Home India Reserve Bank of India Implementation of Section 51A of UAPA, 1967: Updates to UNSC...
Date: 2022-04-04 Category: Not Applicable State: Union Government Country: India

Implementation of Section 51A of UAPA, 1967: Updates to UNSC’s 1267/ 1989 ISIL (Da'esh) & Al-Qaida Sanctions List: Amendment in two entries

Issued by Reserve Bank of India · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** This RBI notification informs Regulated Entities (REs) about amendments to the UNSC's 1267/1989 ISIL (Da'esh) & Al-Qaida Sanctions List, as per Section 51A of the UAPA, 1967. It highlights changes to two specific entries and reiterates the need for meticulous compliance by REs. Updated lists and details of sanctions/exemptions are available via provided URLs. **Key Points / Main Content:** * **Compliance with UAPA Section 51A:** * REs must ensure they do not hold accounts for individuals/entities appearing on UNSC's lists of suspected terrorists. * **UNSC Sanctions List Updates:** * MEA informed of UNSC press release SC14850 dated April 01, 2022. * Amendments specified in two entries: Individuals (QDi.430) and Entities (QDe.161). * Individual: Emraan Ali. * Entity: Islamic State in Iraq and the Levant Khorasan (ISIL K). * **Resource Links:** * Updated lists: * http://www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list * http://www.un.org/securitycouncil/sanctions/1988/materials * Sanction details & exemptions: http://www.un.org/securitycouncil/sanctions/1267/further_information * **Delisting Requests:** * REs must forward delisting requests to Joint Secretary (CTCR), MHA electronically. * Individuals/entities can submit delisting requests to the Ombudsperson. Details: http://www.un.org/securitycouncil/ombudsperson/application **Impact Analysis:** **Regulated Entities (REs)** * *Impact:* REs are required to implement the changes to the UNSC sanctions list and ensure compliance with UAPA Section 51A, including updating screening processes. * *Action Required:* Review the updated UNSC lists, update internal screening mechanisms, and forward any delisting requests to the MHA. **Individuals/Entities on the Sanctions List** * *Impact:* Continued restrictions on access to financial services and potential asset freezes. * *Action Required:* If seeking removal, submit a delisting request to the Ombudsperson per the provided URL. **Ministry of Home Affairs (MHA)** * *Impact:* Responsible for considering delisting requests forwarded by REs. * *Action Required:* Process and consider delisting requests received from REs.

Key Entities Referenced

Unlawful Activities (Prevention) Act, 1967: Indian Act, Section 51A of which is being implemented to prevent financial transactions of individuals/entities appearing in UNSC sanctions lists. United Nations Security Council: The UNSC circulates lists of individuals and entities suspected of having terrorist links. Ministry of External Affairs: Informed about UNSC press release SC14850 regarding amendments in two entries Islamic State in Iraq and the Levant: Also listed as Al-Qaida in Iraq QDe.115. Recruited for ISIL and instructed individuals to perpetrate terrorist acts via online video. Islamic State in Iraq and the Levant Khorasan: A.k.a.: a ISIL KHORASAN b ISLAMIC STATES KHORASAN PROVINCE c ISIS WILAYAT KHORASAN d ISILS SOUTH ASIA BRANCH e SOUTH ASIAN CHAPTER OF ISIL f The Islamic State of Iraq and ashShamKhorasan Province g The Islamic State of Iraq and SyriaKhorasan h Islamic State of Iraq and Levant in Khorasan Province i Islamic State Khurasan j ISISK k ISISK l IS Khorasan Tehrik-e Taliban Pakistan: Former commander of TTP formed ISIL K Ministry of Home Affairs: Instructions from MHA on handling requests for delisting from UNSC sanctions list. Rio Claro, Trinidad and Tobago: Place of Birth of Emraan Ali. Address: b 12 Rio Claro Mayaro Road, Rio Claro, Trinidad and Tobago
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RBI/2022-23/18 DOR.AML.REC.11/14.06.001/2022-23 April 04, 2022 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: Amendment in two entries 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/14850 dated April 01, 2022) regarding amendments which have been specified with underline and strikethrough in the following two entries. A. Individuals QDi.430 Name: 1: EMRAAN 2: ALI 3: 4: na Title: na Designation: na DOB: 4 Jul. 1967 POB: Rio Claro, Trinidad and Tobago Good quality a.k.a.: na Low quality a.k.a.: Abu Jihad TNT Nationality: a) Trinidad and Tobago b) United States of America Passport no: a) Trinidad and Tobago number TB162181 (issued on 27 January 2015, expired 26 January 2020) b) United States of America number 420985453 (expired 6 February 2017) National identification no: Trinidad and Tobago 19670704052 Address: a) United States of America (in detention, Federal Detention Center – Miami, Register Number: 10423-509) b) #12 Rio Claro Mayaro Road, Rio Claro, Trinidad and Tobago ि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."(previous location 2008-March 2015) c) #7 GUAYAGUAYARE Road, Rio Claro, Trinidad and Tobago (previous location circa 2003) d) United States of America (previous location- January 1991-2008) Listed on: 23 Nov. 2021 (Amended on 1 Apr. 2022). Other information: Senior member of Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaida in Iraq (QDe.115). Recruited for ISIL and instructed individuals to perpetrate terrorist acts via online video. Physical description: height 176 cm, weight 73 kg, medium built, colour of eyes- brown, colour of hair- black/bald, complexion- brown. Speaks English. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals. B. Entities and other groups QDe.161 Name: ISLAMIC STATE IN IRAQ AND THE LEVANT - KHORASAN (ISIL- K) A.k.a.: a) ISIL KHORASAN b) ISLAMIC STATE’S KHORASAN PROVINCE c) ISIS WILAYAT KHORASAN d) ISIL’S SOUTH ASIA BRANCH e) SOUTH ASIAN CHAPTER OF ISIL f) The Islamic State of Iraq and ash-Sham—Khorasan Province g) The Islamic State of Iraq and Syria—Khorasan h) Islamic State of Iraq and Levant in Khorasan Province i) Islamic State Khurasan j) ISIS-K k) ISISK l) IS- Khorasan F.k.a.: na Address: na Listed on: 14 May 2019 (Amended on 1 Apr. 2022). Other information: Islamic State of Iraq and the Levant - Khorasan (ISIL - K) was formed on January 10, 2015 by a former Tehrik-e Taliban Pakistan (TTP) (QDe.132) commander and was established by former Taliban faction commanders who swore an oath of allegiance to the Islamic State of Iraq and the Levant (listed as Al-Qaida in Iraq (QDe.115)). ISIL – K has claimed responsibility for numerous attacks in both Afghanistan and Pakistan. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Entities. The UNSC press release concerning amendments to the list is available at URL: https://www.un.org/securitycouncil/sanctions/1267/press-releases 3. Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida and Taliban are available at: http://www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list; https://www.un.org/securitycouncil/sanctions/1988/materials; 4. The details of the sanction measures and exemptions are available at the following URL: https://www.un.org/securitycouncil/sanctions/1267#further_information5. 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, (Santosh Kumar Panigrahy) Chief General Manager

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