Date: 2022-10-27Category: Not ApplicableState: Union GovernmentCountry: India
Designation of 10 individuals as ‘Terrorists’ under Section 35 (1) (a) of the Unlawful Activities (Prevention) Act (UAPA), 1967 and their listing in the Schedule IV of the Act- Reg.
**Executive Summary:**
This RBI notification informs Regulated Entities (REs) about the designation of 10 individuals as terrorists under the Unlawful Activities (Prevention) Act (UAPA), 1967, and their inclusion in Schedule IV of the Act. REs must strictly adhere to the procedures outlined in the UAPA Order dated February 2, 2021, regarding the implementation of government orders. REs are required to report details of accounts resembling listed individuals/entities to FIU-IND and MHA. REs must also take note of future amendments to Schedule IV of the UAPA 1967 for immediate necessary compliance.
**Key Points / Main Content:**
* **UAPA Order Compliance:**
* REs must strictly follow the procedure laid down in the UAPA Order dated February 2, 2021, as outlined in Annex II of the Master Direction on Know Your Customer (KYC).
* Meticulous compliance with the orders issued by the Government is mandatory.
* **Reporting Requirements:**
* Details of accounts resembling listed individuals/entities must be reported to FIU-IND.
* Ministry of Home Affairs (MHA) must also be advised as required under the UAPA notification dated February 2, 2021.
* **Application to Amendments:**
* The UAPA Order in Annex II of the Master Direction on KYC, 2016, applies to amendments in Schedule IV of the UAPA, 1967, in addition to UNSC lists.
* **Gazette Notifications:**
* MHA Gazette notifications dated October 4, 2022, list ten individuals designated as terrorists under Section 35(1)(a) of UAPA, 1967, and included in Schedule IV.
* Gazette notifications are available for download from https://egazette.nic.in (refer to the document for Gazette IDs and S.O. numbers).
* **Future Amendments:**
* REs must take note of future amendments to Schedule IV of the UAPA, 1967, for immediate compliance.
**Impact Analysis:**
**Regulated Entities (REs):**
* *Impact:* REs are responsible for ensuring compliance with the UAPA Order and reporting requirements related to the listed individuals. Any failure to comply may result in regulatory action.
* *Action Required:*
* Download and review the Gazette notifications dated October 4, 2022, from the provided link.
* Update internal systems and procedures to incorporate the names of the designated terrorists.
* Implement enhanced monitoring to identify accounts resembling those of the listed individuals/entities.
* Report any matching accounts to FIU-IND and MHA.
* Monitor for any future amendments to Schedule IV of the UAPA, 1967, and take immediate action to comply.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: An Indian law aimed at preventing unlawful activities and dealing with terrorism. Mentioned in the context of designating individuals as terrorists and listing them in Schedule IV.
UAPA Order: Order pertaining to the Unlawful Activities Prevention Act (UAPA), specifically the order dated February 2, 2021, which outlines procedures to be followed by regulated entities.
Schedule IV of the UAPA, 1967: A schedule within the Unlawful Activities Prevention Act (UAPA) that lists designated terrorists. The document refers to amendments to this schedule.
Know Your Customer: Master Direction on Know Your Customer dated February 25, 2016, as amended on May 10, 2021, issued by a regulatory body to the Regulated Entities. Section 53 refers to UAPA order compliance
Financial Intelligence Unit-India (FIU IND): The national agency responsible for receiving, processing, analyzing and disseminating information relating to suspected financial transactions. Regulated entities are required to report details of accounts resembling individuals/entities in the lists to FIU IND.
Ministry of Home Affairs: The ministry that deals with the internal affairs of India. Regulated entities need to advise to MHA as required under UAPA notification.
Imtiyaz Ahmad Kandoo Sajad Fayaz Sopore: One of the individuals designated as a terrorist, as per the Gazette notification. Full name and alias are provided, along with a place (Sopore).
Mumbai, Maharashtra: City in India where Department of Regulation, Central Office is located
RBI/2022-23/134
DOR.AML.REC.80/14.06.001/2022-23 October 27, 2022
The Chairpersons/ CEOs of all the Regulated Entities
Madam/Dear Sir,
Designation of 10 individuals as ‘Terrorists’ under Section 35 (1) (a) of the Unlawful
Activities (Prevention) Act (UAPA), 1967 and their listing in the Schedule IV of the
Act- Reg.
In terms of Section 53 of our Master Direction on Know Your Customer dated February
25, 2016 as amended on May 10, 2021, “The procedure laid down in the UAPA Order
dated February 2, 2021 (Annex II of this Master Direction) shall be strictly followed and
meticulous compliance with the Order issued by the Government shall be ensured.”
Further, Section 52 of the aforementioned Master Direction states that, “Details of
accounts resembling any of the individuals/entities in the lists shall be reported to FIU-
IND apart from advising Ministry of Home Affairs as required under UAPA notification
dated February 2, 2021 (Annex II of this Master Direction)”. In this regard, it is highlighted
that the UAPA Order in Annex II of the MD on KYC, 2016 shall also apply to amendments
carried out in Schedule IV of the UAPA, 1967 apart from the UNSC lists mentioned in
the Order.
2. In this connection, please refer to the Gazette notifications dated October 4, 2022, of
the MHA in respect of ten individuals who have been declared as ‘Terrorists’ and have
been listed in the Schedule IV of the UAPA 1967, under Section 35 (1) (a) of UAPA 1967.
The Gazette notifications can be downloaded from https://egazette.nic.in/. The Gazette
IDs are as follows:
Gazette IDs
CG-DL-E-04102022-239338
CG-DL-E-04102022-239337
CG-DL-E-04102022-239336
CG-DL-E-04102022-239334
िविनयमन िवभाग, क�द्रीय काया�लय, क�द्रीय काया�लय भवन, 12वी/ं 13वी ं मंिज़ल, शहीद भगत िसंह माग�, फोट�, मुंबई- 400001
टेलीफोन/ Tel No: 22661602, 22601000 फै�/ Fax No: 022-2270 5691
Department of Regulation, Central Office, Central Office Building, 12th/ 13th Floor, Shahid Bhagat Singh Marg, Fort, Mumbai - 400001
"Caution: RBI never sends mails, SMSs or makes calls asking for personal information like bank account details, passwords, etc. It never keeps or offers funds to anyone. Please
do not respond in any manner to such offers."CG-DL-E-04102022-239333
CG-DL-E-04102022-239332
CG-DL-E-04102022-239331
CG-DL-E-04102022-239330
CG-DL-E-04102022-239327
CG-DL-E-04102022-239325
The Statutory Order (S.O.) numbers and the respective entries are in the table below:
S.O. Numbers Entries
4670(E) 39. Imtiyaz Ahmad Kandoo @ Sajad @ Fayaz Sopore
4671(E) 40. Showkat Ahmad Sheikh @ Showkat Mochi
4672(E) 41. Basit Ahmad Reshi
42. Habibullah Malik @Sajid Jutt @Saifullah @ Noomi @ Numan @
4673(E)
Langda @ Ali Sajid @ Usman Habib @Shani
4674(E) 43. Bashir Ahmad Peer @ lmtiyaz Alam @ Haji
4675(E) 44. Irshad Ahmad @ Idrees
4676(E) 45. Rafiq Nai @Sultan
46. Zafar Iqbal @ Salim @Jamaldeen @Shamsher Nai @Shamsher
4677(E)
Khan
4678(E) 47. Bilal Ahmad Beigh @Babar
48. Sheikh JameeI-ur-Rehman @Sheikh Sahab @Rehman @Abu Nusrat
4679(E)
@Fayaz Ahmed Dar
3. Regulated Entities (REs) are advised to take note of the aforementioned Gazette
notifications issued by MHA for necessary compliance. REs shall also take note of any
future amendments to Schedule IV of the UAPA, 1967, for immediate necessary
compliance.
Yours faithfully,
(Santosh Kumar Panigrahy)
Chief General Manager