S.I. No. 64/2020 - European Union (Restrictive Measures concerning Venezuela) Regulations 2020

1. Council Implementing Regulation (EU) No 2018/88 of 22 January 2018

2

2. Council Implementing Regulation (EU) No 2018/899 of 25 June 2018

3

3. Council Implementing Regulation (EU) No 2018/1653 of 6 November 2018

4

4. Council Implementing Regulation (EU) No 2019/1169 of 8 July 2019

5

5. Council Implementing Regulation (EU) No 2019/1586 of 26 September 2019

6

6. Council Regulation (EU) No 2019/1889 of 11 November 2019

7

7. Council Implementing Regulation (EU) No 2019/1891 of 11 November 2019

8

Schedule 2

Contravention of Provision of Council Regulation

Article 2(1)

Article 3

Article 6(1)

Article 7(1)

Article 8(1) or (2)

Article 12(1)

Article 14

GIVEN under my Official Seal,

05 March, 2020.

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) 2017/2063, regarding restrictive measures concerning Venezuela.

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 L295, 14.11.2017, p.21

1 OJ L295, 14.11.2017, p.21

2 OJ L 16 I, 22.1.2018, p.6

3 OJ L 160 I, 25.6.2018, p.5

4 OJ L 276, 7.11.2018, p.1

5 OJ L 183, 9.7.2019, p.1

6 OJ L 248, 27.9.2019, p.1

7 OJ L 291, 12.11.2019, p.1

8 OJ L 291, 12.11.2019, p.13

8. 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.

9. (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.

10. The European Union (Restrictive Measures concerning Venezuela) (No. 2) Regulations 2019 (

S.I. No. 499 of 2019

) are revoked.

Schedule 1

Council Regulation

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

13

th March,

2019.

I, HEATHER HUMPHREYS, 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) 2017/2063 of 13 November 2017

1

as amended, hereby make the following regulations