S.I. No. 74 of 2002

REGULATIONS

European Communities (Angola) (Sanctions) Regulations 2002

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 further effect to Council Regulation (EC) No. 1705/98 of 28 July 1998¹ , as amended, hereby make the following regulations:

1.         These Regulations may be cited as the European Communities (Angola) (Sanctions) Regulations 2002.

2.         (1)       In these Regulations -

“Central Bank” means Central Bank of Ireland;

“Council Regulation” means Council Regulation (EC) No. 1705/98 of 28 July 1998¹ , as amended by Commission Regulation (EC) No. 753/1999 of 12 April 1999² , Commission Regulation (EC) No.2231/2001 of 16 November 2001³ and Commission Regulation (EC) No.2536/2001 of 21 December 2001⁴ .

(2)       A word or expression which is used in this Order 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 transferring funds which are frozen by virtue of the Council Regulation shall be guilty of an offence.

4.         Subject to Regulation 5, a person making available funds or financial resources, either directly or indirectly, to or for the benefit of, União Nacional para a Independência Total de Angola (UNITA) or persons, entities or bodies listed in Annex VII to the Council Regulation shall be guilty of an offence.

5.         Regulations 3 and 4 shall not apply in a case where an exemption has been granted in accordance with the Council Regulation.

6.         The Central Bank may, for the purposes of the supervision of financial transfers and for the administration and enforcement of the provisions of these Regulations, give such directions or issue such instructions to a person as it sees fit.

7.         A person to whom a direction has been given or an instruction issued under Regulation 6 shall comply with such direction or instruction.

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

9.         A person guilty of an offence pursuant to Regulation 3, Regulation 4 or Regulation 8 of 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 to both.

10.       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 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.

Explanatory Note

(This note is not part of the Statutory Instrument and does not purport to be a legal interpretation).

The Regulations are made on foot of powers conferred by section 3 of the European Communities Act, 1972 ( No. 27 of 1972 ).

The Regulations provide for penalties for breach of financial sanctions against the União Nacional para a Independência Total de Angola (UNITA) imposed by Council Regulation (EC) No. 1705/98 of 28 July, 1998, as amended.

¹ O.J. No. L215, 1.8.1998, p.1

¹ O.J. No. L215, 1.8.1998, p.1

² O.J. No. L98, 13.4.1999, p.3

³ O.J. No. 301, 17.11.2001, p.17

⁴ O.J. No. 341, 22.12.2001, p. 70