European Union (Restrictive Measures Concerning Ukraine) Regulations 2023.

• Jurisdiction: Ireland
• Citation: IR SI 17/2023
• Year: 2023

STATUTORY INSTRUMENTS

S.I. No.17of2023

European Union (Restrictive Measures concerning Ukraine) Regulations 2023

I, Michael McGrath, 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 2014 1as amended, Council Regulation (EU) No. 269/2014 of 17 March 2014 2as amended, Council Regulation (EU) No. 692/2014 of 23 June 2014 3as amended, Council Regulation (EU) No. 833/2014 of 31 July 2014 4as amended and Council Regulation (EU) 2022/263 of 23 February 2022 5, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Ukraine) Regulations 2023.

2. (1) In these Regulations -

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

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

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

“Council Regulation (EU) No. 833/2014” means Council Regulation (EU) No. 833/2014 of 31 July 2014 4as amended by the European acts specified in Part 4 of Schedule 1;

“Council Regulation (EU) 2022/263” means Council Regulation (EU) 2022/263 of 23 February 2022 5as amended by the European act specified in Part 5 of Schedule 1;

“Council Regulations” means Council Regulation (EU) No. 208/2014, Council Regulation (EU) No. 269/2014, Council Regulation (EU) No. 692/2014, Council Regulation (EU) No. 833/2014 and Council Regulation (EU) 2022/263;

“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 Regulations has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulations.

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, or

(e) Council Regulation (EU) 2022/263 specified in paragraph 5 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, or

(e) Council Regulation (EU) 2022/263 specified in paragraph 5 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 Regulations 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 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 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) (No.24) Regulations 2022 (S.I. No. 707 of 2022) are revoked.

Schedule 1

Part 1

Council Regulation (EU) No. 208/2014

1. Council Implementing Regulation (EU) No. 381/2014 of 14 April 2014 6

2. Council Regulation (EU) 2015/138 of 29 January 2015 7

3. Council Implementing Regulation (EU) 2015/357 of 5 March 2015 8

4. Council Implementing Regulation (EU) 2015/869 of 5 June 2015 9

5. Council Implementing Regulation (EU) 2015/1777 of 5 October 2015 10

6. Council Implementing Regulation (EU) 2016/311 of 4 March 2016 11

7. Council Implementing Regulation (EU) 2017/374 of 3 March 2017 12

8. Council Implementing Regulation (EU) 2018/326 of 5 March 2018 13

9. Council Implementing Regulation (EU) 2019/352 of 4 March 2019 14

10. Commission Implementing Regulation (EU) 2019/1163 of 5 July 2019 15

11. Council Implementing Regulation (EU) 2020/370 of 5 March 2020 16

12. Council Implementing Regulation (EU) 2021/391 of 4 March 2021 17

13. Council Implementing Regulation (EU) 2021/2152 of 6 December 2021 18

14. Council Implementing Regulation (EU) 2022/375 of 3 March 2022 19

15. Commission Implementing Regulation (EU) 2022/595 of 11 April 2022 20

16. Council Implementing Regulation (EU) 2022/1501 of 9 September 2022 21

Part 2

Council Regulation (EU) No. 269/2014

1. Council Implementing Regulation (EU) No. 284/2014 of 21 March 2014 22

2. Council Implementing Regulation (EU) No. 433/2014 of 28 April 2014 23

3. Council Regulation (EU) No. 476/2014 of 12 May 2014 24

4. Council Implementing Regulation (EU) No. 477/2014 of 12 May 2014 25

5. Council Implementing Regulation (EU) No. 577/2014 of 28 May 2014 26

6. Council Implementing Regulation (EU) No. 753/2014 of 11 July 2014 27

7. Council Regulation (EU) No. 783/2014 of 18 July 2014 28

8. Council Implementing Regulation (EU) No. 810/2014 of 25 July 2014 29

9. Council Regulation (EU) No. 811/2014 of 25 July 2014 30

10. Council Implementing Regulation (EU) No. 826/2014 of 30 July 2014 31

11. Council Regulation (EU) No. 959/2014 of 8 September 2014 32

12. Council Implementing Regulation (EU) No. 961/2014 of 8 September 2014 33

13. Council Implementing Regulation (EU) No. 1225/2014 of 17 November 2014 34

14. Council Implementing Regulation (EU) No. 1270/2014 of 28 November 2014 35

15. Council Implementing Regulation (EU) 2015/240 of 9 February 2015 36

16. Council Implementing Regulation (EU) 2015/427 of 13 March 2015 37

17. Council...