S.I. No. 40/2018 - European Union (Restrictive Measures concerning the Democratic People's Republic of Korea) Regulations 2018

1. Council Regulation (EU) 2017/1548 of 14 September 2017

2

2. Council Implementing Regulation (EU) 2017/1568 of 15 September 2017

3

3. Council Regulation (EU) 2017/1836 of 10 October 2017

4

4. Council Regulation (EU) 2017/1858 of 16 October 2017

5

5. Council Implementing Regulation (EU) 2017/1859 of 16 October 2017

6

6. Council Implementing Regulation (EU) 2017/1897 of 18 October 2017

7

7. Council Regulation (EU) 2017/2062 of 13 November 2017

8

Schedule 2

Part 1

Contravention of Provision of Council Regulation

Article 3(1)

Article 5(1) or (2)

Article 7(1)

Article 9(1)

Article 10(1)

Article 11

Article 12

Article 13

Article 15

Article 16a

Article 16b

Article 16c

Article 16d

Article 16f

Article 16h

Article 17(1) or (2)

Article 18(1)

Article 20(1)

Article 21(1) or (2)

Article 23(1)

Article 24

Article 26

Article 28(1) or (2)

Article 30

Article 31

Article 32

Article 34(1) or (3)

Article 38(4)

Article 41(1)

Article 43

Article 44a

Article 50(1)

Article 52

Part 2

Authorisation under Provision of Council Regulation

Article 4(1) or (2)

Article 6(1)

Article 8(1) or (2)

Article 10(4)

Article 14

Article 16

Article 16e(1)

Article 16g(1)

Article 16i(1) or (2)

Article 17a(1) or (2)

Article 17b

Article 19(1) or (2)

Article 22(1) or (4)

Article 25(1)

Article 27(1)

Article 29(1) or (2)

Article 33(1)

Article 35(1) or (2)

Article 36(1) or (2)

Article 40(1), (2) or (3)

Article 42

Article 44(1), (2) or (3)

Article 45

GIVEN under my Official Seal,

15 February 2018.

HEATHER HUMPHREYS,

Minister for Business, 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) 2017/1509 as amended, regarding restrictive measures concerning Democratic People’s Republic of Korea.

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 L 224, 31.8.2017, p.1

2 OJ L 237, 15.9.2017, p.39

3 OJ L 238, 16.9.2017, p.10

4 OJ L 261, 11.10.2017, p.1

5 OJ L 265 I, 16.10.2017, p.1

6 OJ L 265 I, 16.10.2017, p.5

7 OJ L 269, 19.10.2017, p.1

8 OJ L 295, 14.11.2017, p.4

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 the Democratic People’s Republic of Korea) (No. 3) Regulations 2017 (

S.I. No. 518 of 2017

) are revoked.

Schedule 1

Council Regulation

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd February

, 2018.

I, HEATHER HUMPREYS, Minister for Business, 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) 2017/1509 of 30 August 2017

1

, as amended, hereby make the following regulations