Executive Summary:
This document from the Reserve Bank of India (RBI) informs Regulated Entities (REs) about updates to the UN Security Council's (UNSC) ISIL (Da'esh) and Al-Qaida sanctions list, specifically regarding an amendment to one entry. REs must ensure compliance with Section 51A of the Unlawful Activities (Prevention) Act (UAPA), 1967, and that they do not maintain accounts for individuals/entities on the UNSC's lists. The communication references Note SC14555 dated June 17, 2021, regarding the addition of one individual (MOHAMMAD ALI AL HABBO) to the sanctions list.
Key Points / Main Content:
* **Compliance with UAPA Section 51A:** REs must not have accounts in the name of individuals/entities appearing in UNSC lists of those suspected of terrorist links.
* **UNSC Sanctions List Update:** Note SC/14555, dated June 17, 2021, concerns the addition of MOHAMMAD ALI AL HABBO (QDi.429) to the UNSC's ISIL (Da'esh) and Al-Qaida sanctions list.
* **Updated Lists Availability:** Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available online via provided URLs.
* **Sanctions Details:** Details of sanctions measures and exemptions are available at the provided URL.
* **Delisting Requests:** Any delisting request received by an RE must be forwarded electronically to the Joint Secretary (CTCR), Ministry of Home Affairs (MHA), for consideration.
* **Ombudsperson for Delisting:** Individuals/entities seeking removal from the ISIL (Da'esh) and Al-Qaida Sanctions List can submit their request to the UN Ombudsperson. Details are available at the provided URL.
* **MHA Instructions:** REs are to adhere to instructions issued by the MHA.
Impact Analysis:
* **Regulated Entities (REs):**
* Impact: REs are required to update their screening processes and ensure they are not maintaining accounts for individuals or entities newly added to the UNSC sanctions lists. They are also responsible for forwarding any delisting requests to the MHA.
* Action Required: Take note of the UNSC communication and ensure meticulous compliance, including updating screening processes and adhering to guidelines for handling delisting requests.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: Indian law referenced in the context of preventing activities detrimental to the integrity and sovereignty of India.
United Nations Security Council: International organization responsible for maintaining international peace and security, which circulates lists of individuals/entities suspected of terrorist links.
ISIL (Da'esh): A designated terrorist organization subject to UNSC sanctions.
Al-Qaida: A designated terrorist organization subject to UNSC sanctions.
Ministry of External Affairs: The Indian government ministry that forwarded the UNSC press release.
Resolution 2368 (2017): A United Nations Security Council resolution regarding sanctions measures against ISIL (Da'esh) and Al-Qaida.
Ministry of Home Affairs: The Indian government ministry to which requests for delisting from the UNSC sanctions list are to be forwarded.
Mumbai, Maharashtra: City in India, mentioned in the document as location of Central Office
RBI/2021-22/57
DOR.AML.REC.22/14.06.001/2021-22 June 18, 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 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/14555 dated 17 June 2021 regarding addition of one individual QDi.429 Name: 1:
MOHAMMAD 2: ALI 3: AL HABBO] 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
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 sanctions measures and exemptions are available at the following
URL: https://www.un.org/securitycouncil/sanctions/1267#further_information
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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."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