S.I. No. 579/2010 - Financial Transfers (Slobodan Milosevic and Associated Persons) (Prohibition) Order (No. 2) 2010.

1. This Order may be cited as the Financial Transfers (Slobodan Milosevic and Associated Persons) (Prohibition) Order (No. 2) 2010.

2. (1) In this Order—

“Council Regulation” means Council Regulation (EC) No. 2488/2000 of 10 November 2000

1

, as amended by—

(

a

) Commission Regulation (EC) No. 1205/2001 of 19 June 2001

3

,

(

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 founded

4

,

(

c

) Commission Regulation (EC) No. 68/2006 of 16 January 2006

5

,

(

d

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

6

, and

(

e

) Council Regulation (EU) No. 554/2010 of 24 June 2010

2

.

(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 between the State and another country 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.

4. Notwithstanding Article 3 of this Order, a person who has received an authorisation under Article 4 of the Council Regulation may, subject to compliance with the terms and conditions of such authorisation, 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 purpose 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 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 (Slobodan Milosevic and Associated Persons) (Prohibition) Order 2010 (

S.I. No. 225 of 2010

) is revoked.

GIVEN under my Official Seal,

1 December 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 amends

S.I. No. 225 of 2010

to take account of Council Regulation (EU) No. 554/2010 of 24 June 2010 which makes certain technical amendments to Council Regulation 2488/2000 of 10 November 2000.

This Order prohibits financial transfers between the State and another country in respect of all funds, financial assets or economic benefits belonging to Mr. Slobodan Milosevic and those persons associated with him listed in Annex I to Council Regulation (EC) No. 2488/2000 of 10 November 2000, as amended by the Act of Accession 2004 and various Commission and Council Regulations.

1 OJ No. L.287, 14.11.00, p.19.

2 OJ No. L.159, 25.6.10, p.1.

3 OJ No. L.163, 20.6.01, p.14.

4 OJ No. L.236, 23.9.03, p.773.

5 OJ No. L.11, 17.1.06, p.11.

6 OJ No. L.363, 20.12.06, p.1.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

10

th 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. 2488/2000 of 10 November 2000

1

, as last amended by Council Regulation (EU) No. 554/2010

2

, hereby order as follows