S.I. No. 821/2005 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.2) 2005


S.I. No. 821 of 2005

REGULATIONS

entitled

Criminal Justice (Terrorist Offences) Act 2005 (Section 42 (6)) (Counter Terrorism) (Financial Sanctions) Regulations (No.2) 2005


Made by the Minister for Finance.

I, Brian Cowen, Minister for Finance, in exercise of the powers conferred on me by section 42 (6) of the Criminal Justice (Terrorist Offences) Act 2005 (No 2 of 2005) for the purpose of giving effect to certain acts that are adopted by the institutions of the European Communities, and being of the opinion that Council Regulation (EC No. 2580/2001 of 27 December 20011 , as amended, 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, hereby make the following Regulations:

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

2.   (1) In these Regulations -

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

“Council Regulation” means Council Regulation (EC) No. 2580/2001 of 27 December1 , as amended by:

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

(ii)     Act of Accession 2004, Annex II, Section 20, point 113 ,

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

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

and implemented by Council Decision No. 2005/848/EC of 29 November 20056 ;

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

(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.   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.

4.   A person to whom a direction is given or an instruction is issued under Regulation 3 shall comply with such direction or instruction.

5.   The Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2005 ( S.I. No. 421 of 2005 ) is revoked.

 

GIVEN under my Official Seal,

14th December 2005.

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Brian Cowen

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 any persons, groups or entities listed in Council Decision No. 2005/848/EC of 29 November 2005 which have been frozen in accordance with Council Regulation (EC) No. 2580/2001 of 27 December 2001 as amended by Commission Regulation (EC) No. 745/2003 of 28 April 2003, Act of Accession 2004, Annex II Section 20 point 11, Commission Regulation (EC) No 1207/2005 of 27 July 2005 and Commission Regulation (EC) No 1957/2005 of 29 November 2005.

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

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

2 O.J. No. L 106, 29.4.2003, p.22

3 O.J. No. L 236, 23.9.2003, p.773

4 O.J. No. L 197, 28.7.2005, p.16

5 O.J. No. L 314, 30.11.2005, p.16

6 OJ No. L 314, 30.11.2005, p.46