S.I. No. 157 of 2005

European Communities (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Financial Sanctions) Regulations, 2005

I, Brian Cowen, 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 effect to Council Regulation (EC) No. 1763/2004 of 11 October 2004¹ , as amended, hereby make the following regulations:

1.       These Regulations may be cited as the European Communities (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Financial Sanctions) Regulations, 2005.

2.       (1)      In these Regulations -

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

“Council Regulation” means Council Regulation (EC) No. 1763/2004 of 11 October 2004¹ , as amended by:

(i) Commission Regulation (EC) No 1965/2004 of 15 November 2004²

(ii) Commission Regulation (EC) No. 2233/2004 of 22 December 2004³

(iii) Commission Regulation (EC) No. 295/2005 of 22 February 2005⁴

(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 or economic resources 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 economic resources, either directly or indirectly, which is prohibited by virtue of the Council Regulation shall be guilty of an offence.

5.       Regulations 3 and 4 shall not apply in a case where a specific authorisation for a derogation has been granted in accordance with Article 3 or Article 4 of the Council Regulation.

6.       The Central Bank may, for the purposes of 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 who fails to comply with a direction or an instruction issued under Regulation 6 shall be guilty of an offence.

8.       A person guilty of an offence under 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.

9.       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).

These Regulations provide for penalties for breach of financial sanctions against certain persons indicted by the International Criminal Tribunal for the former Yugoslavia (ICTY) who are listed in Annex I Council Regulation (EC) No. 1763/2004 of 11 October 2004, imposing certain restrictive measures in support of effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY), as amended by Commission Regulation (EC) No 1965/2004 of 15 November 2004, Commission Regulation (EC) No 2233/2004 of 22 December 2004 and Commission Regulation (EC) No 295/2005 of 23 February 2005.

¹ O.J. No. L315, 14.10.2004, p.14

¹ O.J. No. L315, 14.10.2004, p.14

² O.J. No. L339, 16.11.2004, p4.

³ O.J. No. L379, 24.12.2004, p75

⁴ O.J. No. L50, 23.2.2005, p5.