S.I. No. 457/2004 - European Communities (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Sanctions) Regulations 2004


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 effect to Council Regulation (EC) No. 881/2002 of 27 May 20021 as amended, hereby make the following Regulations:

1. These Regulations may be cited as the European Communities (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Sanctions) Regulations 2004.

2. (1) In these Regulations—

“Central Bank” means Central Bank and Financial Services Authority of Ireland;

“Council Regulations” means Council Regulations (EC) No. 881/2002 of 27 May 20021 , as amended by:

(i)        Council Regulation (EC) No. 561/2003 of 27 March 20032 ,

(ii)        Commission Regulation (EC) No. 951/2002 of 3 June 20023 ,

(iii)       Commission Regulation (EC) No. 1580/2002 of 4 September 20024 ,

(iv)       Commission Regulation (EC) No. 1644/2002 of 13 September 20025 ,

(v)        Commission Regulation (EC) No. 1754/2002 of 1 October 20026 ,

(vi)       Commission Regulation (EC) No. 1823/2002 of 11 October 20027 ,

(vii)      Commission Regulation (EC) No. 1893/2002 of 23 October 20028 ,

(viii)     Commission Regulation (EC) No. 1935/2002 of 29 October 20029 ,

(ix)       Commission Regulation (EC) No. 2083/2002 of 22 November 200210 ,

(x)        Commission Regulation (EC) No. 145/2003 of 27 January 200311 ,

(xi)       Commission Regulation (EC) No. 215/2003 of 3 February 200312 ,

(xii)      Commission Regulation (EC) No. 244/2003 of 7 February 200313 ,

(xiii)      Commission Regulation (EC) No. 342/2003 of 21 February 200314 ,

(xiv)     Commission Regulation (EC) No. 350/2003 of 25 February 200315 ,

(xv)      Commission Regulation (EC) No. 370/2003 of 27 February 200316 ,

(xvi)     Commission Regulation (EC) No. 414/2003 of 5 March 200317 ,

(xvii)    Commission Regulation (EC) No. 742/2003 of 28 April 200318 ,

(xviii)    Commission Regulation (EC) No. 866/2003 of 19 May 200319 ,

(xix)     Commission Regulation (EC) No. 1012/2003 of 12 June 200320 ,

(xx)      Commission Regulation (EC) No. 1184/2003 of 2 July 200321 ,

(xxi)     Commission Regulation (EC) No. 1456/2003 of 14 August 200322 ,

(xxii)    Commission Regulation (EC) No. 1607/2003 of 12 September 200323 ,

(xxiii)    Commission Regulation (EC) No. 1724/2003 of 29 September 200324 ,

(xxiv)    Commission Regulation (EC) No. 1991/2003 of 12 November 200325 ,

(xxv)    Commission Regulation (EC) No. 2049/2003 of 20 November 200326 ,

(xxvi)   Commission Regulation (EC) No. 2157/2003 of 10 December 200327 ,

(xxvii)  Commission Regulation (EC) No. 19/2004 of 7 January 200428 ,

(xxviii)  Commission Regulation (EC) No. 100/2004 of 21 January 200429 ,

(xxix)   Commission Regulation (EC) No. 180/2004 of 30 January 200430 ,

(xxx)    Commission Regulation (EC) No. 391/2004 of 1 March 200431 ,

(xxxi)   Commission Regulation (EC) No. 524/2004 of 19 March 200432 ,

(xxxii)  Commission Regulation (EC) No. 667/2004 of 7 April 200433 ,

(xxxiii)  Commission Regulation (EC) No. 950/2004 of 6 May 200434 ,

(xxxiv) Commission Regulation (EC) No. 984/2004 of 14 May 200435 ,

(xxxv)  Commission Regulation (EC) No. 1187/2004 of 25 June 200436 ,

(xxxvi)  Commission Regulation (EC) No. 1237/2004 of 5 July 200437 and,

(xxxvii) Commission Regulation (EC) No. 1277/2004 of 12 July 200438 ;

“persons” includes a natural or legal person, group, entity or body;

“competent authority” means a competent authority within the State specified in Annex II to the Council Regulation.

(2) A word or expression that is used in these Regulations 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 who transfers funds or economic resources that are frozen by virtue of the Council Regulations shall be guilty of an offence.

4. Subject to Regulation 5, a person making available funds or economic resources, either directly or indirectly, which is prohibited by virtue of the Council Regulation shall be guilty of an offence.

5. Regulations 3 and 4 shall not apply in a case where a competent authority has made a determination and granted a request in accordance with Article 2a of the Council Regulation.

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

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

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

9. 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 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.

10. The European Communities (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Sanctions) Regulations 2003 [ S.I. No. 137 of 2003 ] is revoked.

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GIVEN under my Official Seal, this 23rd day of July 2004.

CHARLIE McCREEVY,

Minister for Finance.

EXPLANATORY NOTE.

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

These Regulations provide for penalties for breach of financial sanctions against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban of Afghanistan imposed by Council Regulation (EC) No. 881/2002 of 27 May 2002 as amended by Council Regulation (EC) No. 561/2003 of 27 March 2003 and the Commission Regulations referred to in this Regulation.

1 OJ No. L139, 29.5.2002, p. 9.

1 OJ No. L139, 29.5.2002, p. 9.

2 OJ No. L82, 29.3.2003, p. 1.

3 OJ No. L145, 4.6.2002, p. 14.

4 OJ No. L237, 5.9.2002, p. 3.

5 OJ No. L247, 14.9.2002, p. 25.

6 OJ No. L264, 2.10.2002, p. 23.

7 OJ No. L276, 12.10.2002, p. 26.

8 OJ No. L286, 24.10.2002, p. 19.

9 OJ No. L295, 30.10.2002, p. 11.

10 OJ No. L319, 23.11.2002, p. 22.

11 OJ No. L23, 28.1.2003, p. 22.

12 OJ No. L28, 4.2.2003, p. 41.

13 OJ No. L33, 8.2.2003, p. 28.

14 OJ No. L49, 22.2.2003, p. 13.

15 OJ No. L51, 26.2.2003, p. 19.

16 OJ No. L53, 28.2.2003, p. 33.

17 OJ No. L62, 6.3.2003, p. 24.

18 OJ No. L106, 29.4.2003, p. 16.

19 OJ No. L124, 20.5.2003, p. 19.

20 OJ No. L146, 13.6.2003, p. 50.

21 OJ No. L165, 3.7.2003, p. 21.

22 OJ No. L206, 15.8.2003, p. 27.

23 OJ No. L229, 13.9.2003, p. 19.

24 OJ No. L247, 30.9.2003, p. 18.

25 OJ No. L295, 13.11.2003, p. 81.

26 OJ No. L303, 21.11.2003, p. 20.

27 OJ No. L324, 11.12.2003, p. 17.

28 OJ No. L4, 8.1.2004, p. 11.

29 OJ No. L15, 22.1.2004, p. 18.

30 OJ No. L28, 31.1.2004, p. 15.

31 OJ No. L64, 2.3.2004, p. 36.

32 OJ No. L83, 20.3.2004, p. 10.

33 OJ No. L104, 8.4.2004, p. 110.

34 OJ No. L173, 7.5.2004, p. 6.

35 OJ No. L180, 15.5.2004, p. 24.

36 OJ No. L227, 26.6.2004, p. 19.

37 OJ No. L235, 6.7.2004, p. 5.

38 OJ No. L241, 13.7.2004, p. 12.