Dáil Éireann Debate, Tuesday - 22 September 2015
347. Deputy Pearse Doherty asked the Minister for Finance the legal situation whereby funds frozen by United Nations or European Union regulation are linked to individuals who have died or regimes that have ceased to exist; and if he will make a statement on the matter. [31442/15]
Amharc ar fhreagraThe EU implements Restrictive Measures autonomously at an EU level or as a result of resolutions of the Security Council of the United Nations through the publication of EU Regulations. EU Regulations are binding on all Member States once published in the EU Official Journal.
In implementing EU or UN sanctions in Ireland, we await an EU Regulation and then create corresponding domestic penalties for breach of the EU Regulation. EU Regulations have "direct effect" in Irish law, and penalties for the breach of such EU Regulations are specifically provided for through the enactment of statutory instruments under the European Communities Act 1972 (as amended), as well as certain statutory instruments under the Criminal Justice (Terrorist Offences) Act 2005.
Sanctions regimes are reviewed on a regular basis and where an individual has died or an entity has ceased to exist, the process is to await an amending EU Regulation that may take into account a change in circumstance as described. The Central Bank informs me that funds frozen by an EU regulation remain frozen until such time as the individual or entity name subject to the freezing is de-listed by the EU. The process of 'de-listing' can occur in a number of cases including evidence of mistaken listing, a relevant subsequent change in facts, emergence of further evidence, death of a listed person or the liquidation of a listed entity. Similarly, if a person or entity is de-listed from the UN sanctions list, relevant amendments are made to the corresponding EU Regulation.
