S.I. No. 904/2005 - European Communities (Zimbabwe) (Sanctions) Regulations (No. 3) 2005


S.I. No. 904 of 2005 .

EUROPEAN COMMUNITIES (ZIMBABWE) (SANCTIONS) REGULATIONS (No. 3) 2005.

I, BRIAN COWAN, 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. 314/2004 of 19 February 20041 as amended, hereby make the following regulations:

1.  These Regulations may be cited as the European Communities (Zimbabwe) (Sanctions) Regulations (No. 3) 2005.

2.  (1)  In these Regulations—

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

“Council Regulation” means Council Regulation (EC) No. 314/2004 of 19 February 20041 , as amended by:

(i)   Commission Regulation (EC) No. 1488/2004 of 20 August 20042

(ii)   Commission Regulation (EC) No. 898/2005 of 15 June 20053

(iii)  Commission Regulation (EC) No. 1272/2005 of 1 August 20054

(iv)  Commission Regulation (EC) No. 1367/2005 of 19 August 20055 .

(2)  A word or expression which 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 transferring funds financial assets or economic resources which are frozen by virtue of the Council Regulation 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 specific authorisation for a derogation has been granted in accordance with Article 7 of the Council Regulation.

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

7.  A person who fails to comply with a direction 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 €5,000 or to imprisonment for a term not exceeding 12 months or to 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 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 (Zimbabwe)(Sanctions Regulations (No. 2) 2005 ( S.I. No. 431 of 2005 ) are revoked.

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GIVEN under my Official Seal,

20th day December 2005.

 

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.)

The Regulations provide for penalties for breach of financial sanctions against senior members of the Zimbabwean government imposed by Council Regulation (EC) No. 314/2004 of 19 February 2004, as amended by various Commission Regulations referred to in this Regulation.

1O.J. No. L55, 24.2.2004, p.1

1O.J. No. L55, 24.2.2004, p.1

2OJ No. L273, 21.8.2004, p. 12

3OJ No. L153, 16.6.2005, p. 9

4OJ No. L201, 2.8.2005, p. 40

5OJ No. L216, 20.8.2005, p.9