Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 25th May, 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. 588/2011 of 20 June 2011¹ amending Council Regulation (EC) No. 765/2006 of 18 May 2006, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures) (Belarus) Regulations 2012.

2. (1) In these Regulations "Council Regulation" means Council Regulation (EC) No. 765/2006 of 18 May 2006² as amended by Commission Regulation (EC) No. 1587/2006 of 23 October 2006³ , Council Regulation (EC) No. 646/2008 of 8 July 2008⁴ , Council Implementing Regulation (EU) No. 84/2011 of 31 January 2011⁵ , Council Implementing Regulation (EU) No. 271/2011 of 21 March 2011⁶ , Council Implementing Regulation (EU) No. 505/2011 of 23 May 2011⁷ , Council Regulation (EU) No. 588/2011 of 20 June 2011, Council Regulation (EU) No. 999/2011 of 10 October 2011⁸ , Council Implementing Regulation (EU) No. 1000/2011 of 10 October 2011⁹ , Council Implementing Regulation (EU) No. 1320/2011 of 16 December 2011¹⁰ , Council Regulation (EU) No. 114/2012 of 10 February 2012¹¹ , Council Implementing Regulation (EU) No. 170/2012 of 28 February 2012¹² and Council Implementing Regulation (EU) No. 265/2012 of 23 March 2012¹³ .

(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, other than in accordance with an authorisation under paragraph 3 of Article 1a (inserted by Article 1(3) of Council Regulation (EU) No. 588/2011 of 20 June 2011) of the Council Regulation, commits any act that is prohibited by paragraph 1 of the said Article 1a shall be guilty of an offence.

4. A person who, other than in accordance with an approval under paragraph 2 of Article 1b (inserted by Article 1(3) of Council Regulation (EU) No. 588/2011 of 20 June 2011) of the Council Regulation, commits any act that is prohibited by paragraph 1 of the said Article 1b shall be guilty of an offence.

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 any person, being a director, manager, secretary or other officer of the body corporate, or any other person who was purporting to act in any such capacity, that person, as well as the body corporate, is 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.

6. A person who is 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.

7. 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,

8 May 2012.

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 these Regulations is to provide for penalties for infringements of the provisions of Regulation (EC) No.765/2006 concerning restrictive measures against President Lukashenko and certain officials of Belarus, as amended by Council Regulation (EU) No. 588/2011. Council Regulation (EU) No.588/2011 imposes an arms embargo arms and a ban on equipment which might be used for internal repression.

1 OJ No. L 161, 21.6.2011, p.1.

2 OJ No. L 134, 20.5.2006, p.1.

3 OJ No. L.294, 25.10.2006, p.25.

4 OJ No. L.180, 09.07.2008, p.5.

5 OJ No. L.28, 02.02.2011, p.17.

6 OJ No. L.76, 22.03.2011, p.13.

7 OJ No. L.136, 24.05.2011, p.48.

8 OJ No. L.265, 11.10.2011, p.6.

9 OJ No. L.265, 11.10.2011, p.8.

10 OJ No. L.335, 17.12.2011, p.15.

11 OJ No. L.38, 11.02.2012, p.3.

12 OJ No. L.55, 29.02.2012, p.1.

13 OJ No. L.87, 24.03.2012, p.37.