IE
S.I. No. 201/2021 - European Union (Control of Trade in Goods that may be used for Torture) Regulations 2021
Table of Provisions (9)
Statutory Text (9 Articles)
1. Commission Delegated Regulation (EU) 2021/139 of 4 December 2020
2
1 OJ L 30, 31.1.2019, p.1
1 OJ L 30, 31.1.2019, p.1
2 OJ L 43, 8.2.2021, p.5
5. Where the Minister decides to refuse to grant an export authorisation, the Minister shall notify in writing the applicant of the decision, the reasons for the decision, and of the appeal procedure under Regulation 6.
6. Where a person has been notified of a decision of the Minister to refuse to grant an export authorisation, the person may, not later than 28 working days from the date of the decision, appeal to the Minister.
(
a
) An appeal shall be in writing setting out the grounds of the appeal and furnishing such supporting documentation as the applicant may deem necessary. An appeal shall be sent to the Minister by way of prepaid registered post no later than 28 working days from the date of the decision.
(
b
) An appeal of a decision to refuse to grant an export authorisation shall be considered by an appeals officer acting under the authority of the Minister.
7. Where an appeal of a decision to refuse to grant an export is made within the prescribed period, the decision remains in effect until the date of determination of the appeal.
8. Upon the date of determination of the appeal under Regulation 6 in relation to a decision to refuse to grant an export authorisation, the appeals officer appointed by the Minister shall either confirm the decision or allow the appeal.
9. If the appeal is allowed in relation to a decision to refuse to grant an export authorisation, the Minister shall grant an export authorisation, the term of which shall be extended by the time from the receipt of the appeal to the date of determination of the appeal.
10. Where the Minister receives an appeal after the prescribed period, the Minister shall, by notice in writing, inform the applicant that his or her appeal has been received after the prescribed period has expired and that the appeal is rejected on that basis.
11.
(1) A person who-
(
a
) exports or supplies technical assistance in relation to goods to which the EU Regulation applies contrary to Article 3 of the EU Regulation,
(
b
) imports or accepts technical assistance in relation to goods to which the EU Regulation applies contrary to Article 4 of the EU Regulation,
(
c
) exports goods to which the EU Regulation applies-
(i) without an authorisation, or
(ii) otherwise than in compliance with a condition to which the authorisation is subject imposed by the Minister,
(
d
) otherwise contravenes a provision of the EU Regulation, or
(
e
) for the purpose of obtaining an authorisation for himself or herself or for any other person makes to the competent authority or to any person concerned a statement or representation which is, to his or her knowledge false or misleading
is guilty of an offence.
(2) A person who—
(
a
) obstructs or impedes an authorised officer in the exercise of his or her powers under Regulation 4,
(
b
) Without reasonable excuse, fails to comply with any requirement made by an authorised officer under Regulation 4 or in purported compliance with such a requirement gives the authorised officer information which is false or misleading in a material respect is guilty of an offence.
is guilty of an offence.
(3) A person guilty of an offence under this Regulation shall be liable –
(
a
) On summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or both, or
(
b
) On conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or both.
(4) (
a
) Where-
(i) an offence under this Regulation is committed by a body corporate and,
(ii) is proved to have been so committed with the consent or connivance of, or to be attributable to any neglect on the part of, a person who was either-
(I) a director, manager, secretary to other officer of the body corporate, or
(II) a person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of an offence and liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.
(
b
) Where the affairs of a body corporate are managed by its members paragraph (a) shall apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if he or she were a director or manager of the body corporate.
12. European Communities (Control of Trade in Goods That May Be Used for Torture) Regulations 2019 (
S.I. No. 455 of 2019
) are revoked.
GIVEN under my Official Seal,
27 April, 2021.
LEO VARADKAR,
Minister for Enterprise, Trade and Employment.
Schedule 1
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
30
th April,
2021.
I, LEO VARADKAR, Minister for Enterprise, Trade and Employment, 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 Regulation (EU) 2019/125 of the European Parliament and of the Council
1
, hereby make the following regulations