Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th March, 2018.

I, PASCHAL DONOHOE, 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. 1210/2003 of 7 July 2003¹ , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Iraq) Regulations 2018.

2. (1) In these Regulations—

“Council Regulation” means Council Regulation (EC) No. 1210/2003 of 7 July 2003¹ as amended by the European acts specified in Schedule 1;

“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 Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation.

3. (1) A person who contravenes a provision of the Council Regulation specified in Part 1 of the Schedule 2 shall be guilty of an offence.

(2) A person who contravenes a condition of an authorisation granted under a provision of the Council Regulation specified in Part 2 of the Schedule 2 shall be guilty of an offence.

4. 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.

5. 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.

6. A person who fails to comply with a direction given under Regulation 5 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.

7. 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.

8. (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 Trade 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 Equality 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.

9. The European Union (Restrictive Measures concerning Iraq) (No.3) Regulations 2017 ( S.I. No. 169 of 2017 ) are revoked.

Schedule 1Council Regulation

1. Council Regulation (EC) No. 1799/2003 of 13 October 2003²

2 OJ No. L 264, 15.10.2003, p. 12

2. Commission Regulation (EC) No. 2119/2003 of 2 December 2003³

3 OJ No. L 318, 3.12.2003, p. 9

3. Commission Regulation (EC) No. 2204/2003 of 17 December 2003⁴

4 OJ No. L 330, 18.12.2003, p. 7

4. Commission Regulation (EC) No. 924/2004 of 29 April 2004⁵

5 OJ No. L 163, 30.4.2004, p. 100

5. Commission Regulation (EC) No. 979/2004 of 14 May 2004⁶

6 OJ No. L 180, 15.5.2004, p. 9

6. Commission Regulation (EC) No. 1086/2004 of 9 June 2004⁷

7 OJ No. L 207, 10.6.2004, p. 10

7. Council Regulation (EC) No. 1412/2004 of 3 August 2004⁸

8 OJ No. L 257, 4.8.2004, p. 1

8. Commission Regulation (EC) No. 1566/2004 of 31 August 2004⁹

9 OJ No. L 285, 4.9.2004, p. 6

9. Commission Regulation (EC) No. 1087/2005 of 8 July 2005¹⁰

10 OJ No. L 177, 9.7.2005, p. 32

10. Commission Regulation (EC) No. 1286/2005 of 3 August 2005¹¹

11 OJ No. L 203, 4.8.2005, p. 17

11. Commission Regulation (EC) No. 1450/2005 of 5 September 2005¹²

12 OJ No. L 230, 7.9.2005, p. 7

12. Commission Regulation (EC) No. 785/2006 of 23 May 2006¹³

13 OJ No. L 138, 25.5.2006, p. 7

13. Council Regulation (EC) No. 1791/2006 of 20 November 2006¹⁴

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

14. Council Regulation (EC) No. 195/2008 of 3 March 2008¹⁵

15 OJ No. L 59, 4.3.2008, p. 1

15. Council Regulation (EC) No. 175/2009 of 5 March 2009¹⁶

16 OJ No. L 62, 6.3.2009, p. 1

16. Council Regulation (EU) No. 168/2010 of 1 March 2010¹⁷

17 OJ No. L 51, 2.3.2010, p. 1

17. Council Regulation (EU) No. 131/2011 of 14 February 2011¹⁸

18 OJ No. L 41, 15.2.2011, p. 1

18. Commission Implementing Regulation (EU) No. 88/2012 of 1 February 2012¹⁹

19 OJ No. L 30, 2.2.2012, p. 11

19. Council Regulation (EU) No. 85/2013 of 31 January 2013²⁰

20 OJ No. L 32, 1.2.2013, p. 1

20. Council Regulation (EU) No. 517/2013 of 13 May 2013²¹

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

21. Council Regulation (EU) No. 791/2014 of 22 July 2014²²

22 OJ No. L 217, 23.7.2014, p. 5

22. Commission Implementing Regulation (EU) 2016/1398 of 19 August 2016²³

23 OJ No. L 227, 20.8.2016, p. 1

23. Commission Implementing Regulation (EU) 2016/1453 of 5 September 2016²⁴

24 OJ No. L 238, 6.9.2016, p. 1

24. Commission Implementing Regulation (EU) 2016/1642 of 12 September 2016²⁵

25 OJ No. L 244, 13.9.2016, p. 9

25. Commission Implementing Regulation (EU) 2016/1695 of 21 September 2016²⁶

26 OJ No. L 256, 22.9.2016, p. 1

26. Commission Implementing Regulation (EU) 2016/2363 of 21 December 2016²⁷

27 OJ No. L 350, 22.12.2016, p. 20

27. Commission Implementing Regulation (EU) 2017/44 of 10 January 2017²⁸

28 OJ No. L 6, 11.1.2017, p. 36

28. Commission Implementing Regulation (EU) 2017/184 of 1 February 2017²⁹

29 OJ No. L 29, 3.2.2017, p. 19

29. Commission Implementing Regulation (EU) 2017/441 of 13 March 2017³⁰

30 OJ No. L 67, 14.3.2017, p. 78

30. Commission Implementing Regulation (EU) 2017/2217 of 1 December 2017³¹

31 OJ No. L 318, 2.12.2017, p. 23

Schedule 2

Part 1Contravention of Provision of Council Regulation

Article 3(1)

Article 4

Article 7(1)

Article 8(1)

Part 2Authorisation under Provision of Council Regulation

Article 5(2)

Article 6(1)

GIVEN under the Official Seal of the Minister for Finance,

27 February 2018.

PASCHAL DONOHOE,

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 (EU) No. 1210/2003 of 7 July 2003, as amended, regarding restrictive measures concerning Iraq.

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 169, 8.7.2003, p. 6

2 OJ No. L 264, 15.10.2003, p. 12

3 OJ No. L 318, 3.12.2003, p. 9

4 OJ No. L 330, 18.12.2003, p. 7

5 OJ No. L 163, 30.4.2004, p. 100

6 OJ No. L 180, 15.5.2004, p. 9

7 OJ No. L 207, 10.6.2004, p. 10

8 OJ No. L 257, 4.8.2004, p. 1

9 OJ No. L 285, 4.9.2004, p. 6

10 OJ No. L 177, 9.7.2005, p. 32

11 OJ No. L 203, 4.8.2005, p. 17

12 OJ No. L 230, 7.9.2005, p. 7

13 OJ No. L 138, 25.5.2006, p. 7

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

15 OJ No. L 59, 4.3.2008, p. 1

16 OJ No. L 62, 6.3.2009, p. 1

17 OJ No. L 51, 2.3.2010, p. 1

18 OJ No. L 41, 15.2.2011, p. 1

19 OJ No. L 30, 2.2.2012, p. 11

20 OJ No. L 32, 1.2.2013, p. 1

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

22 OJ No. L 217, 23.7.2014, p. 5

23 OJ No. L 227, 20.8.2016, p. 1

24 OJ No. L 238, 6.9.2016, p. 1

25 OJ No. L 244, 13.9.2016, p. 9

26 OJ No. L 256, 22.9.2016, p. 1

27 OJ No. L 350, 22.12.2016, p. 20

28 OJ No. L 6, 11.1.2017, p. 36

29 OJ No. L 29, 3.2.2017, p. 19

30 OJ No. L 67, 14.3.2017, p. 78

31 OJ No. L 318, 2.12.2017, p. 23