Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th March, 2017.

I, MARY MITCHELL O’CONNOR, 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 full effect to Council Regulation (EU) No 267/2012 of 23 March 2012¹ , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Iran) Regulations 2017.

2. (1) In these Regulations—

“Council Regulation” means Council Regulation (EU) No 267/2012 of 23 March 20121 as amended by the European acts specified in 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 the Council Regulation specified in 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 the Council Regulation specified in 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 to 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 to 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 to 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 Iran) Regulations 2016 ( S.I. No. 478 of 2016 ) are revoked.

Schedule 1

Council Regulation

1. Council Implementing Regulation (EU) No 350/2012 of 23 April 2012²

2. Council Regulation (EU) No 708/2012 of 2 August 2012³

3. Council Implementing Regulation (EU) No 709/2012 of 2 August 2012⁴

4. Council Implementing Regulation (EU) No 945/2012 of 15 October 2012⁵

5. Council Implementing Regulation (EU) No 1016/2012 of 6 November 2012⁶

6. Council Regulation (EU) No 1067/2012 of 14 November 2012⁷

7. Council Regulation (EU) No 1263/2012 of 21 December 2012⁸

8. Council Implementing Regulation (EU) No 1264/2012 of 21 December 2012⁹

9. Council Implementing Regulation (EU) No 522/2013 of 6 June 2013¹⁰

10. Council Regulation (EU) No 517/2013 of 13 May 2013¹¹

11. Council Regulation (EU) No 971/2013 of 10 October 2013¹²

12. Council Implementing Regulation (EU) No 1154/2013 of 15 November 2013¹³

13. Council Implementing Regulation (EU) No 1203/2013 of 26 November 2013¹⁴

14. Council Implementing Regulation (EU) No 1361/2013 of 17 December 2013¹⁵

15. Council Regulation (EU) No 42/2014 of 20 January 2014¹⁶

16. Council Implementing Regulation (EU) No 397/2014 of 16 April 2014¹⁷

17. Council Implementing Regulation (EU) No 1202/2014 of 7 November 2014¹⁸

18. Council Regulation (EU) 2015/229 of 12 February 2015¹⁹

19. Council Implementing Regulation (EU) 2015/230 of 12 February 2015²⁰

20. Council Implementing Regulation (EU) 2015/549 of 7 April 2015²¹

21. Council Implementing Regulation (EU) 2015/1001 of 25 June 2015²²

22. Council Regulation (EU) 2015/1327 of 31 July 2015²³

23. Council Regulation (EU) 2015/1328 of 31 July 2015²⁴

24. Council Regulation (EU) 2015/1861 of 18 October 2015²⁵

25. Council Implementing Regulation (EU) 2015/1862 of 18 October 2015²⁶

26. Council Implementing Regulation (EU) 2015/2204 of 30 November 2015²⁷

27. Council Regulation (EU) 2016/31 of 14 January 2016²⁸

28. Council Implementing Regulation (EU) 2016/74 of 22 January 2016²⁹

29. Council Implementing Regulation (EU) 2016/603 of 18 April 2016³⁰

30. Commission Implementing Regulation (EU) 2016/1375 of 29 July 2016³¹

Schedule 2

Part 1

Contravention of Provision of Council Regulation

Article 2c(3)

Article 4a(1)

Article 4b

Article 4c

Article 5

Article 23(1), (2), (3) and (4)

Article 23a(1), (2), (3) and (4)

Article 36

Article 37(1) and (2)

Article 40(1)

Article 41

Part 2

Authorisation under Provision of Council Regulation

Article 2a(1)

Article 2b(1)

Article 2d(1)

Article 3a(1)

Article 3c(1)

Article 3d(1)

Article 10d

Article 15a

Article 24

Article 25

Article 26

Article 27

Article 28

Article 28a

Article 28b

GIVEN under my Official Seal,

6 March 2017.

MARY MITCHELL O’CONNOR,

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.)

These Regulations provide for the enforcement of restrictive measures contained in Council Regulation (EU) No 267/2012 as amended, regarding restrictive measures concerning Iran.

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 L 088, 24.3.2012, p.1

2 OJ L 110, 24.4.2012, p.17

3 OJ L 208, 3.8.2012, p.1

4 OJ L 208, 3.8.2012, p.2

5 OJ L 282, 16.10.2012, p.16

6 OJ L 307, 7.11.2012, p.5

7 OJ L 318, 15.11.2012, p.1

8 OJ L 356, 22.12.2012, p.34

9 OJ L 356, 22.12.2012, p.55

10 OJ L 156, 8.6.2013, p.3

11 OJ L 158, 10.6.2013, p.1

12 OJ L 272, 12.10.2013, p.1

13 OJ L 306, 16.11.2013, p.3

14 OJ L 316, 27.11.2013, p.1

15 OJ L 343, 19.12.2013, p.7

16 OJ L 15, 20.1.2014, p.18

17 OJ L 119, 23.4.2014, p.1

18 OJ L 325, 8.11.2014, p.3

19 OJ L 39, 14.2.2015, p.1

20 OJ L 39, 14.2.2015, p.3

21 OJ L 92, 8.4.2015, p.12

22 OJ L 161, 26.6.2015, p.1

23 OJ L 206, 1.8.2015, p.18

24 OJ L 206, 1.8.2015, p.20

25 OJ L 274, 18.10.2015, p.1

26 OJ L 274, 18.10.2015, p.161

27 OJ L 314, 1.12.2015, p.10

28 OJ L 10, 15.1.2016, p.1

29 OJ L 16, 23.1.2016, p.6

30 OJ L 104, 20.4.2016, p.8

31 OJ L 221, 16.8.2016, p.1