S.I. No. 473 of 2006

European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2006

I, Micheál Martin, 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 purpose of giving effect to Council Regulation (EC) No. 817/2006 of 29 May 2006¹ , hereby make the following regulations:

1.           These Regulations may be cited as the European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2006.

2.            In these Regulations -�Council Regulation-� means Council Regulation (EC) No. 817/2006 of 29 May 2006² .

3.           Subject to Regulation 4, a person who contravenes Article 2 or 3 of the Council Regulation commits an offence and is liable, on summary conviction, to a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months or both.

4.           (1)   These Regulations do not apply to any matter to which either of the following apply:

(a)      Financial Transfers (Burma/Myanmar) (Prohibition) Order 2006, or

(b)      European Communities (Burma/Myanmar) (Financial Sanctions) Regulations 2006.

(2)   Regulation 3 does not apply in a case where an authorisation has been granted pursuant to Article 4 of the Council Regulation.

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 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 any such capacity, that person, as well as the body corporate, commits an offence and is liable to be proceeded against and punished as if he or she committed the first-mentioned offence.

6.           An offence under these Regulations may be prosecuted by the Minister for Enterprise, Trade and Employment.

7.           European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2004 ( S.I. No. 392 of 2004 ) are revoked.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation).

The effect of this Order is to provide for penalties for infringements of Council Regulation (EC) No. 817/2006 concerning the further renewal of certain restrictive measures which include, a ban on technical assistance and the provision of finance relating to military activities and the sale, supply, transfer or export of equipment that might be used for internal repression in respect of Burma/Myanmar and to repeal European Communities (Restrictive Measures) (Burma/Myanmar) Regulations 2004 ( S.I. No. 392 of 2004 ).

¹ OJ No. L148, 02.06.2006, p. 1

² OJ No. L148, 02.06.2006, p. 1