European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) (No. 5) Regulations 2024

S.I. No. 728/2024 - European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) (No. 5) Regulations 2024 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 31 st December, 2024. I, PETER BURKE, Minister for Enterprise, Trade and Employment 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) 2017/1509 of 30 August 2017 , as amended, hereby make the following regulations: 1. These Regulations may be cited as the European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) (No. 5) Regulations 2024. 2. (1) In these Regulations - “Council Regulation” means Council Regulation (EU) 2017/1509 of 30 August 2017 “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. A person who contravenes a provision of the Council Regulation specified in Part 1 of Schedule 2 shall be guilty of an offence. 4. Notwithstanding Regulation 3, a person who has received an authorisation under a provision of the Council Regulation specified in Part 2 of Schedule 2 may, subject to compliance with the terms and conditions of such authorisation, do such of the things as are so authorised. 5. 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. 6. 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. 7. A person who fails to comply with a direction given under Regulation 6 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. 8. 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. 9. (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. 10. European Union (Restrictive Measures concerning the Democratic People’s Republic of Korea) (No. 4) Regulations 2024 ( S.I. No. 574 of 2024 ) are revoked. Schedule 1 Council Regulation 1. Council Regulation (EU) 2017/1548 of 14 September 2017 2. Council Implementing Regulation (EU) 2017/1568 of 15 September 2017 3. Council Regulation (EU) 2017/1836 of 10 October 2017 4. Council Regulation (EU) 2017/1858 of 16 October 2017 5. Council Implementing Regulation (EU) 2017/1859 of 16 October 2017 6. Council Implementing Regulation (EU) 2017/1897 of 18 October 2017 7. Council Regulation (EU) 2017/2062 of 13 November 2017 8. Council Implementing Regulation (EU) 2018/12 of 8 January 2018 9. Council Implementing Regulation (EU) 2018/53 of 12 January 2018 10 10. Council Implementing Regulation (EU) 2018/87 of 22 January 2018 11 11. Council Regulation (EU) 2018/285 of 26 February 2018 12 12. Council Implementing Regulation (EU) 2018/286 of 26 February 2018 13 13. Council Implementing Regulation (EU) 2018/324 of 5 March 2018 14 14. Council Implementing Regulation (EU) 2018/548 of 6 April 2018 15 15. Council Implementing Regulation (EU) 2018/602 of 19 April 2018 16 16. Council Implementing Regulation (EU) 2018/714 of 14 May 2018 17 17. Council Implementing Regulation (EU) 2018/814 of 1 June 2018 18 18. Council Implementing Regulation (EU) 2018/1009 of 17 July 2018 19 19. Council Implementing Regulation (EU) 2018/1074 of 30 July 2018 20 20. Council Implementing Regulation (EU) 2018/1231 of 13 September 2018 21 21. Council Implementing Regulation (EU) 2018/1284 of 24 September 2018 22 22. Council Implementing Regulation (EU) 2018/1606 of 25 October 2018 23 23. Council Implementing Regulation (EU) 2018/1654 of 6 November 2018 24 24. Council Implementing Regulation (EU) 2019/93 of 21 January 2019 25 25. Commission Implementing Regulation (EU) 2019/1083 of 21 June 2019 26 26. Commission Implementing Regulation (EU) 2019/1163 of 5 July 2019 27 27. Council Implementing Regulation (EU) 2019/1207 of 15 July 2019 28 28. Council Implementing Regulation (EU) 2020/730 of 2 June 2020 29 29. Council Implementing Regulation (EU) 2020/1129 of 30 July 2020 30 30. Council Implementing Regulation (EU) 2021/1300 of 5 August 2021 31 31. Commission Implementing Regulation (EU) 2022/595 of 11 April 2022 32 32. Council Implementing Regulation (EU) 2022/659 of 21 April 2022 33 33. Council Implementing Regulation (EU) 2022/1331 of 28 July 2022 34 34. Council Implementing Regulation (EU) 2022/1503 of 9 September 2022 35 35. Council Implementing Regulation (EU) 2022/2180 of 8 November 2022 36 36. Council Implementing Regulation (EU) 2022/2429 of 12 December 2022 37 37. Council Regulation (EU) 2023/720 of 31 March 2023 38 38. Council Implementing Regulation (EU) 2023/2576 of 13 November 2023 39 39. Council Implementing Regulation (EU) 2024/1602 of 31 May 2024 40 40. Council Implementing Regulation (EU) 2024/2070 of 26 July 2024 41 41. Commission Implementing Regulation (EU) 2024/2465 of 10 September 2024 42 42. Council Implementing Regulation (EU) 2024/3152 of 16 December 2024 43 Schedule 2 Part 1 Provision of Council Regulation Article 3.1 Article 5 Article 7.1 Article 9.1 Article 10.1 Article 11 Article 12 Article 13 Article 15 Article 16a Article 16b Article 16c Article 16d Article 16f Article 16h Article 16j Article 16k Article 16l Article 16m Article 16n Article 16p Article 17.1 or 17.2 Article 18.1 Article 20.1 Article 21.1 or 21.2 Article 24 Article 28 Article 30 Article 31 Article 32 Article 34.1, 34.2 or 34.3 Article 38.4 Article 39.1 Article 41.1 Article 43.1 Article 44a Article 52 Part 2 Provision of Council Regulation Article 4.1 or 4.2 Article 6.1 Article 8.1 or 8.2 Article 10.4 Article 14 Article 16 Article 16e.1 Article 16g.1 Article 16i.1 or 16i.2 Article 16o.1 Article 16q.1 Article 17a Article 17b Article 19 Article 22.1 or 22.4 Article 25.1 Article 27.1 Article 29.1 or 29.2 Article 33.1 Article 35.1 or 35.2 Article 36.1 or 36.2 Article 40 Article 42 Article 44.1, 44.2, 44.3, 44.4 or 44.5 Article 45.1 Article 45a.1 GIVEN under my Official Seal, 18 December, 2024. PETER BURKE, Minister for Enterprise, Trade and Employment. 1 OJ L 224, 31.8.2017, p.1 1 OJ L 224, 31.8.2017, p.1 2 OJ L 237, 15.9.2017, p.39 3 OJ L 238, 16.9.2017, p.10 4 OJ L 261, 11.10.2017, p.1 5 OJ L 265 I, 16.10.2017, p.1 6 OJ L 265 I, 16.10.2017, p.5 7 OJ L 269, 19.10.2017, p.1 8 OJ L 295, 14.11.2017, p.4 9 OJ L 4, 9.1.2018, p.1 10 OJ L 10, 13.1.2018, p.1 11 OJ L 16 I, 22.1.2018, p.1 12 OJ L 55, 27.2.2018, p.1 13 OJ L 55, 27.2.2018, p.15 14 OJ L 63, 06.03.2018, p.1 15 OJ L 91, 09.04.2018, p.2 16 OJ L 101, 20.4.2018, p.16 17 OJ L 120, 16.5.2018, p.1 18 OJ L 137, 4.6.2018, p.1 19 OJ L 181, 18.7.2018, p.1 20 OJ L 194, 31.7.2018, p.32 21 OJ L 231, 14.9.2018, p.11 22 OJ L 240, 25.9.2018, p.2 23 OJ L 268, 26.10.2018, p.20 24 OJ L 276, 7.11.2018, p.3 25 OJ L 19, 22.1.2019, p.3 26 OJ L 171, 26.6.2019, p.8 27 OJ L 182, 08.07.2019, p.33 28 OJ L 191, 17.7.2019, p.1 29 OJ L 172 I, 3.6.2020, p.1 30 OJ L 247, 31.7.2020, p.5 31 OJ L 283, 06.08.2021, p.1 32 OJ L 114, 12.04.2022, p.60 33 OJ L 120, 21.4.2022, p.5 34 OJ L 201, 1.8.2022, p.5 35 OJ L 235, 12.9.2022, p.6 36 OJ L 288, 9.11.2022, p.5 37 OJ L 318 I, 12.12.2022, p.13 38 OJ L 94, 03.04.2023, p.1 39 OJ L 2023/2576, 14.11.2023, p.1 40 OJ L 2024/1602, 31.05.2024, p.1 41 OJ L 2024/2070, 29.07.2024, p.1 42 OJ L 2024/2465, 12.09.2024, p.1 43 OJ L 2024/3152, 16.12.2024, p.1