S.I. No. [ 136 ] of 2003

ORDER

entitled

Financial Transfers (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Prohibition) Order 2003

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. 881/2002 of 27 May 2002¹ as amended, hereby order as follows:

1.      This Order may be cited as the Financial Transfers (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Prohibition) Order 2003.

2.      (1) In this Order --

“Central Bank” means Central Bank of Ireland;

“Council Regulation” means Council Regulation (EC) No. 881/2002 of 27 May 2002¹ , as amended by:

a.        Council Regulation (EC) No. 561/2003 of 27 March 2003² ,

b.        Commission Regulation (EC) No. 951/2002 of 3 June 2002³ ,

c.        Commission Regulation (EC) No. 1580/2002 of 4 September 2002⁴ ,

d.        Commission Regulation (EC) No. 1644/2002 of 13 September 2002⁵ ,

e.        Commission Regulation (EC) No. 1754/2002 of 1 October 2002⁶ ,

f.         Commission Regulation (EC) No. 1823/2002 of 11 October 2002⁷ ,

g.        Commission Regulation (EC) No. 1893/2002 of 23 October 2002⁸ ,

h.        Commission Regulation (EC) No. 1935/2002 of 29 October 2002⁹ ,

i.          Commission Regulation (EC) No. 2083/2002 of 22 November 2002¹⁰ ,

j.         Commission Regulation (EC) No. 145/2003 of 27 January 2003¹¹ ,

k.        Commission Regulation (EC) No. 215/2003 of 3 February 2003¹² ,

l.         Commission Regulation (EC) No. 244/2003 of 7 February 2003¹³ ,

m.       Commission Regulation (EC) No. 342/2003 of 21 February 2003¹⁴ ,

n.        Commission Regulation (EC) No. 350/2003 of 25 February 2003¹⁵ ,

o.        Commission Regulation (EC) No. 370/2003 of 27 February 2003¹⁶ and,

p.        Commission Regulation (EC) No. 414/2003 of 5 March 2003¹⁷ ;

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

(2)  A word or expression that 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 --

(a)      financial transfers in respect of all funds and economic resources belonging to a person listed in Annex I to the Council Regulation as amended, and

(b)      financial transfers relating to the making available of funds and economic resources, either directly or indirectly, to or for the benefit of any person listed in Annex I to the Council Regulation.

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

5.   A person shall not directly or indirectly assist another person to contravene Article 4 of this Order.

6.   Without prejudice to the generality of Article 5 of this Order the Central Bank 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.

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 promote a financial transfer to which this Order relates.

9.   A person shall not do anything to assist in the circumvention of the provisions of this Order.

10.   The Financial Transfers (Usama bin Laden, Al-Qaida and Taliban of Afghanistan) (Prohibition) Order 2002 [ S.I. No. 568 of 2002 ] is revoked.

Explanatory Note

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

The Order prohibits financial transfers between the State and another country in respect of all funds and economic resources belonging to the persons or entities associated with Usama bin Laden, the Al-Qaida network and the Taliban of Afghanistan and which are listed in Annex 1 to Council Regulation (EC) No. 881/2002 of 27 May 2002 as amended by Council Regulation (EC) No. 561/2003 of 27 March 2003 and the Commission Regulations referred to in this Order.

¹ OJ No.L139, 29.5.2002, p.9.

¹ OJ No.L139, 29.5.2002, p.9.

² OJ No L82, 29.3.2003, p.1.

³ OJ No.L145, 4.6.2002, p.14.

⁴ OJ No. L237, 5.9.2002, p.3.

⁵ OJ No.L247, 14.9.2002, p.25.

⁶ OJ No.L264, 2.10.2002, p.23.

⁷ OJ No.L276, 12.10.2002, p.26.

⁸ OJ No.L286, 24.10.2002, p.19.

⁹ OJ No.L295, 30.10.2002, p.11.

¹⁰ OJ No. L319, 23.11.2002, p.22

¹¹ OJ No. L23, 28.1.2003, p.22

¹² OJ No. L28, 4.2.2003, p.41

¹³ OJ No. L33, 8.2.2003, p.28

¹⁴ OJ No. L49, 22.2.2003, p.13

¹⁵ OJ No. L51, 26.2.2003, p.19

¹⁶ OJ No. L53, 28.2.2003, p.33

¹⁷ OJ No. L62, 6.3.2003, p.24