Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th May, 2022.

I, LEO VARADKAR, 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 (EC) No 314/2004 of 19 February 2004¹ , as amended, hereby make the following regulations:

1. These Regulations may be cited as the European Union (Restrictive Measures concerning Zimbabwe) Regulations 2022.

2. (1) In these Regulations -

“Council Regulation” means Council Regulation (EC) No 314/2004 of 19 February 2004¹ 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. A person who contravenes a provision of the Council Regulation specified in Schedule 2 shall be guilty of an offence.

4. Notwithstanding Regulation 3, a person who has received an authorisation under Article 4(1), 4a(1) or 7(1) of the Council Regulation 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. The European Union (Restrictive Measures concerning Zimbabwe) Regulations 2021 ( S.I. No. 192 of 2021 ) are revoked.

Schedule 1

1. Commission Regulation (EC) No 1488/2004 of 20 August 2004²

2. Commission Regulation (EC) No 898/2005 of 15 June 2005³

3. Commission Regulation (EC) No 1272/2005 of 1 August 2005⁴

4. Commission Regulation (EC) No 1367/2005 of 19 August 2005⁵

5. Council Regulation (EC) No 1791/2006 of 20 November 2006⁶

6. Commission Regulation (EC) No 236/2007 of 2 March 2007⁷

7. Commission Regulation (EC) No 412/2007 of 16 April 2007⁸

8. Commission Regulation (EC) No 777/2007 of 2 July 2007⁹

9. Commission Regulation (EC) No 702/2008 of 23 July 2008¹⁰

10. Commission Regulation (EC) No 1226/2008 of 8 December 2008¹¹

11. Commission Regulation (EC) No 77/2009 of 26 January 2009¹²

12. Commission Regulation (EU) No 173/2010 of 25 February 2010¹³

13. Commission Regulation (EU) No 174/2011 of 23 February 2011¹⁴

14. Commission Implementing Regulation (EU) No 151/2012 of 21 February 2012¹⁵

15. Commission Implementing Regulation (EU) No 145/2013 of 19 February 2013¹⁶

16. Council Regulation (EU) No 517/2013 of 13 May 2013¹⁷

17. Commission Implementing Regulation (EU) No 915/2013 of 23 September 2013¹⁸

18. Council Regulation (EU) No 153/2014 of 17 February 2014¹⁹

19. Commission Implementing Regulation (EU) 2015/275 of 19 February 2015²⁰

20. Council Regulation (EU) 2015/612 of 20 April 2015²¹

21. Council Regulation (EU) 2015/1919 of 26 October 2015²²

22. Commission Implementing Regulation (EU) 2015/1921 of 26 October 2015²³

23. Council Regulation (EU) 2016/214 of 15 February 2016²⁴

24. Commission Implementing Regulation (EU) 2016/218 of 16 February 2016²⁵

25. Council Regulation (EU) 2017/284 of 17 February 2017²⁶

26. Commission Implementing Regulation (EU) 2018/223 of 15 February 2018²⁷

27. Commission Implementing Regulation (EU) 2019/283 of 18 February 2019²⁸

28. Council Regulation (EU) 2019/278 of 18 February 2019²⁹

29. Council Regulation (EU) 2020/213 of 17 February 2020³⁰

30. Commission Implementing Regulation (EU) 2020/219 of 17 February 2020³¹

31. Commission Implementing Regulation (EU) 2021/253 of 17 February 2021³²

32. Council Regulation (CFSP) 2021/251 of 18 February 2021³³

33. Council Regulation (EU) 2022/225 of 17 February 2022³⁴

34. Commission Implementing Regulation (EU) 2022/226 of 17 February 2022³⁵

Schedule 2

Provision of Council Regulation

Article 2

Article 3

Article 6

Article 8(1)

GIVEN under my Official Seal,

12 May, 2022.

LEO VARADKAR,

Minister for Enterprise, Trade and Employment.

1 OJ L55, 24.2.2004, p.1

1 OJ L55, 24.2.2004, p.1

2 OJ L 273, 21.8.2004, p.12

3 OJ L 153, 16.6.2005, p.9

4 OJ L 201, 2.8.2005, p.40

5 OJ L 216, 20.8.2005, p.6

6 OJ L 363, 20.12.2006, p.1

7 OJ L 66, 6.3.2007, p.14

8 OJ L 101, 18.4.2007, p.6

9 OJ L 173, 3.7.2007, p.3

10 OJ L 195, 24.7.2008, p.19

11 OJ L 331, 10.12.2008, p.11

12 OJ L 23, 27.1.2009, p.5

13 OJ L 51, 2.3.2010, p.13

14 OJ L 49, 24.2.2011, p.23

15 OJ L 49, 22.2.2012, p.2

16 OJ L 47, 20.2.2013, p.63

17 OJ L 158, 10.6.2013, p.1

18 OJ L 252, 24.9.2013, p.23

19 OJ L 50, 20.2.2014, p.1

20 OJ L 47, 20.2.2015, p.15

21 OJ L 102, 21.4.2015, p.1

22 OJ L 281, 27.10.2015, p.1

23 OJ L 281, 27.10.2015, p.5

24 OJ L 40, 17.2.2016, p.1

25 OJ L 40, 17.2.2016, p.7

26 OJ L 42, 18.2.2017, p.1

27 OJ L 43, 16.2.2018, p.10

28 OJ L 47, 18.02.2019, p.36

29 OJ L 47, 18.02.2019, p.1

30 OJ L 45, 18.2.2020, p.1

31 OJ L 44, 18.2.2020, p.17

32 OJ L 58, 19.2.2021, p.15

33 OJ L 58, 19.2.2021, p.9

34 OJ L 38, 18.2.2022, p.1

35 OJ L 38, 18.2.2022, p.3