S.I. No. 578/2010 - European Union (Slobodan Milosevic and Associated Persons) (Financial Sanctions) Regulations 2010.
Notice of the making of this Statutory Instrument was published in | ||
“Iris Oifigiúil” of 10th December, 2010. | ||
I, BRIAN LENIHAN, 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 full effect to Council Regulation (EC) No. 2488/2000 of 10 November 20001 , as last amended by Council Regulation (EU) No. 554/20102 , hereby make the following regulations: | ||
1. These Regulations may be cited as the European Union (Slobodan Milosevic and Associated Persons) (Financial Sanctions) Regulations 2010. | ||
2. (1) In these Regulations— | ||
“Council Regulation” means Council Regulation (EC) No. 2488/2000 of 10 November 20001, as amended by— | ||
(a) Commission Regulation (EC) No. 1205/2001 of 19 June 20013 , | ||
(b) Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded 4 , | ||
(c) Commission Regulation (EC) No. 68/2006 of 16 January 20065 , | ||
(d) Council Regulation (EC) No. 1791/2006 of 20 November 20066 , and | ||
(e) Council Regulation (EU) No. 554/2010 of 24 June 20102. | ||
(2) A word or expression which is used in these Regulations and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in these Regulations as it has in the Council Regulation. | ||
3. Subject to Regulation 4, a person commits an offence if he or she infringes the provisions of the Council Regulation as regards— | ||
(a) the freezing of funds, | ||
(b) the making available of funds, | ||
(c) the provision of information to, or cooperation with, the competent authorities, or | ||
(d) the participation in related activities to circumvent the requirements of the Council Regulation as regards paragraph (a), (b) or (c). | ||
4. Notwithstanding Regulation 3, a person who has received an authorisation under Article 4 of the Council Regulation may, subject to compliance with the terms and conditions of such authorisation, do such of the things referred to in Regulation 3 as are so authorised. | ||
5. The Central Bank of Ireland 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 who fails to comply with a direction or an instruction issued under Regulation 5 commits an offence. | ||
7. 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, commits an offence and shall be liable to be proceeded against and punished as if he or she committed the first mentioned offence. | ||
8. A person guilty of an offence under these Regulations is liable: | ||
(a) on summary conviction, to a fine not exceeding €5,000 or to imprisonment for a term not exceeding 12 months or to both, or | ||
(b) on conviction on indictment, to a fine not exceeding €500,000 or to imprisonment for a term not exceeding 3 years or to both. | ||
9. The European Communities (Slobodan Milosevic and Associated Persons) (Financial Sanctions) Regulations 2010 ( S.I. No. 224 of 2010 ) are revoked. | ||
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GIVEN under my Official Seal, | ||
1 December 2010. | ||
BRIAN LENIHAN, | ||
Minister for Finance. | ||
EXPLANATORY NOTE | ||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||
These Regulations amend S.I. No. 224 of 2010 to take account of Council Regulation (EU) No. 554/2010 of 24 June 2010 which makes certain technical amendments to Council Regulation 2488/2000 of 10 November 2000. | ||
These Regulations provide for penalties for breach of financial sanctions against Mr. Slobodan Milosevic and those persons associated with him listed in Annex I to Council Regulation (EC) No. 2488/2000 of 10 November 2000, as amended by the Act of Accession 2004 and various Council and Commission Regulations. | ||
1 OJ No. L.287, 14.11.00, p.19. 3 OJ No. L.163, 20.6.01, p.14. |
