S.I. No. 571/2010 - Financial Transfers (Lebanon) (Prohibition) Order 2010.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 3rd December, 2010.

I, BRIAN LENIHAN, Minister for Finance, in exercise of the powers conferred on me by section 4 of the Financial Transfers Act 1992 (No. 27 of 1992) and for the purpose of giving full effect to Council Regulation (EC) No. 1412/2006 of 25 September 20061 , as last amended by Council Regulation (EU) No. 555/2010 of 24 June 20102 , hereby order as follows:

1. This Order may be cited as the Financial Transfers (Lebanon) (Prohibition) Order 2010.

2. (1) In this Order “Council Regulation” means Council Regulation (EC) No. 1412/2006 of 25 September 20061, and Corrigendum3 , as amended by—

(a) Commission Regulation (EC) No. 690/2007 of 19 June 20074 , and

(b) Council Regulation (EU) No. 555/2010 of 24 June 20102.

(2) A word or expression which is used in this Order and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in this Order as it has in the Council Regulation.

3. A person shall not make a financial transfer, the effect of which would be to enable or facilitate, directly or indirectly, the doing of any thing which is a breach of the Council Regulation, between the State and another country.

4. Notwithstanding Article 3 of this Order, a person who has received a prior authorisation under Article 3 of the Council Regulation may, subject to compliance with the terms and conditions of it, do such of the things referred to in Article 3 of this Order as are so authorised.

5. The Central Bank of Ireland may, for the purposes of supervision of financial transfers and for the administration and enforcement of the provisions of this Order, give such directions or issue such instructions to a person as it sees fit.

6. A person to whom a direction has been given or an instruction issued under Article 5 of this Order shall comply with such direction or instruction.

7. A person shall not do anything to directly or indirectly assist in the circumvention of the provisions of this Order.

8. The Financial Transfers (Lebanon) (Prohibition) Order 2007 ( S.I. No. 646 of 2007 ) is revoked.

/images/ls

GIVEN under my Official Seal,

29 November 2010.

BRIAN LENIHAN,

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for enforcement of financial sanctions as outlined in Council Regulation (EC) No. 1412/2006 of 25 September 2006 concerning restrictive measures on the provision of military equipment for use in Lebanon and any related technical or financial assistance, as amended by Council Regulation (EU) No. 555/2010 of 24 June 2010 which makes certain technical amendments to Council Regulation (EC) No. 1412/2006 of 25 September 2006.

The Order also provides that the Central Bank of Ireland may issue instructions for the purposes of giving full effect to the financial sanctions and requires compliance with such instructions.

The Financial Transfers Act 1992 allows for control of financial transfers between the State and other countries, creates an offence for breach of the provisions of any Order made under it and provides for appropriate penalties.

1 OJ No. L. 267, 27.9.06, p.2.

2 OJ No. L. 159, 25.6.10, p.5.

3 OJ No. L. 319, 18.11.06, p.51.

4 OJ No. L. 159, 20.6.07, p.39.