S.I. No. 72/2020 - European Union (Restrictive Measures concerning the Republic of Guinea) Regulations 2020

1. Commission Regulation (EU) No 279/2010 of 31 March 2010

2

2. Council Regulation (EU) No 269/2011 of 21 March 2011

3

3. Council Regulation (EU) No 1295/2011 of 13 December 2011

4

4. Council Regulation (EU) No 49/2013 of 22 January 2013

5

5. Council Regulation (EU) No 517/2013 of 13 May 2013

6

6. Council Regulation (EU) No 380/2014 of 14 April 2014

7

7. Council Implementing Regulation (EU) 2018/1604 of 25 October 2018

8

8. Council Regulation (EU) 2019/1778 of 24 October 2019

9

Schedule 2

Provision of Council Regulation

Regulation 3

Article 6(1), (2) or (4)

Article 12(1)

GIVEN under my Official Seal,

5 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) No 1284/2009 as amended, regarding restrictive measures concerning the Republic of Guinea.

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 346, 23.12.2009, p.26

1 OJ L 346, 23.12.2009, p.26

2 OJ L 86, 1.4.2010, p.20

3 OJ L 76, 22.3.2011, p.1

4 OJ L 330, 14.12.2011, p.1

5 OJ L 20, 23.1.2013, p.25

6 OJ L 158, 10.6.2013, p.1

7 OJ L 111, 15.4.2014, p.29

8 OJ L 268. 26.10.18 p.16

9 OJ L 272, 25.10.19, p.3

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 the Republic of Guinea) Regulations 2019 (

S.I. No. 61 of 2019

) are revoked.

Schedule 1

Council Regulation

Regulation 2

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

13

th March,

2020.

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) No 1284/2009 of 22 December 2009

1

, as amended, hereby make the following regulations