S.I. No. 535/2007 - Criminal Justice (Terrorist offences) Act 2005 (Section 42(6)) (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2007


S.I. No. 535 of 2007

CRIMINAL JUSTICE (TERRORIST OFFENCES) ACT 2005 (SECTION 42(6)) (USAMA BIN LADEN, AL-QAIDA AND TALIBAN OF AFGHANISTAN) (FINANCIAL SANCTIONS) REGULATIONS (NO. 2) 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 27th 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. 881/2002 of 27 May 2002 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)) (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations (No. 2) 2007.

2. In these Regulations—

“Council Regulation” means Council Regulation (EC) No. 881/2002 of 27 May 2002 1 , as amended by—

(a) Council Regulation (EC) No. 561/2003 of 27 March 2003 2 ,

(b) Annex II of Act of Accession 2004 3 ,

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

(d) the amending Commission Regulations and corrigenda cited or referred to in the Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Financial Sanctions) Regulations 2007 ( S.I. No. 206 of 2007 ),

(e) Commission Regulation (EC) No. 492/2007 of 3 May 2007 5 ,

(f) Commission Regulation (EC) No. 507/2007 of 8 May 2007 6 ,

(g) Commission Regulation (EC) No. 553/2007 of 22 May 2007 7 ,

(h) Commission Regulation (EC) No. 639/2007 of 8 June 2007 8 ,

(i) Commission Regulation (EC) No. 732/2007 of 26 June 2007 9 , and

(j) Commission Regulation (EC) No. 760/2007 of 29 June 2007 10 .

3. 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.

4. 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.

5. 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,

20 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 certain persons and entities associated with Usama bin Laden, the Al-Qaida network and the Taliban of Afghanistan 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 Commission Regulations, and provide for penalties for failure to comply with those instructions.

1 OJ No. L139, 29.5.2002, p. 9.

2 OJ No. L82, 29.3.2003, p. 1.

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

4 OJ No. L363, 20.12.2006, p. 1.

5 OJ No. L116, 4.5.2007, p. 5.

6 OJ No. L119, 9.5.2007, p. 27.

7 OJ No. L131, 23.5.2007, p. 16.

8 OJ No. L148, 9.6.2007, p. 5.

9 OJ No. L166, 28.6.2007, p. 13.

10 OJ No. L172, 30.6.2007, p. 50.