S.I. No. 428/2012 - Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012.

1. These Regulations may be cited as the Criminal Justice (Terrorist Offences) Act 2005 (Section 42(6)) (Counter Terrorism) (Financial Sanctions) (No. 2) Regulations 2012.

2. (1) In these Regulations—

“Council Regulation” means Council Regulation (EC) No. 2580/2001 of 27 December 2001

1

, as amended by

(

a

) Commission Regulation (EC) No. 745/2003 of 28 April 2003

2

,

(

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

3

,

(

c

) Commission Regulation (EC) No. 1207/2005 of 27 July 2005

4

,

(

d

) Commission Regulation (EC) No. 1957/2005 of 29 November 2005

5

,

(

e

) Commission Regulation (EC) No. 1461/2006 of 29 September 2006

6

, and

(

f

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

7

,

as implemented by Council Implementing Regulation (EU) No. 542/2012 of 25 June 2012

8

.

(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,

2 November 2012.

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. 19 of 2012

to take account of Council Implementing Regulation (EU) No. 542/2012 of 25 June 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. 542/2012 of 25 June 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.165, 26.06.12, p.12.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

6

th November

, 2012.

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 2001

1

, 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