S.I. No. 411/2007 - Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2007


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 10th July, 2007.

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 2001 1 , 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 2007.

2. (1) In these Regulations—

“Council Regulation” means Council Regulation (EC) No. 2580/2001 of 27 December 2001 1 , as amended by:

(a) Annex II of Act of Accession 2004 2 ,

(b) the Commission Regulations cited or referred to in the Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) Regulations (No. 2) 2006 ( S.I. No. 434 of 2006 ),

(c) Commission Regulation (EC) No. 1461/2006 of 29 September 2006 3 , and

(d) Council Regulation (EC) No. 1791/2006 of 20 November 2006 4 ,

as implemented by Council Decision No. 2006/379/EC of 29 May 2006 5 and Council Decision No. 2006/1008/EC of 21 December 2006 6 .

(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. The Central Bank and Financial Services Authority of Ireland 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.

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GIVEN under my Official Seal,

4 July 2007

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 that the Central Bank and Financial Services Authority of Ireland may issue instructions for the purposes of giving full effect to financial sanctions against any persons, groups or entities listed in Council Decision 2006/379/EC of 29 May 2006 and Council Decision 2006/1008/EC of 21 December 2006 in accordance with Council Regulation (EC) No. 2580/2001 of 27 December 2001, as amended by various Council and Commission Regulations, and provide for penalties for failure to comply with those instructions.

1 OJ No. L344, 28.12.2001, p. 70.

2 OJ No. L236, 23.9.2003, p.773.

3 OJ No. L272, 3.10.2006, p.11.

4 OJ No. L363, 20.12.2006, p1.

5 OJ No. L144, 31.05.2006, p.21.

6 OJ No. L379, 28.12.2006, p.123.