S.I. No. 492/2019 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures Concerning Certain Persons and Entities with a View to Combating Terrorism) Regulations (No.2) 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th October, 2019.

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

WHEREAS I, PASCHAL DONOHOE, 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, PASCHAL DONOHOE, 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 (EC) 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 (No.2) 2019.

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 (EC) 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. The Criminal Justice (Terrorist Offences) Act 2005 (Section 42) (Restrictive Measures concerning Certain Persons and Entities with a view to Combating Terrorism) Regulations 2019 (S.I. No. 85 of 2019) are revoked.

SCHEDULE

EUROPEAN ACTS AMENDING COUNCIL REGULATION (EC) 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. Council 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) 2015/2425 of 21 December 201511

11. Council Implementing Regulation (EU) 2016/620 of 21 April 201612

12. Council Implementing Regulation (EU) 2016/1127 of 12 July 201613

13. Council Regulation (EU) 2016/1710 of 27 September 201614

14. Council Regulation (EU) 2016/2373 of 22 December 201615

15. Council Regulation (EU) 2017/150 of 27 January 201716

16. Council Implementing Regulation (EU) 2017/965 of 8 June 201717

17. Council Implementing Regulation (EU) 2017/1420 of 4 August 201718

18. Council Regulation (EU) 2017/2061 of 13 November 201719

19. Council Implementing Regulation (EU) 2017/2064 of 13 November 201720

20. Council Implementing Regulation (EU) 2018/468 of 21 March 201821

21. Council Implementing Regulation (EU) 2018/1071 of 30 July 201822

22. Council Implementing Regulation (EU) 2019/24 of 8 January 201923

23. Commission Implementing Regulation (EU) 2019/1163 of 5 July 201924

24. Council Implementing Regulation (EU) 2019/1337 of 8 August 201925

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GIVEN under the Official Seal of the Minister for Finance

28 September, 2019.

PASCHAL DONOHOE,

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. L 344, 28.12.2001, p.70

1 OJ No. L 344, 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. L 106, 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

16 OJ No. L 23, 28.01.2017, p. 3

17 OJ No. L 146, 9.6.2017, p. 6

18 OJ No. L 204, 5.8.2017, p. 3

19 OJ No. L 295, 14.11.2017, p. 3

20 OJ No. L 295, 14.11.2017, p. 38

21 OJ No. L 79, 22.3.2018, p. 7

22 OJ No. L 194, 31.7.2018, p. 23

23 OJ No. L 6, 9.1.2019, p. 2

24 OJ No. L 182, 8.7.2019, p. 33

25 OJ No. L 209, 9.8.2019, p. 1