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S.I. No. 143/2003 - European Communities (Burma/Myanmar) (Sanctions) Regulations 2003

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 effect to Council Regulation (EC) No. 1081/2000 of 22 May 20001 , as amended, hereby make the following regulations:

1.        These Regulations may be cited as the European Communities (Burma/Myanmar) (Sanctions) Regulations 2003.

2.        (1)        In these Regulations —

“Central Bank” means Central Bank of Ireland;

“Council Regulation” means Council Regulation (EC) No. 1081/2000 of 22 May 20001 above as amended by Commission Regulation (EC) No. 1883/2002 of 22 October 20022 .

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

4.        A person making available funds or financial resources, either directly or indirectly, to or for the benefit of, persons, entities or bodies listed in Annex II to the Council Regulation shall be guilty of an offence.

5.        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.

6.        A person to whom a direction has been given or an instruction issued under Regulation 5 shall comply with such direction or instruction.

7.        A person who fails to comply with a direction or an instruction issued under Regulation 5 shall be guilty of an offence.

9.        A person guilty of an offence pursuant to Regulation 3, Regulation 4 or Regulation 7 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.

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GIVEN under my Official Seal,

this 14th day of April 2003.

 

___________________

 

CHARLIE McCREEVY

 

Minister for Finance.

Explanatory Note

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

The Regulation provides for penalties for breach of financial sanctions against certain persons related to important governmental functions in Burma / Myanmar who are listed in Annex II to Council Regulation (EC) No. 1081/2000 of 22 May 2000 as amended by Commission Regulation (EC) No. 1883/2002 of 22 October 2002.

1 O.J. No. L122, 24.5.2000, p.29.

1 O.J. No. L122, 24.5.2000, p.29.

2 O.J. No. L285, 23.10.2002, p.17.