S.I. No. 642 of 2007

FINANCIAL TRANSFERS (BURMA/MYANMAR) (PROHIBITION) ORDER 2007

Notice of the making of this Statutory Instrument was published in

�Iris Oifigi�il� of 25th September, 2007.

I, BRIAN COWEN, 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. 817/2006 of 29 May 2006 ¹ , as amended, hereby order as follows:

1. This Order may be cited as the Financial Transfers (Burma/Myanmar) (Prohibition) Order 2007.

2. (1) In this Order �Council Regulation� means Council Regulation (EC) No. 817/2006 of 29 May 2006¹, as amended by-

(a) Council Regulation (EC) No. 1411/2006 of 25 September 2006 ² ,

(b) Council Regulation (EC) No. 1791/2006 of 20 November 2006 ³ ,

(c) Commission Regulation (EC) No. 481/2007 of 27 April 2007 ⁴ , and

(d) Council Regulation (EC) No. 830/2007 of 16 July 2007 ⁵ .

(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 that it has in the Council Regulation.

3. A person shall not make a financial transfer, 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, between the State and another country.

4. Notwithstanding Article 3 of this Order, a person who has received an authorisation under Articles 4 or 7 of the Council Regulation may, subject to compliance with the terms and conditions of it, do such of the things referred to in Article 3 of this Order as are so authorised.

5. The Central Bank and Financial Services Authority of Ireland may, for the purposes 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 (Burma/Myanmar) (Prohibition) Order (No. 3) 2005 (S.I. No. 898 of 2005) is revoked.

GIVEN under my Official Seal

19 September 2007

BRIAN COWEN

Minister for Finance

EXPLANATORY NOTE

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

This Order provides for enforcement of financial sanctions contained in Council Regulation (EC) No. 817/2006 of 29 May 2006 concerning restrictive measures in respect of Burma/Myanmar. The sanctions include a ban on financial assistance related to military activities, a ban on the export of equipment which might be used for internal repression, the freezing of funds and economic resources of members of the Government of Burma/Myanmar and of persons associated with them and a prohibition on making financial loans or credits available to, and on acquiring or extending a participation in, Burmese state-owned enterprises.

It also provides that the Central Bank and Financial Services Authority 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 O.J. No. L148, 2.6.2006, p.1.

2 O.J. No. L267, 27.9.2006, p.1.

3 O.J. No. L363, 20.12.2006, p.1.

4 O.J. No. L111, 28.4.2007, p.50.

5 O.J. No. L185, 17.7.2007, p.1.