S.I. No. 356/2005 - Financial Transfers (International Criminal Tribunal for the Former Yugoslavia (ICTY)) (Prohibition) Order (No. 2), 2005

S.I. No. 356 of 2005 .

FINANCIAL TRANSFERS (INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY)) (PROHIBITION) ORDER (No. 2), 2005.

I, BRIAN COWEN, Minister for Finance, in exercise of the powers conferred on me by section 4 of the Financial Transfers Act 1992 (No. 27 of 1992) and for the purpose of giving further effect to Council Regulation (EC) No. 1763/2004 of 11 October 2004¹ , as amended, hereby order as follows:

1.  This Order may be cited as the Financial Transfers (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Prohibition) Order (No. 2), 2005.

2.  (1)  In this Order—

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

“Council Regulation” means Council Regulation (EC) No. 1763/2004 of 11 October 2004, as amended by:

(i)  Commission Regulation (EC) No. 1965/2004 of 15 November 2004²

(ii)  Commission Regulation (EC) No. 2233/2004 of 22 December 2004³

(iii)  Commission Regulation (EC) No. 295/2005 of 22 February 2005⁴

(iv)  Commission Regulation (EC) No. 607/2005 of 18 April 2005⁵ and Corrigendum⁶

(v)  Commission Regulation (EC) No. 830/2005 of 30 May 2005⁷ and Corrigendum⁸

“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 this Order has unless the context otherwise requires, the same meaning that it has in the Council Regulation.

3.  This Order applies to financial transfers—

(a)  in respect of all funds and economic resources belonging to persons listed in Annex I to the Council Regulation, and

(b)  relating to the making available of funds and economic resources, either directly or indirectly, to or for the benefit of persons listed in Annex I to the Council Regulation.

4.  A person shall not make a financial transfer to which this Order applies between the State and another country.

5.  Notwithstanding Article 4 of this Order, a person may make a financial transfer to which this Order applies where that person has received a specific authorisation for a derogation in respect of such transfer pursuant to Article 3 or Article 4 of the Council Regulation.

6.  The Central Bank may, for the purpose of supervision of financial transfers and for the administration and enforcement of the provisions of this Order, 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 Article 6 of this Order shall comply with such direction or instruction.

8.  A person shall not do anything to directly or indirectly assist in the circumvention of the provisions of this Order.

9.  The Financial Transfers (International Criminal Tribunal for the former Yugoslavia) Order 2005 ( S.I. No. 156 of 2005 ) is revoked.

EXPLANATORY NOTE.

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

The Order prohibits financial transfers between the State and another country in respect of all funds and economic resources belonging to the persons indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) who are listed in Annex I Council Regulation (EC No. 1763/2004 of 11 October 2004, imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY), as amended by the Commission Regulations referred to in this Order.

¹ O.J. No. L315, 14.10.2004, p.14.

² O.J. No. L339, 16.11.2004, p.4.

³ O.J. No. L379, 24.12.2004, p.75.

⁴ O.J. No. L50, 23.2.2005, p.5.

⁵ O.J. No. L100, 20.4.2005, p.17

⁶ O.J. No. L104, 23.4.2005, p.46.

⁷ O.J. No. L137, 31.5.2005, p.24.

⁸ O.J. No. L139, 2.6.2005, P.29.