Date: 2020-09-11Category: Not ApplicableState: Union GovernmentCountry: India
Implementation of Section 51A of UAPA, 1967 - Updates to UNSC’s 1267/1989 ISIL (Da'esh) & Al-Qaida Sanctions List - Amendment to 11 entries (10 Individuals and one entry in Entities and Groups)
**Executive Summary:**
This RBI notification, dated September 11, 2020, informs Regulated Entities (REs) about updates to the UNSC's 1267/1989 ISIL (Da'esh)/Al-Qaida Sanctions List, as per Section 51A of the UAPA, 1967. It details amendments to 11 entries (10 individuals and 1 entity) and directs REs to ensure compliance with the updated list, specifically regarding the freezing of assets, travel bans, and arms embargoes. REs must also forward delisting requests to the Ministry of Home Affairs (MHA).
**Key Points / Main Content:**
* **Compliance with UAPA Section 51A:**
* REs must ensure they do not maintain accounts for individuals/entities appearing on UNSC's lists related to terrorism.
* **UNSC Sanctions List Updates:**
* MEA has forwarded UNSC press release SC/14299 regarding amendments to the ISIL (Da'esh)/Al-Qaida Sanctions List.
* The amendments concern 11 entries: 10 individuals and 1 entity (WAFA Humanitarian Organization).
* The updated lists are available on the UNSC website.
* **Sanctions Measures and Exemptions:**
* Details of sanctions measures (assets freeze, travel ban, arms embargo) and exemptions are available on the UNSC website.
* **Delisting Requests:**
* REs must forward any delisting requests to the Joint Secretary (CTCR), MHA, electronically.
* Individuals/entities can submit delisting requests to the Ombudsperson appointed by the United Nations Secretary-General.
**Impact Analysis:**
**Regulated Entities (REs)**
* *Impact:* REs are directly impacted by the need to update their screening processes and ensure compliance with the amended UNSC sanctions list to avoid legal repercussions.
* *Action Required:* REs must take note of the UNSC communication, update their records, and meticulously comply with the directives regarding freezing assets, travel bans, and arms embargoes. They must also establish a process for forwarding delisting requests to the MHA.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: An act of the Parliament of India enacted in 1967, aimed at prevention of unlawful activities associations in India.
United Nations Security Council: A principal organ of the United Nations charged with the maintenance of international peace and security.
ISIL (Da'esh) and Al-Qaida: Terrorist organizations subject to sanctions by the United Nations Security Council.
Ministry of External Affairs: The Indian government agency responsible for the country's foreign policy.
United Nations Security Council Committee established pursuant to Resolutions 1267/1989/1999/2011/2253: A committee of the UNSC responsible for overseeing the implementation of sanctions related to ISIL (Da'esh) and Al-Qaida.
Ministry of Home Affairs: The Indian government agency responsible for internal security.
Taliban: An Islamic fundamentalist political and military organization
Mumbai, Maharashtra: A city in India where the Central Office of the Department of Regulation, RBI is located.
RBI/2020-21/36
DOR.AML.BC.No.14/14.06.001/2020-21 September 11, 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 - Amendment to 11 entries (10 Individuals and one entry
in Entities and Groups)
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/14299 dated 10 September 2020 amending available information relating to 11 entries
(10 individuals and one entity/group) in UNSC’s 1267/1989 ISIL (Da'esh) & Al-Qaida
Sanctions List viz.
A. Individuals
1. QDi.096 Name: 1: MOUSSA 2: BEN OMAR 3: BEN ALI 4: ESSAADI
2. QDi.099 Name: 1: KHALIL 2: BEN AHMED 3: BEN MOHAMED 4: JARRAYA
3. QDi.138 Name: 1: SAID 2: BEN ABDELHAKIM 3: BEN OMAR 4: AL-CHERIF
4. QDi.139 Name: 1: IMED 2: BEN MEKKI 3: ZARKAOUI 4: na
5. QDi.140 Name: 1: KAMAL 2: BEN MAOELDI 3: BEN HASSAN 4: AL-HAMRAOUI
6. QDi.143 Name: 1: HAMADI 2: BEN ABDUL AZIZ 3: BEN ALI 4: BOUYEHIA
7. QDi.149 Name: 1: NOUREDDINE 2: BEN ALI 3: BEN BELKASSEM 4: AL-DRISSI
8. QDi.330 Name: 1: AZZAM 2: ABDULLAH 3: ZUREIK 4: AL-MAULID AL-SUBHI
9. QDi.332 Name: 1: IBRAHIM 2: SULEIMAN 3: HAMAD 4: AL-HABLAIN
10. QDi.370 Name: 1: TARAD 2: MOHAMMAD 3: ALJABRA ALNORI ALFARES 4: na ALJARBA
िविनयमन िवभाग, क��ीय कायार्लय, क��ीय कायार्लय भवन, 12व�/ 13व� मंिज़ल, शहीद भगत �संह मागर्, 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."B. Entities and other groups
QDe.015 Name: WAFA HUMANITARIAN ORGANIZATION
The UNSC press release concerning amendments to the list is available at
URL: https://www.un.org/press/en/2020/sc14299.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
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,
(Dr. S. K. Kar)
Chief General Manager