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  4. S.I. No. 510/2011 - Financial Transfers (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Prohibition) Order 2011.

S.I. No. 510/2011 - Financial Transfers (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Prohibition) Order 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th October, 2011.

I, MICHAEL NOONAN, 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 full effect to Council Regulation (EC) No. 1763/2004 of 11 October 20041 , as amended, hereby order as follows:

1. This Order may be cited as the Financial Transfers (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Prohibition) Order 2011.

2. (1) In this Order—

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

(a) Commission Regulation (EC) No. 1965/2004 of 15 November 20042 ,

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

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

(d) Commission Regulation (EC) No. 607/2005 of 18 April 20055 together with the Corrigendum to that Regulation6 ,

(e) Commission Regulation (EC) No. 830/2005 of 30 May 20057 together with the Corrigendum to that Regulation8 ,

(f) Commission Regulation (EC) No. 1208/2005 of 27 July 20059 ,

(g) Commission Regulation (EC) No. 1636/2005 of 6 October 200510 ,

(h) Commission Regulation (EC) No. 23/2006 of 9 January 200611 ,

(i)Commission Regulation (EC) No. 416/2006 of 10 March 200612 ,

(j) Commission Regulation (EC) No. 1053/2006 of 11 July 200613 ,

(k) Council Regulation (EC) No. 1791/2006 of 20 November 200614 ,

(l) Commission Regulation (EC) No. 789/2007 of 4 July 200715 ,

(m) Commission Regulation (EC) No. 738/2008 of 28 July 200816 ,

(n) Commission Regulation (EC) No. 895/2008 of 12 September 200817 ,

(o) Council Regulation (EU) No. 556/2010 of 24 June 201018 , and

(p) Commission Implementing Regulation (EU) No. 715/2011 of 19 July 201119 .

(2) A word or expression which is used in this Order and which is also used in the Council Regulation has, unless the context otherwise requires, the same meaning in this Order as it has in the Council Regulation.

3. A person shall not make a financial transfer between the State and another country the effect of which would be to enable or facilitate, directly or indirectly, the doing of any thing which is a breach of the Council Regulation.

4. Notwithstanding Article 3 of this Order, a person who has received an authorisation under Article 3 or 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 Article 3 of this Order as are so authorised.

5. The Central Bank of Ireland may, for the purpose of supervision of financial transfers and for the administration and enforcement of the provisions of this Order, 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 Article 5 of this Order shall comply with such direction or instruction.

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

8. The Financial Transfers (International Criminal Tribunal for the former Yugoslavia (ICTY)) (Prohibition) Order 2010 ( S.I. No. 569 of 2010 ) is revoked.

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GIVEN under my Official Seal,

5 October 2011.

MICHAEL NOONAN,

Minister for Finance.

EXPLANATORY NOTE

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

This Order provides for enforcement of financial sanctions prohibiting financial transfers between the State and another country, as outlined in Council Regulation (EC) No. 1763/2004 of 11 October 2004, as amended, in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY). The sanctions control all dealings with funds and economic resources owned by persons indicted by the ICTY who are still at large and ban any support these persons might receive from within the Community.

Commission Implementing Regulation deletes a listing from Annex 1 to Council Regulation (EC) No. 1763/2004 of 11 October 2004.

The Order provides that the Central Bank of Ireland may issue instructions for the purpose of giving full effect to the financial sanctions and requires compliance with such instructions.

The Financial Transfers Act 1992 allows for control of financial transfers between the State and other countries, creates an offence for breach of the provisions of any Order made under it and provides for appropriate penalties.

1 OJ No. L.315, 14.10.04, p.14.

2 OJ No. L.339, 16.11.04, p.4.

3 OJ No. L.379, 24.12.04, p.75.

4 OJ No. L.50, 23.02.05, p.5.

5 OJ No. L.100, 20.04.05, p.17.

6 OJ No. L.104, 23.04.05, p.46.

7 OJ No. L.137, 31.05.05, p.24.

8 OJ No. L.139, 02.06.05, p.29.

9 OJ No. L.197, 28.07.05, p.19.

10 OJ No. L.261, 07.10.05, p.20.

11 OJ No. L.5, 10.01.06, p.8.

12 OJ No. L.72, 11.03.06, p.7.

13 OJ No. L.189, 12.07.06, p.5.

14 OJ No. L.363, 20.12.06, p.1.

15 OJ No. L.175, 05.07.07, p.27.

16 OJ No. L.201, 30.07.08, p.33.

17 OJ No. L.247, 16.09.08, p.19.

18 OJ No. L.159, 25.06.10, p.9.

19 OJ No. L.191, 22.07.11, p.19.