Executive Summary:
This RBI circular informs Regulated Entities (REs) of an update to the UNSC's ISIL (Da'esh) and Al-Qaida Sanctions List, specifically the addition of "Islamic State In Iraq And the Levant In South-East Asia (ISILSEA)". REs must ensure compliance with Section 51A of the UAPA, 1967, regarding individuals/entities on the UNSC list and follow the procedures outlined in the RBI Master Direction on KYC. Any delisting requests should be forwarded to the Ministry of Home Affairs (MHA).
Key Points / Main Content:
* **Updates to UNSC Sanctions List:**
* The UNSC has added "Islamic State In Iraq And the Levant In South-East Asia (ISILSEA)" to its ISIL (Da'esh) and Al-Qaida Sanctions List (QDe.169).
* This entity is now subject to assets freeze, travel ban, and arms embargo.
* **Compliance with UAPA:**
* REs must ensure they do not hold accounts for individuals/entities appearing on the UNSC's lists, as per Section 51A of the UAPA, 1967.
* REs should take appropriate action in terms of sections 51, 52 and 53 of the RBI Master Direction (MD) on KYC dated February 25, 2016 (as amended) and strictly follow the procedure laid down in the UAPA Order dated Feb 02, 2021 annexed to the MD on KYC.
* **Delisting Requests:**
* Any delisting requests received by REs must be forwarded electronically to the Joint Secretary (CTCR), MHA.
* Individuals/entities seeking removal from the Sanctions List can submit their request to the Ombudsperson appointed by the United Nations Secretary-General.
* **Information Resources:**
* UNSC press releases: https://www.un.org/securitycouncil/sanctions/1267/pressreleases
* Sanction measures and exemptions: https://www.un.org/securitycouncil/sanctions/1267/furtherinformation
* Updated lists: www.un.org/securitycouncil/sanctions/1267/aqsanctionslist and https://www.un.org/securitycouncil/sanctions/1988/materials
* INTERPOL-UN Security Council Special Notice web link: www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Entities
* Ombudsperson application details: https://www.un.org/securitycouncil/ombudsperson/application
Impact Analysis:
* **Regulated Entities (REs):**
* Impact: REs are required to update their screening processes to include the newly listed entity and ensure compliance with sanctions.
* Action Required:
* Update screening processes to include "Islamic State In Iraq And the Levant In South-East Asia (ISILSEA)".
* Ensure no accounts are held for listed entities/individuals.
* Forward any delisting requests to MHA.
* Meticulously comply with UNSC communications.
Key Entities Referenced
Unlawful Activities (Prevention) Act, 1967: Indian law referenced in the context of preventing unlawful activities, specifically regarding terrorist financing.
United Nations Security Council: International organization responsible for maintaining international peace and security, specifically mentioned in relation to sanctions lists.
ISIL (Da'esh) and Al-Qaida Sanctions List: A list maintained by the United Nations Security Council of individuals and entities subject to sanctions due to their association with ISIL (Da'esh) and Al-Qaida.
Ministry of External Affairs: The Indian government ministry responsible for the country's foreign relations.
Security Council Committee: A committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da'esh), Al-Qaida, and associated individuals, groups, undertakings and entities
Islamic State In Iraq And the Levant In SouthEast Asia (ISILSEA): An entity added to the ISIL (Da'esh) and Al-Qaida Sanctions List.
RBI Master Direction on Know Your Customer: RBI's guidelines for regulated entities to follow Know Your Customer (KYC) principles and anti-money laundering (AML) standards.
Ministry of Home Affairs: The Indian government ministry responsible for internal security.
RBI/2022-23/171
DOR.AML.REC.99/14.06.001/2022-23 January 30, 2023
The Chairpersons/ CEOs of all the Regulated Entities
Madam/Dear Sir,
Implementation of Section 51A of UAPA, 1967: Updates to UNSC’s 1267/ 1989 ISIL
(Da'esh) & Al-Qaida Sanctions List: Addition of 1 entry
Please refer to Section 51 of our Master Direction on Know Your Customer dated
February 25, 2016 as amended on May 10 , 2021, in terms of which “Regulated Entities
(REs) shall ensure that in terms of Section 51A of the Unlawful Activities (Prevention)
(UAPA) Act, 1967, they do not have any account in the name of individuals/entities
appearing in the lists of individuals and entities, suspected of having terrorist links, which
are approved by and periodically circulated by the United Nations Security Council
(UNSC).”
2. In this connection, Ministry of External Affairs (MEA) has informed about UNSC press
release SC/15186 dated January 27, 2023 wherein the Security Council Committee
pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL
(Da’esh), Al-Qaida, and associated individuals, groups, undertakings and entities
approved the addition of the entry specified below to its ISIL (Da’esh) and Al-Qaida
Sanctions List of individuals and entities subject to the assets freeze, travel ban and
arms embargo set out in paragraph 1 of Security Council resolution 2610 (2021) and
adopted under Chapter VII of the Charter of the United Nations:
B. Entities and other groups
QDe.169 Name: Islamic State In Iraq And the Levant In South-East Asia (ISIL-SEA,
ISIL-South East Asia)
Name (original script): na
A.k.a.: a) Islamic State East Asia Division b) Dawlatul Islamiyah Waliyatul
Mashriq F.k.a.: na Address: na Listed on: 27 Jan. 2022 Other information: Formed
ि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."in June 2016 upon announcement by now-deceased Isnilon Hapilon (QDi.204).
Associated with Islamic State in Iraq and the Levant, listed as Al-Qaida in Iraq
(QDe.115). INTERPOL-UN Security Council Special Notice web
link: www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Entities
3. The UNSC press releases concerning amendments to the list is available at
URL: https://www.un.org/securitycouncil/sanctions/1267/press-releases
4. The details of the sanction measures and exemptions are available at the following
URL: https://www.un.org/securitycouncil/sanctions/1267#further_information
In view of the above, Regulated Entities (REs) are advised to take appropriate action in
terms of section 51, 52 and 53 of the RBI Master Direction (MD) on Know Your Customer
(KYC) dated February 25, 2016 as amended from time to time and strictly follow the
procedure laid down in the UAPA Order dated Feb 02, 2021 annexed to the MD on KYC
ibid.
5. Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida and Taliban
are available at:
www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list
https://www.un.org/securitycouncil/sanctions/1988/materials
6. Further, as per the instructions from the Ministry of Home Affairs (MHA), any request
for delisting received by any Regulated Entity (RE) is to be forwarded electronically to
Joint Secretary (CTCR), MHA for consideration. Individuals, groups, undertakings or
entities seeking to be removed from the Security Council’s ISIL (Da'esh) and Al-Qaida
Sanctions List can submit their request for delisting to an independent and impartial
Ombudsperson who has been appointed by the United Nations Secretary-General. More
details are available at the following URL:
https://www.un.org/securitycouncil/ombudsperson/application
7. REs are advised to take note of the aforementioned UNSC communications and
ensure meticulous compliance.
Yours faithfully,
(Santosh Kumar Panigrahy)
Chief General Manager