S.I. No. 496/2001 - European Communities (Taliban of Afghanistan) (Sanctions) Regulations, 2001


I, Charlie McCreevy, 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 further effect to Council Regulation (EC) No. 467/2001 of 6 March 20011 , as amended, hereby make the following regulations:

1.        These Regulations may be cited as the European Communities (Taliban of Afghanistan) (Sanctions) Regulations, 2001.

2.        (1)       In these Regulations -

“Central Bank” means Central Bank of Ireland;

“Council Regulation” means Council Regulation (EC) No. 467/2001 of 6 March 20011 , as amended by Commission Regulation (EC) No. 1354/2001 of 4 July 20012 , Commission Regulation (EC) No. 1996/2001 of 11 October 20013 , Commission Regulation (EC) No. 2062/2001 of 19 October 20014 and as amended from time to time pursuant to Article 10 of Council Regulation (EC) No. 467/2001 of 6 March 2001.

(2)       A word or expression which is used in this Order has, unless the context otherwise requires, the same meaning that it has in the Council Regulation.

(3)       In these Regulations, unless otherwise indicated, a reference to a Regulation is a reference to a Regulation in these Regulations.

3.        Subject to Regulation 5, a person transferring funds which are frozen by virtue of the Council Regulation shall be guilty of an offence.

4.        Subject to Regulation 5, a person making available funds or financial resources, either directly or indirectly, to or for the benefit of, persons, entities or bodies listed in Annex 1 to the Council Regulation shall be guilty of an offence.

5.        Regulations 3 and 4 shall not apply in a case where an exemption has been granted in accordance with the Council Regulation.

6.        The Central Bank may, for the purposes of the supervision of financial transfers and for the administration and enforcement of the provisions of these Regulations, give such directions or issue such instructions to a person as it sees fit.

7.        A person to whom a direction has been given or an instruction issued under Regulation 6 shall comply with such direction or instruction.

8.        A person who fails to comply with a direction or an instruction issued under Regulation 6 shall be guilty of an offence.

9.        A person guilty of an offence pursuant to Regulation 3, Regulation 4 or Regulation 8 of these Regulations shall be liable on summary conviction to a fine not exceeding euro3,000 or to imprisonment for a term not exceeding 12 months or to both.

10.      Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been 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 any such capacity, that person as well as the body corporate, shall 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.

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GIVEN under my Official Seal,

This 2nd day of November 2001.

CHARLIE McCREEVY

Minister for Finance.

Explanatory Note

(This note is not part of the Regulations and does not purport to be a legal interpretation)

The Regulations are made on foot of powers conferred by section 3 of the European Communities Act, 1972 (No. 27 of 1972).

These Regulations provide for penalties for breach of financial sanctions against the Taliban of Afghanistan imposed by Council Regulation (EC) No. 467/2001 of 6 March 2001, as amended.

1 O.J. No. L67, 9.3 2001, p.1.

1 O.J. No. L67, 9.3 2001, p.1.

2 O.J. No. L182, 5.7 2001, p.15.

3 O.J. No. L271, 12.10.2001, p.21.

4 O.J. No. L277, 20.10.2001, p.25.