Irish Statutory Instruments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th February, 2013.

I, MICHAEL NOONAN, 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 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(6)) (Counter Terrorism) (Financial Sanctions) Regulations 2013.

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 , and

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

(g) Commission Implementing Regulation (EU) No. 1250/2012 of 20 December 2012⁸ ,

as implemented by Council Implementing Regulation (EU) No. 1015/2012 of 6 November 2012⁹ and Council Implementing Regulation (EU) No. 1169/2012 of 10 December 2012¹⁰ .

(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. The Central Bank 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.

GIVEN under my Official Seal,

13 February 2013.

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. 428 of 2012 to take account of Council Implementing Regulation (EU) No. 1169/2012 of 10 December 2012.

These Regulations provide that the Central Bank of Ireland may issue instructions for the purpose of giving full effect to financial sanctions against any persons, groups or entities listed under Council Implementing Regulation (EU) No. 1169/2012 of 10 December 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.352, 21.12.12, p.40.

9 OJ No. L.307, 07.11.12, p.3.

10 OJ No. L.337,11.12.12, p.2.