S.I. No. 141/1998 - Financial Transfers (Angola) Order, 1998.

S.I. No. 141 of 1998.

FINANCIAL TRANSFERS (ANGOLA) ORDER, 1998.

I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by section 4 of the Financial Transfers Act, 1992 (No. 27 of 1992), hereby order as follows:

1. This Order may be cited as the Financial Transfers (Angola) Order, 1998.

2. In this Order:—

"Annex" means an Annex to the Council Regulation (including any supplement or amendment made to an Annex by the Commission of the European Communities under Article 6 of the Council Regulation);

"the Council Regulation" means Council Regulation (EC) No. 2229/97 of 30 October 1997¹.

¹ O.J. No. L 309 of 12.11.97 p.1.

3. This Order applies to financial transfers which relate to—

(a) the sale or supply of petroleum or petroleum products listed in Annex I whether or not originating in the European Community, in the territory of Angola through points of entry other than those referred to in Annex II;

(b) the supply or making available in any form any aircraft or aircraft components to the territory of Angola other than through the points of entry referred to in Annex III;

(c) the provision of engineering and maintenance services, certification of airworthiness, payment of new claims against existing insurance contracts or provision or renewal of direct insurance with respect to any aircraft registered in Angola other than those listed in Annex IV, or with respect to any aircraft which entered the territory of Angola other than through a point of entry referred to in Annex V;

(d) the starting or continuation, in any form, of any operational activity of any office of the "Unio Nacional para a Independrncia Total de Angola"(UNITA);

(e) any activity the object or effect of which is, directly or indirectly, to promote the transactions or activities referred to in this Article.

4. Subject to Article 5 of this Order, a person shall not make a financial transfer to which the Order applies from the State to another country.

5. A person may make a financial transfer to which this Order applies, with the permission of the Central Bank of Ireland, in respect of cases of medical urgency or of flights of aircraft carrying food, medicine or supplies for essential humanitarian needs in accordance with Article 2 of the Council Regulation.

6. The Central Bank of Ireland may give such directions or issue such instructions to persons as it sees fit for the supervision of financial transfers to which this Order applies and the administration and enforcement of this Order.

7. A person to whom a direction has been given or an instruction issued under Article 6 of this Order shall comply with the direction or instruction.

8. A person shall not do anything to promote a financial transfer to which this Order applies which is prohibited by this Order.

GIVEN under my Official Seal, this 1st day of May, 1998.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

This Order provides for the application in Ireland of United Nations financial sanctions against Angola in accordance with Council Regulation (EC) No. 2229/97 of 30 October 1997 in order to induce UNITA to fulfil its obligations in the peace process. The Order prohibits certain financial transactions with Angola relating to the provision of petroleum, petroleum products, aircraft, aircraft compenents and engineering, maintenance and insurance services in respect of certain aircraft.

Certain exceptions are provided for in cases of medical urgency and in relation to flights of aircraft carrying food, medicine or supplies for essential humanitarian needs subject to the prior approval of the relevant United Nations Security Council Committee and of the Central Bank of Ireland.