Irish Statutory Instruments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 13th September, 2013.

I, MICHAEL NOONAN, Minister for Finance, 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. 401/2013 of 2 May 2013¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures in respect of Myanmar/Burma) Regulations 2013.

2. (1) In these Regulations “Council Regulation” means Council Regulation (EU) No. 401/2013 of 2 May 20131.

(2) A word or expression used in these Regulations that is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation.

3. Subject to Regulation 4, a person who contravenes Article 2 or 3 of the Council Regulation commits an offence.

4. Notwithstanding Regulation 3, a person who has been granted an authorisation under Article 4 of the Council Regulation may, subject to compliance with the terms and conditions of the authorisation, do such of the things as are so authorised.

5. A person guilty of an offence under Regulation 3 shall be liable-

(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or to 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 to both.

6. A competent authority of the State may, for the purposes of the administration and enforcement of the Council Regulation or these Regulations, give such directions or issue such instructions to a person as it sees fit.

7. A person who fails to comply with a direction given or an instruction issued under Regulation 6 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 to both.

8. (1) Where an offence under these Regulations is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mention offence.

(2) Where the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

9. The European Union (Burma/Myanmar) (Financial Sanctions) Regulations 2012 ( S.I. No. 11 of 2012 ) are revoked.

Given under my Official Seal,

9 September 2013.

MICHAEL NOONAN,

Minister for Finance.

1 OJ No. L 121, 3.5.2013, p. 1