Executive Summary:
This document from the Reserve Bank of India (RBI) informs Regulated Entities (REs) about updates to the UN Security Council's (UNSC) 1267/1989 ISIL (Da'esh)/Al-Qaida Sanctions List, specifically the addition of one individual. REs must ensure compliance with Section 51A of the Unlawful Activities Prevention Act (UAPA), 1967, regarding individuals/entities on the UNSC list. The communication references UNSC Note SC/14712, dated November 24, 2021, regarding the addition.
Key Points / Main Content:
* **UAPA and UNSC Sanctions:**
* REs must not maintain accounts for individuals/entities appearing on UNSC lists related to suspected terrorist links, as per Section 51A of UAPA, 1967.
* This is in accordance with the Master Direction on Know Your Customer, dated February 25, 2016, as amended on May 10, 2021.
* **UNSC List Update:**
* UNSC has added one individual to the 1267/1989 ISIL (Da'esh)/Al-Qaida Sanctions List:
* Name: EMRAAN ALI
* Designation: QDi.430
* The UNSC press release is available online.
* **Available Resources:**
* Updated lists of individuals/entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available on the UNSC website.
* Details of sanctions measures and exemptions are also available on the UNSC website.
* **Delisting Requests:**
* Requests for delisting from REs should be forwarded electronically to the Joint Secretary (CTCR), Ministry of Home Affairs (MHA).
* Individuals/entities seeking removal from the ISIL (Da'esh) and Al-Qaida Sanctions List can submit their request to the UN Ombudsperson.
Impact Analysis:
Regulated Entities (REs):
* Impact: REs are directly affected as they must screen their accounts against the updated UNSC list to ensure compliance with UAPA regulations and UNSC sanctions.
* Action Required:
* Take note of the UNSC communication regarding the addition of Emraan Ali (QDi.430) to the sanctions list.
* Ensure meticulous compliance with Section 51A of UAPA, 1967.
* Update internal screening processes to include the new individual on the UNSC list.
* Forward any delisting requests to the Joint Secretary (CTCR), MHA.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: Indian law referenced in the context of preventing unlawful activities and terrorist financing.
United Nations Security Council: International organization responsible for maintaining international peace and security, which circulates lists of individuals and entities suspected of terrorist links.
ISIL (Da'esh): A terrorist group subject to sanctions by the United Nations Security Council.
Al-Qaida: A terrorist group subject to sanctions by the United Nations Security Council.
Ministry of External Affairs: The Indian government ministry that forwarded the UNSC press release.
Resolution 2368: A United Nations Security Council resolution imposing sanctions such as assets freeze, travel ban, and arms embargo.
Ministry of Home Affairs: The Indian government ministry to which delisting requests are to be forwarded.
Vivek Srivastava: General Manager at Reserve Bank of India.
www.rbi.org.in
RBI/2021-22/134
DOR.AML.REC.71/14.06.001/2021-22 November 26, 2021
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 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 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/14712 dated 24 November 2021 regarding addition of 1
individual [QDi.430 Name: 1: EMRAAN 2: ALI 3: na 4: na] in UNSC’s 1267/ 1989 ISIL
(Da'esh) & Al-Qaida Sanctions List.
The UNSC press release concerning amendments to the list is available at URL:
https://www.un.org/securitycouncil/sanctions/1267/press-releases
िविनयमन िवभाग, क��ीय कायार्लय, क��ीय कायार्लय भवन, 12व�/ 13व� मंिज़ल, शहीद भगत �संह माग,र् फोटर्, मुंबई- 400001
टेलीफोन/ Tel No: 22661602, 22601000 फैक्स/ 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."3. 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
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