of 6 June 2013, Council Regulation (EU) No. 971/2013 of 10 October 2013, Council Implementing Regulation (EU) No. 1154/2013 of 15 November 2013, Council Implementing Regulation (EU) No. 1203/2013 of 26 November 2013, Council Implementing Regulation (EU) No. 1361/2013 of 17 December 2013, Council Regulation (EU) 42/2014 of 20 January 2014 and Council Implementing Regulation (EU) No. 397/2014 of 16 April 2014.

(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 mentioned in the Schedule commits an offence.

4. Where the Council Regulation allows an exception, exemption or derogation from a provision mentioned 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.

10. The European Union (Restrictive Measures Against Iran) Regulations 2013 (

S.I. No. 449 of 2013

) are revoked.

Schedule

Regulation 3

Acting contrary to the prohibitions set out in

Article 2(1)

Article 4

Article 5(1)

Article 8(1)

Article 9

Article 10a(1)

Article 10b(1)

Article 10d(1)

Article 10e(1)

Article 11(1)

Article 14a(1)

Article 15(1)

Article 15a(1)

Article 15b(1)

Article 16

Article 17(1) and (4)

Article 22

Article 23(2) and (4)

Article 30(1)

Article 33

Article 34

Article 35(1)

Article 37(1) and (2)

Article 37a(1)

Article 41

Carrying out the acts specified in the follow articles without obtaining the specified prior authorisation

Article 3(1)

Article 5(2)

Article 18(1)

Article 43a

Carrying out the acts specified in the follow articles without notifying the competent authority

Article 10(1)

Article 12(1)

Article 14(1)

Article 30(3)

Article 30a

Article 31(1)

Not freezing the funds and economic resources as set out in

Article 23(1) and (2)

Making available funds contrary to

Article 23(3)

Failing to prevent infringements of the provisions of the Regulation as set out in

Article 30(6)

Failing to make a declaration, or making an inaccurate declaration as set out in

Article 36

Failing to supply information or cooperate with the competent authority as set out in

Article 40(1)

GIVEN under my Official Seal,

8 September 2014.

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. 267/2012 as amended, which relate to restrictive measures against Iran. The restrictive measures include export and import restrictions, restriction on financing of certain enterprises, freezing of funds and economic resources, restrictions on transfers of funds and on financial services and restrictions on transport. These Regulations revoke the European Union (Restrictive Measures Against Iran) Regulations 2013 (

S.I. No. 449 of 2013

).

1 OJ No. L 88, 24.3.2012, p. 1.

2 OJ No. L 110, 24.4.2012, p. 17.

3 OJ No. L 208, 3.8.2012, p.1.

4 OJ No. L 208, 3.8.2012, p.2.

5 OJ No. L 282, 16.10.2012, p.16.

6 OJ No. L 307, 7.11.2012, p.5.

7 OJ No. L 318, 15.11.2012, p.1.

8 OJ No. L 356, 22.12.2012, p.34.

9 OJ No. L 356, 22.12.2012, p.55.

10 OJ No. L 156, 8.6.2013, p.3.

11 OJ No. L 272, 12.10.2013, p.1.

12 OJ No. L 306, 16.11.2013, p.3.

13 OJ No. L 316, 27.11.2013, p.1.

14 OJ No. L 343, 19.12.2013, p.7.

15 OJ No. L 15, 20.1.2014, p.18.

16 OJ No. L 119, 23.4.2014, p. 1.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

26

th September

, 2014.

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. 267/2012 of 23 March 2012

1

as amended by Council Implementing Regulation 350/2012 of 23 April 2012

2

, Council Regulation (EU) No. 708/2012 of 2 August 2012

3

, Council Implementing Regulation (EU) No. 709/2012 of 2 August 2012

4

, Council Implementing Regulation (EU) No. 945/2012 of 15 October 2012

5

, Council Implementing Regulation (EU) No. 1016/2012 of 6 November 2012

6

, Council Regulation (EU) No. 1067/2012 of 14 November 2012

7

, Council Regulation (EU) No. 1263/2012 of 21 December 2012

8

, Council Implementing Regulation (EU) No. 1264/2012 of 21 December 2012

9

, Council Implementing Regulation (EU) No. 522/2013 of 6 June 2013

10

, Council Regulation (EU) No. 971/2013 of 10 October 2013

11

, Council Implementing Regulation (EU) No. 1154/2013 of 15 November 2013

12

, Council Implementing Regulation (EU) No. 1203/2013 of 26 November 2013

13

, Council Implementing Regulation (EU) No. 1361/2013 of 17 December 2013

14

, Council Regulation (EU) 42/2014 of 20 January 2014

15

and Council Implementing Regulation (EU) No. 397/2014 of 16 April 2014

16

hereby make the following regulations