S.I. No. 368/2011 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No.3) Regulations 2011.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2011.

I, MICHEAL NOONAN, Minister for Finance, in exercise of the powers conferred on me by section 42 (2) of the Criminal Justice (Terrorist Offences) Act 2005 (No. 2 of 2005), for the purpose of giving full effect to certain acts that are adopted by the institutions of the European Communities, and being of the opinion that Council Regulation (EC) No. 881/2002 of 27 May 20021 , 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(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No.3) Regulations 2011.

2. (1) In these Regulations—

“Council Regulation” means Council Regulation (EC) No. 881/2002 of 27 May 20021, as amended by—

(a) Council Regulation (EC) No. 561/2003 of 27 March 20032 ,

(b) 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 ,

(c) Council Regulation (EC) No. 1791/2006 of 20 November 20064 ,

(d) the amending Commission Regulations and corrigenda cited or referred to in the Criminal Justice (Terrorist Offences) Act 2005 (Section 42(2)) (Usama bin Laden, the Al-Qaida network and the Taliban) (Financial Sanctions) (No.2) Regulations 2011 ( S.I. No. 184 of 2011 ),

(e) Commission Implementing Regulation (EU) No. 480/2011 of 18 May 20115 ,

(f) Commission Implementing Regulation (EU) No. 577/2011 of 16 June 20116 .

(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.

3. Every person shall comply with the Council Regulation.

4. A person shall not do anything to directly or indirectly circumvent the provisions of the Council Regulation or of these Regulations.

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GIVEN under my Official Seal,

12 July 2011.

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 enforcement of financial sanctions against certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban imposed by Council Regulation (EC) No. 881/2002 of 27 May 2002, as amended by Council Regulation (EC) No. 561/2003 of 27 March 2003, Annex II of Act of Accession 2004, Council Regulation (EC) No. 1791/2006 of 20 November 2006 and various Council and Commission Regulations.

This update provides for enforcement of the additional amending Commission Regulations, which amends the asset-freeze list:

Commission Implementing Regulation (EU) No. 480/2011 of 18 May 2011, and Commission Implementing Regulation (EU) No. 577/2011 of 16 June 2011.

Section 42 of the Criminal Justice (Terrorist Offences) Act 2005 creates an offence for breach of the provisions of these Regulations and provides for appropriate penalties.

1 OJ No. L.139, 29.5.02, p.9.

2 OJ No. L.82, 29.3.03, p.1.

3 OJ No. L.236, 23.9.03, p.773.

4 OJ No. L.363, 20.12.06, p.1.

5 OJ No. L.132, 19.05.11, p.6.

6 OJ No. L.159, 17.06.11, p.69.