Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 6th January, 2012.

I, RICHARD BRUTON, Minister for Jobs, Enterprise and Innovation, 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 (EU) No.753/2011 of 1 August 2011¹ , hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures) (Afghanistan) Regulations 2011.

2. (1) In these Regulations "Council Regulation" means Council Regulation (EU) No. 753/2011 of 1 August 2011¹ concerning restrictive measures directed against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan as amended by Council Implementing Regulation (EU) No. 968/2011 of 29 September 2011² .

(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. A person who contravenes Article 2(a) or Article 2(b) of the Council Regulation commits an offence.

4. 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.

5. A person guilty of an offence under these Regulations is 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. Summary proceedings for an offence under these Regulations may be brought and prosecuted by the Minister for Jobs, Enterprise and Innovation.

GIVEN under my Official Seal,

5 December 2011.

RICHARD BRUTON,

Minister for Jobs, Enterprise and Innovation.

EXPLANATORY NOTE

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

The effect of this Regulation is to amend the Statutory Instrument that provided for penalties for infringements of Council Regulation (EC) No. No. 753 of 2011 concerning certain restrictive measures against certain individuals, groups, undertakings and entities in view of the situation in Afghanistan.

1 OJ L199, 2.08.2011, p.1.

2 OJ L 257, 1.10.2011, p.1.