S.I. No. 457/2004 - European Communities (Usama Bin Laden, Al-Qaida and Taliban of Afghanistan) (Sanctions) Regulations 2004

1. These Regulations may be cited as the European Communities (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Sanctions) Regulations 2004.

2. (1) In these Regulations—

“Central Bank” means Central Bank and Financial Services Authority of Ireland;

“Council Regulations” means Council Regulations (EC) No. 881/2002 of 27 May 2002

1

, as amended by

(i) Council Regulation (EC) No. 561/2003 of 27 March 2003

2

,

(ii) Commission Regulation (EC) No. 951/2002 of 3 June 2002

3

,

(iii) Commission Regulation (EC) No. 1580/2002 of 4 September 2002

4

,

(iv) Commission Regulation (EC) No. 1644/2002 of 13 September 2002

5

,

(v) Commission Regulation (EC) No. 1754/2002 of 1 October 2002

6

,

(vi) Commission Regulation (EC) No. 1823/2002 of 11 October 2002

7

,

(vii) Commission Regulation (EC) No. 1893/2002 of 23 October 2002

8

,

(viii) Commission Regulation (EC) No. 1935/2002 of 29 October 2002

9

,

(ix) Commission Regulation (EC) No. 2083/2002 of 22 November 2002

10

,

(x) Commission Regulation (EC) No. 145/2003 of 27 January 2003

11

,

(xi) Commission Regulation (EC) No. 215/2003 of 3 February 2003

12

,

(xii) Commission Regulation (EC) No. 244/2003 of 7 February 2003

13

,

(xiii) Commission Regulation (EC) No. 342/2003 of 21 February 2003

14

,

(xiv) Commission Regulation (EC) No. 350/2003 of 25 February 2003

15

,

(xv) Commission Regulation (EC) No. 370/2003 of 27 February 2003

16

,

(xvi) Commission Regulation (EC) No. 414/2003 of 5 March 2003

17

,

(xvii) Commission Regulation (EC) No. 742/2003 of 28 April 2003

18

,

(xviii) Commission Regulation (EC) No. 866/2003 of 19 May 2003

19

,

(xix) Commission Regulation (EC) No. 1012/2003 of 12 June 2003

20

,

(xx) Commission Regulation (EC) No. 1184/2003 of 2 July 2003

21

,

(xxi) Commission Regulation (EC) No. 1456/2003 of 14 August 2003

22

,

(xxii) Commission Regulation (EC) No. 1607/2003 of 12 September 2003

23

,

(xxiii) Commission Regulation (EC) No. 1724/2003 of 29 September 2003

24

,

(xxiv) Commission Regulation (EC) No. 1991/2003 of 12 November 2003

25

,

(xxv) Commission Regulation (EC) No. 2049/2003 of 20 November 2003

26

,

(xxvi) Commission Regulation (EC) No. 2157/2003 of 10 December 2003

27

,

(xxvii) Commission Regulation (EC) No. 19/2004 of 7 January 2004

28

,

(xxviii) Commission Regulation (EC) No. 100/2004 of 21 January 2004

29

,

(xxix) Commission Regulation (EC) No. 180/2004 of 30 January 2004

30

,

(xxx) Commission Regulation (EC) No. 391/2004 of 1 March 2004

31

,

(xxxi) Commission Regulation (EC) No. 524/2004 of 19 March 2004

32

,

(xxxii) Commission Regulation (EC) No. 667/2004 of 7 April 2004

33

,

(xxxiii) Commission Regulation (EC) No. 950/2004 of 6 May 2004

34

,

(xxxiv) Commission Regulation (EC) No. 984/2004 of 14 May 2004

35

,

(xxxv) Commission Regulation (EC) No. 1187/2004 of 25 June 2004

36

,

(xxxvi) Commission Regulation (EC) No. 1237/2004 of 5 July 2004

37

and,

(xxxvii) Commission Regulation (EC) No. 1277/2004 of 12 July 2004

38

;

“persons” includes a natural or legal person, group, entity or body;

“competent authority” means a competent authority within the State specified in Annex II to the Council Regulation.

(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) In these Regulations, unless otherwise indicated, a reference to a Regulation is a reference to a Regulation in these Regulations.

3. Subject to Regulation 5, a person who transfers funds or economic resources that are frozen by virtue of the Council Regulations shall be guilty of an offence.

4. Subject to Regulation 5, a person making available funds or economic resources, either directly or indirectly, which is prohibited by virtue of the Council Regulation shall be guilty of an offence.

5. Regulations 3 and 4 shall not apply in a case where a competent authority has made a determination and granted a request in accordance with Article 2a of the Council Regulation.

6. The Central Bank 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.

7. A person who fails to comply with a direction given or an instruction issued under Regulation 6 shall be guilty of an offence.

8. A person guilty of an offence under these Regulations shall be liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both.

9. Where an offence under these Regulations is committed by a body corporate and is proved to have been so committed with the consent, connivance or approval of or to have been attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate or a person who was purporting to act in any such capacity, that that person as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first mentioned offence.

10. The European Communities (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Sanctions) Regulations 2003 [

S.I. No. 137 of 2003

] is revoked.

GIVEN under my Official Seal, this 23rd day of July 2004.

CHARLIE McCREEVY,

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 for penalties for breach of 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 and the Commission Regulations referred to in this Regulation.

1

OJ No. L139, 29.5.2002, p. 9.

1

OJ No. L139, 29.5.2002, p. 9.

2

OJ No. L82, 29.3.2003, p. 1.

3

OJ No. L145, 4.6.2002, p. 14.

4

OJ No. L237, 5.9.2002, p. 3.

5

OJ No. L247, 14.9.2002, p. 25.

6

OJ No. L264, 2.10.2002, p. 23.

7

OJ No. L276, 12.10.2002, p. 26.

8

OJ No. L286, 24.10.2002, p. 19.

9

OJ No. L295, 30.10.2002, p. 11.

10

OJ No. L319, 23.11.2002, p. 22.

11

OJ No. L23, 28.1.2003, p. 22.

12

OJ No. L28, 4.2.2003, p. 41.

13

OJ No. L33, 8.2.2003, p. 28.

14

OJ No. L49, 22.2.2003, p. 13.

15

OJ No. L51, 26.2.2003, p. 19.

16

OJ No. L53, 28.2.2003, p. 33.

17

OJ No. L62, 6.3.2003, p. 24.

18

OJ No. L106, 29.4.2003, p. 16.

19

OJ No. L124, 20.5.2003, p. 19.

20

OJ No. L146, 13.6.2003, p. 50.

21

OJ No. L165, 3.7.2003, p. 21.

22

OJ No. L206, 15.8.2003, p. 27.

23

OJ No. L229, 13.9.2003, p. 19.

24

OJ No. L247, 30.9.2003, p. 18.

25

OJ No. L295, 13.11.2003, p. 81.

26

OJ No. L303, 21.11.2003, p. 20.

27

OJ No. L324, 11.12.2003, p. 17.

28

OJ No. L4, 8.1.2004, p. 11.

29

OJ No. L15, 22.1.2004, p. 18.

30

OJ No. L28, 31.1.2004, p. 15.

31

OJ No. L64, 2.3.2004, p. 36.

32

OJ No. L83, 20.3.2004, p. 10.

33

OJ No. L104, 8.4.2004, p. 110.

34

OJ No. L173, 7.5.2004, p. 6.

35

OJ No. L180, 15.5.2004, p. 24.

36

OJ No. L227, 26.6.2004, p. 19.

37

OJ No. L235, 6.7.2004, p. 5.

38

OJ No. L241, 13.7.2004, p. 12.

I, CHARLIE McCREEVY, Minister for Finance, in exercise of the powers conferred on me by

section 3

of the

European Communities Act 1972

(No. 27 of 1972) and for the purpose of giving effect to Council Regulation (EC) No. 881/2002 of 27 May 2002

1

as amended, hereby make the following Regulations