Date: 2024-03-11Category: Not ApplicableState: Union GovernmentCountry: India
Implementation of Section 12A of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005: Designated List (Amendments)
**Summary:**
This circular, reference RBI202324134/DOR.AML.REC.8314.06.001/2023-24 dated March 11, 2024, issued by the Reserve Bank of India (RBI), addresses implementation of Section 12A of the Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005, specifically concerning designated list amendments. It is directed to the Chairpersons/CEOs of all Regulated Entities (REs).
The circular refers to Section 52 of the Master Direction (MD) on Know Your Customer (KYC) dated February 25, 2016 (as amended on January 04, 2024), which mandates REs to meticulously comply with the procedure for implementing Section 12A of the WMD Act, 2005, as outlined in the Ministry of Finance's Order dated September 01, 2023 (Annex III of the MD on KYC).
Furthermore, in accordance with Section 53 of the MD on KYC, REs are required to verify the UNSCR 1718 Sanctions List of Designated Individuals and Entities daily, available at https://www.mea.gov.in/ImplementationofUNSCSanctionsDPRK.htm, to account for any additions, deletions, or other changes. Compliance with the Implementation of Security Council Resolution on Democratic People’s Republic of Korea Order, 2017, as amended, is also mandatory.
The circular also references circular DOR.AML.REC.2314.06.001/2023-24 dated July 04, 2023, communicating the Consolidated List of UNSC Designated Sanctioned Individuals and Entities, and its subsequent amendment via circular DOR.AML.REC.6714.06.001/2023-24 dated January 06, 2024.
The Ministry of External Affairs (MEA), Government of India (GoI), has informed that the UNSC Committee established pursuant to resolution 1718(2006) has enacted amendments, specified with strikethrough and/or underline, to certain entries on its Sanctions List. Consequently, the designated list referenced in the September 01, 2023 Order is amended to reflect these changes.
The latest version of the UNSC Sanctions lists on DPRK is accessible at the UN Security Council's website: https://www.un.org/securitycouncil/sanctions/1718/materials.
REs are advised to take note of these communications and ensure meticulous compliance.
For any queries or clarifications, Regulated entities may contact the Department of Regulation, Central Office, 12th/13th Floor, Nariman Bhavan, Vinay K Shah Marg, Near Nariman Point, Mumbai – 400021; Tel No: 22820703/22820733; Email: cgmicdor@rbi.org.in.
Key Entities Referenced
Weapons of Mass Destruction and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005: An Act of the Indian Parliament prohibiting unlawful activities related to weapons of mass destruction and their delivery systems.
Master Direction on Know Your Customer: A regulatory document issued by the Reserve Bank of India (RBI) providing guidelines on Know Your Customer (KYC) procedures for Regulated Entities (REs).
Ministry of Finance: A ministry in the Government of India responsible for the country's finances.
UNSCR 1718 Sanctions List: A list of designated individuals and entities subject to sanctions under United Nations Security Council Resolution 1718, concerning North Korea (Democratic People's Republic of Korea).
Implementation of Security Council Resolution on Democratic Peoples Republic of Korea Order, 2017: An order issued by the Central Government of India to implement the UN Security Council Resolution regarding North Korea.
United Nations Security Council: A principal organ of the United Nations charged with the maintenance of international peace and security.
Ministry of External Affairs: A ministry in the Government of India responsible for the country's foreign relations.
Mumbai, Maharashtra: A city in Maharashtra, India, where the Central Office of the Department of Regulation, Reserve Bank of India is located.
RBI/2023-24/134
DOR. AML.REC.83/14.06.001/2023-24 March 11, 2024
The Chairpersons/ CEOs of all the Regulated Entities
Madam/Dear Sir,
Implementation of Section 12A of the Weapons of Mass Destruction and their
Delivery Systems (Prohibition of Unlawful Activities) Act, 2005: Designated List
(Amendments)
Please refer to Section 52 of our Master Direction on Know Your Customer dated
February 25, 2016 as amended on January 04, 2024 (MD on KYC), in terms of which,
inter alia “Regulated Entities (REs) shall ensure meticulous compliance with the
“Procedure for Implementation of Section 12A of the Weapons of Mass Destruction
(WMD) and their Delivery Systems (Prohibition of Unlawful Activities) Act, 2005” laid
down in terms of Section 12A of the WMD Act, 2005 vide Order dated September 01,
2023, by the Ministry of Finance, Government of India (Annex III of the Master Direction
on Know Your Customer).”
2. Further, in terms of Section 53 of our MD on KYC, “the REs shall verify every day,
the ‘UNSCR 1718 Sanctions List of Designated Individuals and Entities‘, as available at
https://www.mea.gov.in/Implementation-of-UNSC-Sanctions-DPRK.htm, to take into
account any modifications to the list in terms of additions, deletions or other changes and
also ensure compliance with the ‘Implementation of Security Council Resolution on
Democratic People’s Republic of Korea Order, 2017’, as amended from time to time by
the Central Government”
3. A reference is also invited to our circular DOR.AML.REC.23/14.06.001/2023-24 dated
July 04, 2023, communicating thereby the Consolidated List of UNSC Designated /
Sanctioned Individuals and Entities under the UNSC Resolutions relating to non-
proliferation. Certain amendments to the entries in the list were notified and the last such
amendment was notified vide our circular DOR.AML.REC.67/14.06.001/2023-24 dated
January 06, 2024.
िविनयमन िवभाग, क�द्रीय काया�लय, 12वीऔं र13वी ंमंिज़ल, नरीमन भवन, िवनय के शाह माग�, नरीमन पॉइंट के पास , मुंबई - 400021
टेलीफोन/Tel No: 22820703 & 22820733 ईमेल/ Email: cgmicdor@rbi.org.in
Department of Regulation, Central Office, 12th & 13th Floor, Nariman Bhavan, Vinay K Shah Marg, Near Nariman Point, Mumbai – 400021-2-
4. In this regard, Ministry of External Affairs (MEA), GoI has informed that the UNSC
Committee established pursuant to resolution 1718(2006) has enacted the amendments,
specified with strikethrough and/or underline in certain entries on its Sanctions List of
individuals and entities (enclosed with this circular). Hence, the ‘designated list’ as
referred in Para 2.1 and other relevant paras of the aforementioned Order dated
September 01, 2023 is amended in accordance with the changes in these relevant
entries.
5. The latest version of the UNSC Sanctions lists on DPRK is accessible at the UN
Security Council’s website at the following URLs:
https://www.un.org/securitycouncil/sanctions/1718/materials
6. The REs are advised to take note of the aforementioned communications and ensure
meticulous compliance.
Yours faithfully,
(Saidutta Sangram Keshari Pradhan)
General Manager
Encl: As above