Executive Summary:
This circular from the Reserve Bank of India (RBI) relays updates to the ISIL (Da'esh) & Al-Qaida Sanctions List, as per Section 51A of the Unlawful Activities (Prevention) Act (UAPA), 1967. It references previous circular DBR. AML. No. 9237/14.06.001/2015-16 dated January 21, 2016, and incorporates press release No. SC/12239 dated February 11, 2016, regarding amendments to the sanctions list. Regulated entities (REs) must update their lists and ensure compliance.
Key Points / Main Content:
Updates to Sanctions List:
* Refers to Ministry of External Affairs (MEA) press release No. SC/12239 dated February 11, 2016, amending the ISIL (Da'esh) & Al-Qaida Sanctions List.
* Links to the updated list of individuals and entities linked to Al-Qaida are provided.
* Press releases are available on the UNSC Sanction Committees website.
Compliance Requirements for Regulated Entities (REs):
* REs must update their lists of designated individuals/entities as per RBI circulars.
* Before opening new accounts, REs must ensure the proposed customer's name is not on the updated list.
* REs must scan existing accounts to identify any held by or linked to listed individuals/entities.
* REs must strictly adhere to the procedure outlined in the UAPA Order dated August 27, 2009 (enclosed with circular DBOD.AML.BC. No. 44/14.01.001/2009-10 dated September 17, 2009).
Freezing of Funds:
* Action regarding freezing of funds, financial assets, or economic resources of designated individuals/entities should follow the guidelines in paragraph 6 of the circular dated September 17, 2009.
Impact Analysis:
Scheduled Commercial Banks, Regional Rural Banks, Local Area Banks, All India Financial Institutions, NBFCs, All Primary Urban Cooperative Banks, State and Central Cooperative Banks (StCBs/CCBs), All Payment System Providers/System Participants and Prepaid Payment Instrument Issuers, and All authorized persons including those who are agents of Money Transfer Service Scheme:
Impact: These entities are directly responsible for implementing the updated sanctions list and ensuring compliance with UAPA regulations.
Action Required: Update internal lists, screen new and existing accounts, and adhere to the procedures for freezing funds as outlined in the circulars and UAPA order.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: Indian law aimed at preventing unlawful activities and terrorism.
ISIL Daesh Al-Qaida: A designated terrorist group and subject of UN sanctions.
Al-Qaida Sanctions List: A list maintained by the UNSCR 1267/1999/1989/2011 Committee, listing individuals and entities subject to sanctions.
Ministry of External Affairs: The Indian government ministry responsible for foreign affairs.
Reserve Bank: Refers to Reserve Bank of India (RBI), the central bank of India
Scheduled Commercial Banks: Banks regulated by RBI
Mumbai, Maharashtra: The city in India where the Central Office of the Department of Banking Regulation is located.
UNSCR 1267/1999/1989/2011 Committee: A United Nations Security Council committee dealing with sanctions related to Al-Qaida.
RBI/2015-16/323
DBR. AML.No.10293/14.06.001/2015-16 February 16, 2016
The Chairpersons/ CEOs of all Scheduled Commercial Banks/ Regional Rural
Banks/ Local Area Banks/ All India Financial Institutions/ all NBFCs/ All
Primary (Urban) Co-operative Banks /State and Central Co-operative Banks
(StCBs / CCBs) /All Payment System Providers/ System Participants and
Prepaid Payment Instrument Issuers/ All authorised persons including those
who are agents of Money Transfer Service Scheme
Madam/ Sir
Implementation of Section 51-A of Unlawful Activities Prevention Act (UAPA),
1967- Updates to ISIL (Da’esh) & Al-Qaida Sanctions List
Please refer to our circular DBR. AML. No. 9237/14.06.001/2015-16 dated January
21, 2016 on the captioned subject releasing updates issued vide press releases No.
SC/12187 dated December 30, 2015, No. SC 12196 dated January 11, 2016 and
No.SC/12204 dated January 15, 2016 relating to deletion/amendment pertaining to
UNSCR 1267(1999)/1989(2011) Committee's Al Qaida Sanctions List.
2. Ministry of External Affairs (MEA), UNP Division has now forwarded press
releases No. SC/12239 dated February 11, 2016 regarding amendment of one entry
pertaining to ISIL (Da’esh) & Al Qaida sanction list.
Press releases pertaining to these updates are available at:
http://www.un.org/press/en/2016/sc12239.doc.htm
3. A link to updated list of individuals and entities linked to Al Qaida is available at:
https://www.un.org/sc/suborg/sites/www.un.org.sc.suborg/files/1267.pdf
4. Regulated Entities (REs) are required to update the list of individuals/entities as
circulated by Reserve Bank and before opening any new account, it should be
ensured that the name/s of the proposed customer does not appear in the list.
Further, REs should scan all existing accounts to ensure that no account is held by
or linked to any of the entities or individuals included in the list.
ब��कंग �व�नयमन �वभाग, क�द्र�य कायार्लय, क�द्र�य कायार्लय भवन, 13वीं मंिजल, शह�द भगत �सहं माग,र् मुंबई – 400 001
फोन: 022-22701203, फैक् स: 022-22701239, ईमेल-: cgmaml@rbi.org.in, वेबसाइट: www.rbi.org.in
Department of Banking Regulation, Central Office, Central Office Building, 13th Floor, Shahid Bhagat Singh Marg, Fort, Mumbai – 400 001
Phone : 022-22701203, Fax : 022-22701239, E-mail : cgmaml@rbi.org.in, Website : www.rbi.org.in
"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."5. REs are advised to strictly follow the procedure laid down in the UAPA Order
dated August 27, 2009 enclosed to our circular DBOD.AML.BC. No.
44/14.01.001/2009-10 dated September 17, 2009 and ensure meticulous
compliance to the Order issued by the Government.
6. As far as freezing of funds, financial assets or economic resources or related
services held in the form of bank accounts of the designated individuals/entities are
concerned, action should be taken as detailed in paragraph 6 of the circular dated
September 17, 2009, mentioned above.
7. A link of press releases in which the relevant changes to the list are announced
are posted on the UNSC Sanction Committee’s website at the following URL:
https://www.un.org/sc/suborg/en/sanctions/1267/press-releases
Yours faithfully
(Thomas Mathew)
General Manager
Encl.: as above