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


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th November, 2012.

I, MICHAEL 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 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(2)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012.

2. (1) In these Regulations—

“Council Regulation” means Council Regulation (EC) No. 2580/2001 of 27 December 20011, as amended by:

(a) Commission Regulation (EC) No. 745/2003 of 28 April 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) Commission Regulation (EC) No. 1207/2005 of 27 July 20054 ,

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

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

(f) Council Regulation (EC) No. 1791/2006 of 20 November 20067 ,

as implemented by Council Implementing Regulation (EU) No. 542/2012 of 25 June 20128 .

(2) A word or expression that is used in these Regulations has, unless the context otherwise requires, the same meaning 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 these Regulations.

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GIVEN under my Official Seal,

2 November 2012.

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 update S.I. No. 18 of 2012 to take account of Council Implementing Regulation (EU) No. 542/2012 of 25 June 2012.

These Regulations provide for enforcement of financial sanctions against any persons, groups or entities listed under Council Implementing Regulation (EU) No. 542/2012 of 25 June 2012, in accordance with Council Regulation (EC) No. 2580/2001 of 27 December 2001, as amended by various Council and Commission Regulations.

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.344, 28.12.01, p.70.

2 OJ No. L.106, 29.04.03, p.22.

3 OJ No. L.236, 23.09.03, p.773.

4 OJ No. L.197, 28.07.05, p. 16.

5 OJ No. L.314, 30.11.05, p.16.

6 OJ No. L.272, 03.10.06, p.11.

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

8 OJ No. L.165, 26.06.12, p.12.