S.I. No. 211/2011 - Financial Transfers (Burma/Myanmar) (Prohibition) Order 2011. Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
(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 9 or Article 13 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 (Burma/Myanmar) (Prohibition) Order (No. 2) 2010 ( S.I. No. 479 of 2010 ) is revoked. GIVEN under my Official Seal, 10 May 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 updates and replaces S.I. No. 479 of 2010 to give full effect to Commission Regulation (EU) No. 383/2011 of 18 April 2011 which replaces Annexes V, VI and VII to Council Regulation (EC) No. 194/2008 of 25 February 2008. This updated Order provides for enforcement of financial sanctions prohibiting financial transfers between the State and another country, as outlined in Council Regulation (EC) No. 194/2008 of 25 February 2008, as amended, concerning restrictive measures against Burma/Myanmar. These financial sanctions include:
- a)a prohibition on providing financing or financial assistance related to i. military activities in Burma/Myanmar; ii. certain equipment which may be used for internal repression in Burma/Myanmar; iii. certain equipment and technology which may be used by named enterprises in Burma/Myanmar engaged in the logging and timber industries or the mining of coal, gold, silver, certain base metals and precious and semi-precious stones;
- b)the freezing of funds and economic resources belonging to individual members of the Government of Burma/Myanmar and of named persons and entities associated with them; and
- c)the granting of any financial loans or credit to certain named entities and enterprises controlled by the individual members of the Government of Burma/Myanmar, the acquisition or extension of a participation in these enterprises or the creation of a joint venture with them. 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.66, 10.03.08, p.1. 2 OJ No. L.116, 30.04.08, p.5. 3 OJ No. L.198, 26.07.08, p.74. 4 OJ No. L.212, 15.08.09, p.10. 5 OJ No. L.339, 22.12.09, p.24. 6 OJ No. L.118, 12.05.10, p.10. 7 OJ No. L.118, 12.05.10, p.5. 8 OJ No. L. 103, 19.04.11, p.8. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais