S.I. No. 466/2015 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2015.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th October, 2015.

I, MICHAEL NOONAN, Minister for Finance, in exercise of the powers conferred on me by subsections (2) and (6), respectively, of section 42 of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005), and for the purpose of giving full effect to Council Regulation (EC) No. 2580/2001 of 27 December 20011 as amended and Council Implementing Regulation (EU) No. 2015/1325 of 31 July 20152 , and being of the opinion that these acts adopted by the institutions of the European Communities and of the European Union are for the purpose of, or will contribute to, combating terrorism through the adoption of specific restrictive measures, directed at persons, groups or entities, for the identification, detection, freezing or seizure of their assets of any kind, hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2015.

2. (1) Every Regulation of these Regulations, other than Regulations 5 and 6, is made in exercise of the powers conferred by section 42(2) of the Act.

(2) Regulations 5 and 6 are made in exercise of the powers conferred by section 42(6) of the Act.

3. (1) In these Regulations-

“Act” means the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005);

“Central Bank” means the Central Bank of Ireland;

“Council Regulation” means Council Regulation (EC) No. 2580/2001 of 27 December 20011 as amended by the European acts specified in Schedule 1;

“Council Implementing Regulation” means Council Implementing Regulation (EU) No. 2015/1325 of 31 July 20152;

“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.

4. A person shall comply with every provision of the Council Regulation as it applies to a person, group or entity referred to in Article 1 of, and the Annex to, the Council Implementing Regulation.

5. (1) The Central Bank may, for the purposes of the administration and enforcement of the Council Regulation, the Council Implementing Regulation or these Regulations, give in writing such directions to a person as it sees fit.

(2) A person to whom such a direction is given shall comply with the direction.

6. The Regulations specified in Schedule 2 are revoked.

SCHEDULE 1

Regulation 3

Council Regulation

1. Commission Regulation (EC) No. 745/2003 of 28 April 20033

2. Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded4

3. Commission Regulation (EC) No. 1207/2005 of 27 July 20055

4. Commission Regulation (EC) No. 1957/2005 of 29 November 20056

5. Commission Regulation (EC) No. 1461/2006 of 29 September 20067

6. Commission Regulation (EC) No. 1791/2006 of 20 November 20068

7. Commission Implementing Regulation (EU) No. 1250/2012 of 20 December 20129

8. Council Regulation (EU) No. 517/2013 of 13 May 201310

9. Commission Implementing Regulation (EU) No. 646/2013 of 4 July 201311

SCHEDULE 2

Regulation 6

Revocations

1. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2) and (6)) (Counter Terrorism) (Financial Sanctions) Regulations 2015 ( S.I. No. 285 of 2015 )

2. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 ( S.I. No. 561 of 2013 )

3. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 ( S.I. No. 526 of 2013 )

4. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 ( S.I. No. 50 of 2013 )

5. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2013 ( S.I. No. 49 of 2013 )

6. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012 ( S.I. No. 428 of 2012 )

7. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012 ( S.I. No. 427 of 2012 )

8. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2012 ( S.I. No. 19 of 2012 )

9. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2012 ( S.I. No. 18 of 2012 )

10. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2011 ( S.I. No. 444 of 2011 )

11. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2011 ( S.I. No. 443 of 2011 )

12. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2011 ( S.I. No. 170 of 2011 )

13. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2011 ( S.I. No. 169 of 2011 )

14. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2010 ( S.I. No. 381 of 2010 )

15. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2010 ( S.I. No. 380 of 2010 )

16. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2010 ( S.I. No. 159 of 2010 )

17. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2010 ( S.I. No. 158 of 2010 )

18. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2009 ( S.I. No. 129 of 2009 )

19. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2009 ( S.I. No. 128 of 2009 )

20. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 3) 2008 ( S.I. No. 378 of 2008 )

21. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 3) 2008 ( S.I. No. 377 of 2008 )

22. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2008 ( S.I. No. 237 of 2008 )

23. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2008 ( S.I. No. 236 of 2008 )

24. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2008 ( S.I. No. 10 of 2008 )

25. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2008 ( S.I. No. 9 of 2008 )

26. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2007 ( S.I. No. 548 of 2007 )

27. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2007 ( S.I. No. 547 of 2007 )

28. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2007 ( S.I. No. 411 of 2007 )

29. Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Counter Terrorism) (Financial Sanctions) Regulations 2007 ( S.I. No. 410 of 2007 )

30. Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2006 ( S.I. No. 434 of 2006 )

31. Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (2)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2006 ( S.I. No. 433 of 2006 )

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GIVEN under my Official Seal,

28 October 2015.

MICHAEL NOONAN,

Minister for Finance.

EXPLANATORY NOTE

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

These Regulations provide for the enforcement of Council Regulation (EC) No. 2580/2001 of 27 December 2001, as amended.

Section 42 of the Criminal Justice (Terrorist Offences) Act 2005 creates an offence for breach of the provisions of these Regulations, provides for appropriate penalties and empowers the Minister for Finance to make regulations providing for such incidental, supplementary and consequential provisions as appear to the Minister to be necessary.

The Regulations revoke previous domestic instruments created under Section 42 of the Criminal Justice (Terrorist Offences) Act 2005 in relation to Council Regulation (EC) No. 2580/2001 of 27 December 2001, as amended.

1 OJ No. L 344, 28.12.2001, p. 70

2 OJ No. L 206, 1.8.2015, p. 12

3 OJ No. L 106, 29.4.2003, p. 22

4 OJ No. L 236, 23.9.2003, p. 33

5 OJ No. L 197, 28.7.2005, p. 16

6 OJ No. L 314, 30.11.2005, p. 16

7 OJ No. L 272, 3.10.2006, p. 11

8 OJ No. L 363, 20.12.2006, p. 1

9 OJ No. L 352, 21.12.2012, p. 40

10 OJ No. L 158, 10.6.2013, p. 1

11 OJ No. L 187, 6.7.2013, p. 4