Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th October, 2016.

I, MICHAEL NOONAN, 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 (EU) No. 208/2014 of 5 March 2014¹ as amended, Council Regulation (EU) No. 269/2014 of 17 March 2014² as amended, Council Regulation (EU) No. 692/2014 of 23 June 2014³ as amended and Council Regulation (EU) No. 833/2014 of 31 July 2014⁴ as amended hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Ukraine) (No.2) Regulations 2016.

2. (1) In these Regulations—

“Council Regulation (EU) No. 208/2014” means Council Regulation (EU) No. 208/2014 of 5 March 2014⁵ as amended by the European acts specified Part 1 of Schedule 1;

“Council Regulation (EU) No. 269/2014” means Council Regulation (EU) No. 269/2014 of 17 March 2014⁶ as amended by the European acts specified Part 2 of Schedule 1;

“Council Regulation (EU) No. 692/2014” means Council Regulation (EU) No. 692/2014 of 23 June 2014⁷ as amended by the European acts specified Part 3 of Schedule 1;

“Council Regulation (EU) No. 833/2014” means Council Regulation (EU) No. 833/2014 of 31 July 2014⁸ as amended by the European acts specified in Part 4 of 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—

(a) Council Regulation (EU) No. 208/2014 specified in paragraph 1 of Part 1 of Schedule 2

(b) Council Regulation (EU) No. 269/2014 specified in paragraph 2 of Part 1 of Schedule 2

(c) Council Regulation (EU) No. 692/2014 specified in paragraph 3 of Part 1 of Schedule 2

(d) Council Regulation (EU) No. 833/2014 specified in paragraph 4 of Part 1 of Schedule 2

shall be guilty of an offence.

(2) A person who contravenes a condition of an authorisation granted under a provision of—

(a) Council Regulation (EU) No. 208/2014 specified in paragraph 1 of Part 2 of Schedule 2

(b) Council Regulation (EU) No. 269/2014 specified in paragraph 2 of Part 2 of Schedule 2

(c) Council Regulation (EU) No. 692/2014 specified in paragraph 3 of Part 2 of Schedule 2

(d) Council Regulation (EU) No. 833/2014 specified in paragraph 4 of Part 2 of 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 Ukraine) Regulations 2016 ( S.I. No. 322 of 2016 ) are revoked.

Schedule 1

Part 1 Council Regulation (EU) No. 208/2014

1. Commission Implementing Regulation (EU) No. 381/2014 of 14 April 2014⁹

9 OJ No. L 111, 15.4.2014, p. 33

2. Council Regulation (EU) No. 2015/138 of 29 January 2015¹⁰

10 OJ No. L 24, 30.1.2015, p. 1

3. Council Implementing Regulation (EU) No. 2015/357 of 5 March 2015¹¹

11 OJ No. L 62, 6.3.2015, p. 1

4. Council Implementing Regulation (EU) No. 2015/869 of 5 June 2015¹²

12 OJ No. L 142, 6.6.2015, p. 1

5. Council Implementing Regulation (EU) No. 2015/1777 of 5 October 2015¹³

13 OJ No. L 259, 6.10.2015, p. 3

6. Council Implementing Regulation (EU) No. 2016/311 of 4 March 2016¹⁴

14 OJ No. L 60, 5.3.2016, p. 1

Part 2 Council Regulation (EU) No. 269/2014

1. Council Implementing Regulation (EU) No. 284/2014 of 21 March 2014¹⁵

15 OJ No. L 86, 21.3.2014, p. 27

2. Council Implementing Regulation (EU) No. 433/2014 of 28 April 2014¹⁶

16 OJ No. L 126, 29.4.2014, p. 48

3. Council Regulation (EU) No. 476/2014 of 12 May 2014¹⁷

17 OJ No. L 137, 12.5.2014, p. 1

4. Council Implementing Regulation (EU) No. 477/2014 of 12 May 2014¹⁸

18 OJ No. L 137, 12.5.2014, p. 3

5. Council Implementing Regulation (EU) No. 577/2014 of 28 May 2014¹⁹

19 OJ No. L 160, 29.5.2014, p. 7

6. Council Implementing Regulation (EU) No. 753/2014 of 11 July 2014²⁰

20 OJ No. L 205, 12.7.2014, p. 7

7. Council Regulation (EU) No. 783/2014 of 18 July 2014²¹

21 OJ No. L 214, 19.7.2014, p. 2

8. Council Implementing Regulation (EU) No. 810/2014 of 25 July 2014²²

22 OJ No. L 221, 25.7.2014, p. 1

9. Council Regulation (EU) No. 811/2014 of 25 July 2014²³

23 OJ No. L 221, 25.7.2014, p. 11

10. Council Implementing Regulation (EU) No. 826/2014 of 30 July 2014²⁴

24 OJ No. L 226, 30.7.2014, p. 16

11. Council Regulation (EU) No. 959/2014 of 8 September 2014²⁵

25 OJ No. L 271, 12.9.2014, p. 1

12. Council Implementing Regulation (EU) No. 961/2014 of 8 September 2014²⁶

26 OJ No. L 271, 12.9.2014, p. 8

13. Council Implementing Regulation (EU) No. 1225/2014 of 17 November 2014²⁷

27 OJ No. L 331, 18.11.2014, p. 1

14. Council Implementing Regulation (EU) No. 1270/2014 of 28 November 2014²⁸

28 OJ No. L 344, 29.11.2014, p. 5

15. Council Implementing Regulation (EU) No. 2015/240 of 9 February 2015²⁹

29 OJ No. L 40, 16.2.2015, p. 7

16. Council Implementing Regulation (EU) No. 2015/427 of 13 March 2015³⁰

30 OJ No. L 70, 14.3.2015, p. 1

17. Council Implementing Regulation (EU) No. 2015/1514 of 14 September 2015³¹

31 OJ No. L 239, 15.9.2015, p. 30

18. Council Implementing Regulation (EU) No. 2016/353 of 10 March 2016³²

32 OJ No. L 67, 12.3.2016, p. 1

19. Council Implementing Regulation (EU) No. 2016/1661 of 15 September 2016³⁸

38 OJ No. L 249, 16.09.2016, p. 1

Part 3 Council Regulation (EU) No. 692/2014

1. Council Regulation (EU) No. 825/2014 of 30 July 2014³³

33 OJ No. L 226, 30.7.2014, p. 2

2. Council Regulation (EU) No. 1351/2014 of 18 December 2014³⁴

34 OJ No. L 365, 19.12.2014, p. 46

Part 4 Council Regulation (EU) No. 833/2014

1. Council Regulation (EU) No. 960/2014 of 8 September 2014³⁵

35 OJ No. L 271, 12.9.2014, p. 3

2. Council Regulation (EU) No. 1290/2014 of 4 December 2014³⁶

36 OJ No. L 349, 5.12.2014, p. 20

3. Council Regulation (EU) No. 2015/1797 of 7 October 2015³⁷

37 OJ No. L 263, 8.10.2015, p. 10

Schedule 2

Part 1

1. Contravention of Provision of Council Regulation (EU) No. 208/2014

Article 2

Article 8(1)

Article 9

2. Contravention of Provision of Council Regulation (EU) No. 269/2014

Article 2

Article 8(1)

Article 9

3. Contravention of Provision of Council Regulation (EU) No. 692/2014

Article 2

Article 2a(1)

Article 2b(1) or (2)

Article 2c(1) or (3)

Article 2d(1) or (2)

Article 4

4. Contravention of Provision of Council Regulation (EU) No. 833/2014

Article 2(1)

Article 2a(1) or (2)

Article 3a(1)

Article 4(1)

Article 5

Article 12

Part 2

1. Authorisation under Provision of Council Regulation (EU) No. 208/2014

Article 4

Article 5

Article 6

2. Authorisation under Provision of Council Regulation (EU) No. 269/2014

Article 4

Article 5

Article 6

3. Authorisation under Provision of Council Regulation (EU) No. 692/2014

Article 2e

4. Authorisation under Provision of Council Regulation (EU) No. 833/2014

Article 2

Article 3

Article 4

GIVEN under my Official Seal,

25 October 2016.

MICHAEL NOONAN,

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. 208/2014 of 5 March 2014 as amended, Council Regulation (EU) No. 269/2014 of 17 March 2014 as amended, Council Regulation (EU) No. 692/2014 of 23 June 2014 as amended and Council Regulation (EU) No. 833/2014 of 31 July 2014 as amended, regarding restrictive measures concerning Ukraine.

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 66, 6.3.2014, p. 1

2 OJ No. L 78, 17.3.2014, p. 6

3 OJ No. L 183, 24.6.2014, p. 9

4 OJ No. L 229, 31.7.2014, p. 1

5 OJ No. L 66, 6.3.2014, p. 1

6 OJ No. L 78, 17.3.2014, p. 6

7 OJ No. L 183, 24.6.2014, p. 9

8 OJ No. L 229, 31.7.2014, p. 1

9 OJ No. L 111, 15.4.2014, p. 33

10 OJ No. L 24, 30.1.2015, p. 1

11 OJ No. L 62, 6.3.2015, p. 1

12 OJ No. L 142, 6.6.2015, p. 1

13 OJ No. L 259, 6.10.2015, p. 3

14 OJ No. L 60, 5.3.2016, p. 1

15 OJ No. L 86, 21.3.2014, p. 27

16 OJ No. L 126, 29.4.2014, p. 48

17 OJ No. L 137, 12.5.2014, p. 1

18 OJ No. L 137, 12.5.2014, p. 3

19 OJ No. L 160, 29.5.2014, p. 7

20 OJ No. L 205, 12.7.2014, p. 7

21 OJ No. L 214, 19.7.2014, p. 2

22 OJ No. L 221, 25.7.2014, p. 1

23 OJ No. L 221, 25.7.2014, p. 11

24 OJ No. L 226, 30.7.2014, p. 16

25 OJ No. L 271, 12.9.2014, p. 1

26 OJ No. L 271, 12.9.2014, p. 8

27 OJ No. L 331, 18.11.2014, p. 1

28 OJ No. L 344, 29.11.2014, p. 5

29 OJ No. L 40, 16.2.2015, p. 7

30 OJ No. L 70, 14.3.2015, p. 1

31 OJ No. L 239, 15.9.2015, p. 30

32 OJ No. L 67, 12.3.2016, p. 1

38 OJ No. L 249, 16.09.2016, p. 1

33 OJ No. L 226, 30.7.2014, p. 2

34 OJ No. L 365, 19.12.2014, p. 46

35 OJ No. L 271, 12.9.2014, p. 3

36 OJ No. L 349, 5.12.2014, p. 20

37 OJ No. L 263, 8.10.2015, p. 10