Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 3rd January, 2014.

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. 377/2012 of 3 May 2012¹ as last amended by Council Implementing Regulation (EU) No. 559/2013 of 18 June 2013² , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures Concerning the Republic of Guinea-Bissau) Regulations 2013.

2. (1) In these Regulations "Council Regulation" means Council Regulation (EU) No. 377/2012 of 3 May 2012¹ as amended by-

(a) Council Implementing Regulation (EU) No. 458/2012 of 31 May 2012³ and

(b) Council Implementing Regulation (EU) No. 559/2013 of 18 June 20132.

(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 8(1) of the Council Regulation shall be guilty of an offence.

4. Notwithstanding Regulation 3, a person who has been granted or is deemed to have been granted an authorisation under Article 4 or 5 of the Council Regulation may, subject to compliance with the terms and conditions of such authorisation, do such of the things as are so authorised.

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

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

(b) on conviction on indictment, to a fine not exceeding €500,000 or imprisonment for a term not exceeding 3 years or 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 imprisonment for a term not exceeding 6 months or both.

8. Where a body corporate is guilty of an offence under these Regulations and the offence is proved to have been committed with the consent or connivance 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 any such capacity, that person shall, as well as the body corporate, be guilty of an offence and is 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 the Republic of Guinea-Bissau) Regulations 2012 ( S.I. No. 351 of 2012 ) are revoked.

GIVEN under my Official Seal,

18 December 2013.

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 enforcement of European Union financial sanctions contained in Council Regulation (EU) No. 377/2012 of 3 May 2012 as amended, concerning restrictive measures directed against certain persons, entities and bodies threatening the peace, security or stability of the Republic of Guinea-Bissau, which provides for the freezing of funds and economic resources of certain persons, entities and bodies as listed in Annex 1 to the Council Regulation.

1 OJ No. L 119, 4.5.12, p. 1

2 OJ No. L 167, 19.06.13, p. 1

3 OJ No. L 142, 1.6.12, p. 11