Executive Summary:
This document from the Reserve Bank of India (RBI) relays a United Nations Security Council (UNSC) update regarding amendments to the ISIL (Da'esh) and Al-Qaida sanctions list. Regulated Entities (REs) must ensure compliance with Section 51A of the Unlawful Activities Prevention Act (UAPA), 1967, regarding individuals/entities on the UNSC list. The document highlights changes to 8 entries on the UNSC sanctions list.
Key Points / Main Content:
* **UAPA and UNSC List Compliance:**
* REs must ensure they do not maintain accounts for individuals/entities appearing on UNSC lists related to terrorism, as per Section 51A of the UAPA Act, 1967.
* **UNSC Sanctions List Amendment:**
* The Ministry of External Affairs (MEA) has forwarded a UNSC press release regarding amendments to the ISIL (Da'esh), Al-Qaida sanctions list.
* Note SC/14473 dated 23 March 2021 details the amendment of 8 individuals in UNSC’s 1267/1989 sanctions list.
* The names of the 8 individuals are provided in the document.
* **Resources and Information:**
* The UNSC press release is available at the provided URL.
* Updated lists of individuals/entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available at the provided URLs.
* Details of sanctions measures and exemptions are available at the provided URL.
* **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, with details available at the provided URL.
* **RBI Caution:**
* RBI cautions against responding to communications requesting personal banking details.
Impact Analysis:
* **Regulated Entities (REs):**
* *Impact:* REs are directly responsible for ensuring compliance with UAPA and UNSC sanctions lists, impacting their KYC and AML procedures.
* *Action Required:* REs must review the updated UNSC list, screen their customer base, and report any matches. They must also forward delisting requests to the MHA.
* **Ministry of Home Affairs (MHA):**
* *Impact:* MHA is the recipient of delisting requests from REs, requiring them to process and consider such requests.
* *Action Required:* The MHA must establish a process for reviewing delisting requests forwarded by REs.
* **Individuals/Entities on the Sanctions List:**
* *Impact:* Subject to asset freeze, travel ban, and arms embargo.
* *Action Required:* Individuals/entities seeking removal must apply to the Ombudsperson, following the process outlined by the UNSC.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: An Act of the Parliament of India to prevent unlawful activities associations in India.
United Nations Security Council: A principal organ of the United Nations responsible for the maintenance of international peace and security.
Ministry of External Affairs: The Indian government agency responsible for the country's foreign relations.
ISIL (Da'esh): A militant group and former unrecognised proto-state that follows the Salafi jihadist doctrine of Sunni Islam.
Al-Qaida: A multinational militant organization.
Ministry of Home Affairs: A ministry of the Government of India.
Mumbai, Maharashtra: The location of the Central Office Building of the Reserve Bank of India.
Reserve Bank of India: India's central bank and regulatory body responsible for the issue and supply of the Indian rupee and the regulation of the Indian banking system.
RBI/2020-21/111
DOR.AML.BC.No.50/14.06.001/2020-21 March 24, 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 – Amendment of 8 entries
Please refer to Section 51 of our Master Direction on Know Your Customer dated February 25,
2016 as amended on March 23, 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/14473 dated 23 March 2021 regarding amendment of 8 individuals in UNSC’s 1267/
1989 ISIL (Da'esh) & Al-Qaida Sanctions List viz. [QDi.253 Name: 1: KHALIFA 2:
MUHAMMAD 3: TURKI 4: AL-SUBAIY, QDi.326 Name: 1: HAMID 2: HAMAD 3: HAMID 4: AL-
‘ALI, QDi.334 Name: 1: ‘ABD AL-RAHMAN 2: BIN ‘UMAYR 3: AL-NU’AYMI 4: na, QDi.343
Name: 1: ASHRAF 2: MUHAMMAD 3: YUSUF 4: 'UTHMAN 'ABD AL-SALAM, QDi.344 Name: 1:
IBRAHIM 2: 'ISA HAJJI 3: MUHAMMAD 4: AL-BAKR, QDi.346 Name: 1: 'ABD AL-MALIK 2:
MUHAMMAD 3: YUSUF 4: 'UTHMAN 'ABD AL-SALAM, QDi.380 Name: 1: ABD AL-LATIF 2:
BIN ABDALLAH 3: SALIH MUHAMMAD 4: AL-KAWARI and QDi.382 Name: 1: SA'D 2: BIN
SA'D 3: MUHAMMAD SHARIYAN 4: AL-KA'BI]
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 मागर्, फोट,र् 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