Bill was introduced in Lok Sabha on 5th April, 2022.

## Report on the Weapons of Mass Destruction and their Delivery Systems Prohibition of Unlawful Activities Amendment Act, 2022 **1. Executive Summary:** This report analyzes the Weapons of Mass Destruction and their Delivery Systems Prohibition of Unlawful Activities Amendment Act, 2022, based on the provided government document. This amendment to the 2005 Act aims to prevent the financing of activities related to the proliferation of weapons of mass destruction and their delivery systems. The key change involves prohibiting the financing of any activity related to these weapons and empowering the Central Government to freeze, seize, or attach funds and economic resources used for such financing, as well as prohibit the provision of funds to individuals involved in prohibited activities. This amendment is driven by the need to align with international regulations and the United Nations Security Council's financial sanctions. **2. Introduction:** This report provides an overview and analysis of the Weapons of Mass Destruction and their Delivery Systems Prohibition of Unlawful Activities Amendment Act, 2022 (hereinafter referred to as "the Amendment Act"), based solely on the information contained within the provided government document. The purpose is to inform affected industries about the key changes introduced by this amendment. **3. Policy Overview:** * This Amendment Act amends the Weapons of Mass Destruction and their Delivery Systems Prohibition of Unlawful Activities Act, 2005. * The core objective of the Amendment Act, as stated in the document, is to provide against the financing of proliferation of weapons of mass destruction and their delivery systems. **4. Background and Rationale:** This amendment addresses the need to strengthen existing legislation against the proliferation of weapons of mass destruction. The rationale for this amendment stems from the expansion of international regulations and the United Nations Security Council's targeted financial sanctions, along with recommendations from the Financial Action Task Force, all of which mandate measures against financing the proliferation of weapons of mass destruction and their delivery systems. This amendment is intended to ensure India fulfills its international obligations in this area. **5. Key Provisions / Changes:** This Amendment Act introduces a new Section 12A into the Weapons of Mass Destruction and their Delivery Systems Prohibition of Unlawful Activities Act, 2005. The key changes are as follows: * **Addition of Section 12A:** This new section explicitly prohibits any person from financing activities prohibited under the 2005 Act, the United Nations Security Council Act, 1947, or any other relevant Act related to weapons of mass destruction and their delivery systems. * **Central Government Powers:** The amendment empowers the Central Government to: * Freeze, seize, or attach funds, financial assets, or economic resources owned, controlled, held, or derived from individuals or entities involved in prohibited activities. * Prohibit any person from making funds, financial assets, economic resources, or related services available to individuals or entities related to prohibited activities. * **Authority Delegation:** The Central Government may exercise these powers through any authority assigned the power under subsection 1 of section 7. The *difference* introduced is the explicit prohibition on financing, which wasn't explicitly stated in the original 2005 act. The *effect* is to broaden the scope of the law to include financial activities and to grant the government specific powers to combat such financing. **6. Target Audience and Stakeholders:** Based on the provided text, the target audience and stakeholders directly affected by these changes include: * Individuals and entities involved in the financing of activities related to weapons of mass destruction and their delivery systems. * Financial institutions and service providers who may be involved in transactions related to such activities. * Any person who could potentially be providing resources to individuals or entities involved in prohibited activities. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** The Central Government is the primary responsible body. The text also mentions an "authority who has been assigned the power under subsection 1 of section 7" as being able to exercise the Central Government's powers. * **Timelines/Procedures:** The Act will come into force on a date appointed by the Central Government via notification in the Official Gazette. The specific procedures for freezing, seizing, or attaching funds are not detailed in this text, implying these will be defined separately. **8. Expected Outcomes / Impact of Changes:** The likely intended outcomes of these specific changes introduced by the Amendment Act are: * Enhanced prevention of the proliferation of weapons of mass destruction by cutting off financial resources. * Greater compliance with international regulations and financial sanctions related to weapons proliferation. * Increased ability of the Central Government to monitor and control financial activities related to weapons of mass destruction. * Potentially increased scrutiny of financial transactions and activities by regulated entities to ensure compliance with the amended Act. **9. Conclusion:** The Weapons of Mass Destruction and their Delivery Systems Prohibition of Unlawful Activities Amendment Act, 2022, represents a significant step towards strengthening India's legal framework against the proliferation of weapons of mass destruction. By explicitly prohibiting the financing of related activities and granting the government enhanced powers to freeze assets and restrict financial support, the amendment aims to prevent the flow of funds to those involved in the development and deployment of these devastating weapons. This amendment is significant as it addresses a critical gap in the existing legislation and brings India in line with international best practices and obligations.

Key Entities Referenced