S.I. No. 36/2017 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) Regulations 2017.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th February, 2017.

WHEREAS the Council Regulation No. 2580/2001 was adopted by the Council on 27 December 2001; and

WHEREAS I, MICHAEL NOONAN, Minister for Finance am of the opinion that the said Council Regulation is 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;

NOW I, MICHAEL NOONAN, Minister for Finance, in exercise of the powers conferred on me by subsections (2) and (6) 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 No. 2580/2001 of 27 December 20011 , hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) Regulations 2017.

2. (1) In these Regulations — “Act” means the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005);

“Bank” means the Central Bank of Ireland;

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

“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 that is used in these Regulations and that is also used in the Council Regulation has the same meaning in these Regulations as it has in the Council Regulation.

3. It is a requirement within the meaning of subsection (3) of section 42 of the Act that a person shall not contravene the Council Regulation.

4. (1) The Bank may, for the purposes of these Regulations and the Council Regulation, give to any person such directions as it considers appropriate.

(2) A direction under this Regulation shall be in writing.

(3) It is a requirement within the meaning of subsection (7) of section 42 of the Act that a person to whom a direction is given under this Regulation shall comply with the direction.

5. Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) (No.2) Regulations 2016 ( S.I. No. 543 of 2016 ) are revoked.

SCHEDULE

EUROPEAN ACTS AMENDING COUNCIL REGULATION NO. 2580/2001 OF 27 December 2001

1. Commission Regulation (EC) No. 745/2003 of 28 April 20032

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 founded3

3. Commission Regulation (EC) No. 1207/2005 of 27 July 20054

4. Commission Regulation (EC) No. 1957/2005 of 29 November 20055

5. Commission Regulation (EC) No. 1461/2006 of 29 September 20066

6. Commission Regulation (EC) No. 1791/2006 of 20 November 20067

7. Commission Implementing Regulation (EU) No. 1250/2012 of 20 December 20128

8. Council Regulation (EU) No. 517/2013 of 13 May 20139

9. Commission Implementing Regulation (EU) No. 646/2013 of 4 July 201310

10. Council Implementing Regulation (EU) No. 2015/2425 of 21 December 201511

11. Council Implementing Regulation (EU) No. 2016/620 of 21 April 201612

12. Council Implementing Regulation (EU) No. 2016/1127 of 12 July 201613

13. Council Regulation (EU) No. 2016/1710 of 27 September 201614

14. Council Regulations (EU) No. 2016/2373 of 22 December 201615

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GIVEN under my Official Seal,

31 January 2017.

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.L344, 28.12.2001, p.70

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

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

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

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

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

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

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

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

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

11 OJ No. L 334, 22.12.2015, p. 1

12 OJ No. L106, 22.4.2016, p. 1

13 OJ No. L 188, 13.7.2016, p. 1

14 OJ No. L 259, 27.9.2016, p. 1

15 OJ No. L 352, 23.12.2016, p. 31