Executive Summary:
This RBI notification, dated October 09, 2020, informs Regulated Entities (REs) about updates to the UNSC's 1267/1989 ISIL (Da'esh)/Al-Qaida Sanctions List, specifically the addition of one entry. REs must ensure compliance with Section 51A of the UAPA, 1967, regarding individuals/entities on the UNSC list. They must also forward any delisting requests to the Ministry of Home Affairs (MHA).
Key Points / Main Content:
* **UAPA Compliance:**
* REs must ensure they do not maintain accounts for individuals/entities appearing on UNSC lists related to suspected terrorist links, as per Section 51A of the UAPA, 1967.
* **UNSC Sanctions List Update:**
* The Ministry of External Affairs (MEA) has forwarded UNSC press release SC/14321, dated October 8, 2020, adding one entry to the ISIL (Da'esh)/Al-Qaida Sanctions List.
* Added entry: Jamal Hussein Hassan Zeiniye (QDi.428).
* The UNSC press release is available at: https://www.un.org/press/en/2020/sc14321.doc.htm
* **Updated Lists Availability:**
* Updated lists of individuals/entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available at specified URLs.
* **Sanctions Details:**
* Details of sanctions measures and exemptions are available at a provided URL.
* **Delisting Requests:**
* Any delisting requests received by REs must be forwarded electronically to the Joint Secretary (CTCR), MHA, for consideration.
* Individuals/entities can submit delisting requests to the Ombudsperson appointed by the UN Secretary-General.
* **RBI Caution:**
* RBI cautions against responding to unsolicited communications requesting personal banking information.
Impact Analysis:
* **Regulated Entities (REs):**
* *Impact:* REs must meticulously comply with the updated UNSC sanctions list and UAPA requirements to avoid legal and regulatory repercussions.
* *Action Required:* Review and update screening processes to include the newly added individual. Ensure any delisting requests are forwarded to the MHA.
* **Individuals/Entities on the Sanctions List:**
* *Impact:* Subject to assets freeze, travel ban, and arms embargo as per UNSC resolution 2368 (2017).
* *Action Required:* Can submit delisting requests to the Ombudsperson appointed by the UN Secretary-General.
* **Ministry of Home Affairs (MHA):**
* *Impact:* Responsible for considering delisting requests forwarded by REs.
* *Action Required:* Establish a process for reviewing and processing delisting requests received from REs.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: Indian law, referred to as UAPA, addressing unlawful activities.
United Nations Security Council: International organization responsible for maintaining international peace and security, referred to as UNSC.
ISIL (Da'esh) and Al-Qaida Sanctions List: A list maintained by the UNSC that identifies individuals and entities subject to sanctions.
Ministry of External Affairs: Government of India ministry responsible for foreign affairs, referred to as MEA.
Ministry of Home Affairs: Government of India ministry responsible for internal security, referred to as MHA.
Regulated Entities: Entities regulated by the Reserve Bank of India, referred to as REs.
Jamal Hussein Hassan Zeiniye: Individual added to the UNSCs 1267/1989 ISIL (Da'esh) and Al-Qaida Sanctions List.
Mumbai, Maharashtra: City in India, where the central office of RBI is located
RBI/2020-2021/51
DOR.AML.BC.No.21/14.06.001/2020-21 October 09, 2020
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 one entry
Please refer to Section 51 of our Master Direction on Know Your Customer dated February 25,
2016 as amended on April 20, 2020, 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 regard, Ministry of External Affairs (MEA) has now forwarded the following Press
Release issued by the United Nations Security Council (UNSC) Committee established pursuant
to Resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida,
and associated individuals, groups, undertakings and entities regarding changes in the List of
individuals and entities subject to the assets freeze, travel ban and arms embargo set out in
paragraph 1 of UNSC resolution 2368 (2017), and adopted under Chapter VII of the Charter of
the United Nations.
Note SC/14321 dated 8 October 2020 adding one entry to list of individuals in UNSC’s 1267/
1989 ISIL (Da'esh) & Al-Qaida Sanctions List viz.[QDi.428 Name: 1: JAMAL 2: HUSSEIN 3:
HASSAN 4: ZEINIYE]
The UNSC press release concerning amendments to the list is available at
URL: https://www.un.org/press/en/2020/sc14321.doc.htm
3. Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida and Taliban are
available at:
https://www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list
https://www.un.org/securitycouncil/sanctions/1988/materials
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"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."4. The details of the sanctions measures and exemptions are available at the following URL:
https://www.un.org/securitycouncil/sanctions/1267#further_information
5. 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
6. In view of the above, REs are advised to take note of the aforementioned UNSC
communication and ensure meticulous compliance.
Yours faithfully,
(Vivek Srivastava)
General Manager