STATUTORY INSTRUMENTS.

S.I. No. 458 of 2004 .

FINANCIAL TRANSFERS (COUNTER TERRORISM) ORDER 2004.

S.I. No. 458 of 2004 .

FINANCIAL TRANSFERS (COUNTER TERRORISM) ORDER 2004.

I, CHARLIE McCREEVY, 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 further effect to Council Regulation (EC) No. 2580/2001 of 27 December 2001¹ as amended, hereby order as follows:

1. This Order may be cited as the Financial Transfers (Counter Terrorism) Order 2004.

2. (1) In this Order--

“Central Bank” means Central Bank and Financial Services Authority of Ireland;

“Council Regulation” means Council Regulation (EC) No. 2580/2001 of 27 December 2001¹ as amended by Council Regulation (EC) No. 745/2003 of 28 April 2003² ;

“Council Decision” means Council Decision 2004/306/EC of 2 April 2004³ ;

“persons” includes a natural or legal person, group, entity or body.

(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. This Order applies to financial transfers--

(a) in respect of all funds, financial assets or economic resources belonging to any persons listed in Article 1 of the Council Decision and which have been frozed in accordance with the Council Regulation:

(b) relating to the making available of funds, financial assets or economic resources, either directly or indirectly, to or for the benefit of the persons referred to in paragraph (a), and

(c) relating to the provision of financial services which are prohibited by virtue of the Council Regulation.

4. A person shall not make a financial transfer to which this Order applies between the State and another country.

5. Notwithstanding Article 4 of this Order, a person may make a financial transfer to which this Order applies where that person has received a specific authorisation in accordance with either Article 5(2) or Article 6 of the Council Regulation.

6. The Central Bank may, for the purposes of the supervision of financial transfers and for the administration and enforement of the provisions of this Order, 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 Article 6 of this Order shall comply with such direction or instruction.

8. A person shall not do anything to directly or indirectly assist in the circumvention of the provisions of this Order.

9. The Financial Transfers (Counter Terrorism) Order 2003 ( S.I. No. 134 of 2003 ) is revoked.

EXPLANATORY NOTE.

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

This Order prohibits financial transfers between the State and another country in respect of all funds, financial assets or economic resources belonging to any persons, groups or entities listed in Council Decision 2004/306/EC of 2 April 2004 which have been frozen in accordance with Council Regulation (EC) No. 2580/2001 of 27 December 2001 as amended by Council Regulation (EC) No. 745/2003 of 28 April 2003.

¹ OJ No. L344, 28.12.2001, p.70.

¹ OJ No. L344, 28.12.2001, p.70.

² OJ No. L106, 29.4.2003, p.22.

³ OJ No. L99, 3.4.2004, p.28.