S.I. No. 584/2010 - Financial Transfers (Côte d'Ivoire) (Prohibition) Order 2010.

1. a prohibition on financial assistance related to military activities in Cte d’Ivoire,

2. a prohibition on financial assistance related to internal repression in Cte d’Ivoire, and

3. the freezing of funds and economic resources of persons designated as constituting a threat to the peace and national reconciliation process in Cte d’Ivoire and other persons determined as being responsible for serious violations of human rights and international humanitarian law in Cte d’Ivoire or who are determined to be in violation of the arms embargo.

This order updates and replaces

S.I. No. 395 of 2009

to take account of Council Regulation (EU) No. 1032/2010 of 15 November 2010 which amends Council Regulation(EC) No. 174/2005 of 31 January 2005 to allow for certain additional derogations regarding the supply of non-lethal equipment.

The Order provides that the Central Bank of Ireland may issue instructions for the purpose 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.29, 2.2.05, p.5.

2 OJ No. L.95, 14.4.05, p.1.

3 OJ No. L.197, 28.7.05, p.21.

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

5 OJ No. L.298, 16.11.10, p.1.

6 OJ No. L.334, 12.12.08, p.60.

4. Notwithstanding Article 3 of this Order, a person who has received an authorisation under Article 4 or 4a of Council Regulation (EC) No. 174/2005 or an authorisation under Article 3 or 4 of Council Regulation (EC) No. 560/2005 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 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 (Cte D’Ivoire) (Prohibition) Order 2009 (

S.I. No. 395 of 2009

) is revoked.

GIVEN under my Official Seal,

6 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 provides for enforcement of financial sanctions prohibiting financial transfers between the State and another country, as outlined in Council Regulation (EC) No. 174/2005, as amended, or Council Regulation (EC) No. 560/2005, as amended, concerning restrictive measures against Cte d’Ivoire. The financial sanctions include

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. 174/2005 of 31 January 2005

1

, as amended, and Council Regulation (EC) No. 560/2005 of 12 April 2005

2

, as amended, hereby order as follows