Security Council Resolutions (Terrorism)

L.N. 421 of 2015

NATIONAL INTEREST (ENABLING POWERS) ACT

(CAP. 365)

Security Council Resolutions (Terrorism)

(Amendment) Regulations, 2015

IN exercise of the powers conferred by article 3 of the National

Interest (Enabling Powers) Act, the Prime Minister has made the

following regulations:-

The title of these regulations is the Security Council

Resolutions (Terrorism) (Amendment) Regulations, 2015, and these

regulations shall be read and construed as one with the Security

Council Resolutions (Terrorism) Regulations, hereinafter referred to

as "the principal regulations".

Immediately after regulation 3 of the principal regulations,

there shall be added the following new regulations

" Notification

(1)

Where any of the provisions

about freezing

of any resolution referred to in regulation 2

of assets.

requires any person or any other entity to carry

out the identification of funds or assets

belonging to or in the possession of persons or

entities as may be identified or identifiable

under those resolutions, or the freezing or

blocking of such funds or assets, such person or

entity shall without delay undertake the said

identification, and freezing or blocking, of such

funds and assets, and shall forthwith notify in

writing any relevant information it may have

regarding persons, entities, assets or funds

affected by those resolutions to the Sanctions

Monitoring Board, or to such other public

authority as may be prescribed by any other law.

(2) The disclosure of any information

within the terms and requirements of this

regulation shall not constitute a breach of the

Professional Secrecy Act, where applicable, or

of any other confidentiality obligation arising

from a contract or any other law.

(1)

Where an offence against any

Corporate

liability.

provision of the Security Council Resolutions to

which these regulations apply, or against these

regulations, is committed by a body of persons,

whether corporate or unincorporate, every

person who, at the time of the commission of the

offence, was a director, manager, secretary or

other similar officer of such body or association,

or was purporting to act in any such capacity,

shall be guilty of that offence unless he proves

that the offence was committed without his

knowledge and that he exercised all due

diligence to prevent the commission of the

offence.

(2) Where the person found guilty of an

offence under these regulations is an officer of a

body corporate as is referred to in article 121D

of the Criminal Code or is a person having a

power of representation or having such authority

as is referred to in that article and the offence of

which that person was found guilty was

committed for the benefit, in part or in whole, of

that body corporate, the said person shall for the

purposes of these regulations be deemed to be

vested with the legal representation of the same

body corporate which shall be liable to the

payment of a fine (multa) of not less than eighty

thousand euro (€80,000) and not more than ten

million euro (€10,000,000).

Any person who commits an offence

Penalty.

against any provision of the Security Council

Resolutions to which these regulations apply, or

against these regulations shall, on conviction, be

liable to imprisonment for a term from twelve

months to twelve years or to a fine (multa) of not

less than twenty-five thousand euro (€25,000)

and exceeding five million euro (€5,000,000), or

to both such imprisonment and fine.".

B

€0.27