S.I. No. 45/2024 - European Union (Restrictive Measures Concerning Nicaragua) Regulations 2024

1. Council Implementing Regulation (EU) 2020/606 of 4 May 2020

2

2. Council Implementing Regulation (EU) 2021/1276 of 30 July 2021

3

3. Council Implementing Regulation (EU) 2022/22 of 10 January 2022

4

4. Council Implementing Regulation (EU) 2023/2125 of 9 October 2023

5

5. Council Regulation (EU) 2023/2694 of 27 November 2023

6

Schedule 2

Contravention of Provision of Council Regulation

Article 2(1) or (2)

Article 8

Article 9

GIVEN under my Official Seal,

31 January, 2024.

SIMON COVENEY,

Minister for Enterprise, Trade and Employment.

1 OJ L 262 15.10.19, p.1

1 OJ L 262 15.10.19, p.1

2 OJ L 139, 4.5.2020, p.1

3 OJ L 277I, 2.8.2021, p.12

4 OJ L 5I, 10.1.2022, p.4

5 OJ L, 10.10.2023, p.1

6 OJ L, 28.11.2023, p.7

6. A competent authority in the State, following such consultation as it considers necessary with other competent authorities, for the purposes of the administration and enforcement of the Council Regulation or these Regulations, may give in writing such directions to a person as it sees fit.

7. A person who fails to comply with a direction given under Regulation 6 within the time specified in the direction 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 both.

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 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 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. European Union (Restrictive Measures concerning Nicaragua) (No. 2) Regulations 2022 (

S.I. No. 632 of 2022

) are revoked.

Schedule 1

Council Regulation

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

16

th February,

2024.

I, SIMON COVENEY, 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 Council Regulation (EU) 2019/1716 of 14 October 2019

1

, as amended, hereby make the following regulations