S.I. No. 370/1997:

EUROPEAN COMMUNITIES (TRADE WITH IRAQ) REGULATIONS, 1997

EUROPEAN COMMUNITIES (TRADE WITH IRAQ) REGULATIONS, 1997

I, Mary Harney, 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 purposes of giving full effect to Council Regulation (EC) No. 2465/96¹ of 17 December, 1996, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Trade with Iraq) Regulations, 1997.

2. The "Council Regulation" means Council Regulation (EC) No. 2465/96¹ of 17 December, 1996.

¹OJ No. L 337/1 of 27.12.96

3. A person shall not contravene the Council Regulation.

4. A person who contravenes Regulation 3 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

5. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been 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 any such capacity, that person as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he were guilty of the first-mentioned offence.

6. An offence under these Regulations (other than an offence for contravening Article 1.4 of the Council Regulation) may be prosecuted summarily by the Minister for Enterprise, Trade and Employment, and an offence under these Regulations for contravening Article 1.4 of the Council Regulation may be prosecuted summarily by the Minister for Public Enterprise.

7. The following are hereby revoked:

( a ) the European Communities (Trade with Iraq and Kuwait) Regulations, 1990 ( S.I. No. 215 of 1990 );

( b ) the European Communities (Trade with Iraq and Kuwait) (No. 2) Regulations, 1990 ( S.I. No. 262 of 1990 );

( c ) the European Communities (Trade with Iraq and Kuwait) Regulations, 1991 ( S.I. No. 52 of 1991 ); and

( d ) the European Communities (Trade with Iraq and Kuwait) (No. 2) Regulations, 1991 ( S.I. No. 100 of 1991 ).

GIVEN under my Official Seal, this 3 day of Sept. 1997

Mary Harney

Minister for Enterprise, Trade and Employment

EXPLANATORY NOTE

The effect of this Order is to prohibit trade with Iraq as provided for in Council Regulation (EC) No. 2465/96, and to provide for penalties for infringement of the prohibition.