Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th July, 2015.

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 (EC) No. 174/2005 of 31 January 2005¹ as amended and Council Regulation (EC) No. 560/2005 of 12 April 2005² as amended hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Cte d’Ivoire) (No. 2) Regulations 2015.

2. (1) In these Regulations-

“Council Regulation (EC) No. 174/2005” means Council Regulation (EC) No. 174/2005 of 31 January 20051 as amended by the European acts specified in Part 1 of Schedule 1;

“Council Regulation (EC) No 560/2005” means Council Regulation (EC) No. 560/2005 of 12 April 20052 as amended by the European acts specified in Part 2 of Schedule 1;

“Council Regulations” means Council Regulation (EC) No. 174/2005 and Council Regulation (EC) No. 560/2005;

“European act” means an act adopted by an institution of the European Union or an institution of the European Communities.

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

3. A person who contravenes a provision of the Council Regulations specified in Schedule 2 commits an offence.

4. Notwithstanding Regulation 3, a person who has received an authorisation under Article 4a (1) or (2) or 4b(1) of Council Regulation (EC) No. 174/2005 or under Article 3, 3a, 3b, 4or 9a(a) of Council Regulation (EC) No. 560/2005 may, subject to compliance with the terms and conditions of such authorisation, do such of the things as are so authorised.

5. (1) A person who is 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 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.

6. Any competent authority, following such consultation as it considers necessary with the other competent authorities, for the purposes of the administration and enforcement of the Council Regulations 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 to 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. The European Union (Restrictive Measures concerning Cte d’Ivoire) Regulations 2015 ( S.I. No. 73 of 2015 ) are revoked.

Schedule 1

Regulation 2

Part 1

Council Regulation (EC) No. 174/2005

1. Commission Regulation (EC) No. 1209/2005 of 27 July 2005³

2. Council Regulation (EC) No. 1791/2006 of 20 November 2006⁴

3. Council Regulation (EU) No. 1032/2010 of 15 November 2010⁵

4. Council Regulation (EU) No. 668 /2011 of 12 July 2011⁶

5. Council Regulation (EU) No. 617/2012 of 10 July 2012⁷

6. Council Regulation (EU) No. 517/2013 of 13 May 2013⁸

7. Council Regulation (EU) No. 2015/192 of 9 February 2015⁹

Part 2

Council Regulation (EC) No. 560/2005

1. Commission Regulation (EC) No. 250/2006 of 13 February 2006¹⁰

2. Commission Regulation (EC) No. 869/2006 of 14 June 2006¹¹

3. Council Regulation (EC) No. 1791/2006 of 20 November 20064

4. Commission Regulation (EC) No. 1240/2008 of 10 December 2008¹²

5. Council Regulation (EU) No. 25/2011 of 14 January 2011¹³

6. Council Implementing Regulation (EU) No. 85/2011 of 31 January 2011¹⁴

7. Council Regulation (EU) No. 330/2011 of 6 April 2011¹⁵

8. Council Implementing Regulation (EU) No. 348/2011 of 8 April 2011¹⁶

9. Council Implementing Regulation (EU) No. 419/2011 of 29 April 2011¹⁷

10. Council Implementing Regulation (EU) No. 623/2011 of 27 June 2011¹⁸

11. Council Implementing Regulation (EU) No. 949/2011 of 22 September 2011¹⁹

12. Council Implementing Regulation (EU) No. 113/2012 of 10 February 2012²⁰

13. Council Implementing Regulation (EU) No. 193/2012 of 8 March 2012²¹

14. Council Regulation (EU) No. 517/2013 of 13 May 20138

15. Council Implementing Regulation (EU) No. 479/2014 of 12 May 2014²²

16. Council Implementing Regulation (EU) No. 2015/109 of 26 January 2015²³

17. Council Implementing Regulation (EU) No. 2015/615 of 20 April 2015²⁴

Schedule 2

Regulation 3

Part 1

Provision of Council Regulation(EC) No. 174/2005

Article 3

Part 2

Provision of Council Regulation (EC) No. 560/2005

Article 2(1), (2) or (3)

Article 8(1)

Article 9a

GIVEN under my Official Seal,

17 July 2015.

MICHAEL NOONAN,

Minister for Finance.

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 (EC) No. 174/2005 as amended and Council Regulation (EC) No. 560/2005 as amended, regarding restrictive measures concerning Cte d’Ivoire.

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 No. L. 29, 2.2.2005, p. 5

2 OJ No. L. 95, 14.4.2005, p. 1

3 OJ No. L. 197, 28.7.2005, p. 21

4 OJ No. L. 363, 20.12.2006, p. 1

5 OJ No. L. 298, 16.11.2010, p. 1

6 OJ No. L. 183, 13.7.2011, p. 2

7 OJ No. L. 179, 11.7.2012, p. 1

8 OJ No. L. 158, 10.6.2013, p. 1

9 OJ No. L. 33, 10.2.2015, p. 1

10 OJ No. L. 42, 14.2.2006, p. 24

11 OJ No. L. 163, 15.6.2006, p. 8

12 OJ No. L. 334, 12.12.2008, p. 60

13 OJ No. L. 11, 15.1.2011, p. 1

14 OJ No. L. 28, 2.2.2011, p. 32

15 OJ No. L. 93, 7.4.2011, p. 10

16 OJ No. L. 97, 12.4.2011, p. 1

17 OJ No. L. 111, 30.4.2011, p. 1

18 OJ No. L. 168, 28.6.2011, p. 2

19 OJ No. L. 247, 24.9.2011, p. 1

20 OJ No. L. 38, 11.2.2012, p. 1

21 OJ No. L. 71, 9.3.2012, p. 5

22 OJ No. L. 138, 13.5.2014, p. 3

23 OJ No. L. 20, 27.1.2015, p. 4

24 OJ No. L. 102, 21.4.2015, p. 29