Executive Summary:
This document from the Reserve Bank of India (RBI) addresses updates to the UN Security Council's (UNSC) 1267/1989 ISIL (Da'esh) and Al-Qaida Sanctions List, specifically amendments to 102 entries. It refers to Section 51A of the Unlawful Activities (Prevention) Act (UAPA), 1967, and advises Regulated Entities (REs) to ensure compliance with the updated sanctions list. REs must adhere to the guidelines in the Master Direction on Know Your Customer (KYC) and the UAPA Order dated February 2, 2021.
Key Points / Main Content:
* **Compliance with UAPA and UNSC Sanctions:**
* REs must ensure they do not maintain accounts for individuals/entities on the UNSC's lists of those with suspected terrorist links, as per Section 51A of the UAPA, 1967.
* The Ministry of External Affairs (MEA) has informed of UNSC press release SC15229 dated March 15, 2023, which approved amendments to 102 entries on the ISIL (Da'esh) and Al-Qaida Sanctions List.
* These entries were amended following the 2021 Annual Review conducted in accordance with paragraphs 90 and 91 of resolution 2610 (2021).
* **Access to Updated Lists and Information:**
* The UNSC press release is available at: https://www.un.org/securitycouncil/sanctions/1267/pressreleases
* Details of sanction measures and exemptions are available at: https://www.un.org/securitycouncil/sanctions/1267/furtherinformation
* Updated lists are available at: www.un.org/securitycouncil/sanctions/1267/aqsanctionslist and https://www.un.org/securitycouncil/sanctions/1988/materials
* **Delisting Requests:**
* Any delisting requests received by REs must be forwarded electronically to the Joint Secretary (CTCR), MHA for consideration.
* Individuals/entities seeking removal from the ISIL (Da'esh) and Al-Qaida Sanctions List can submit their request to the Ombudsperson appointed by the UN Secretary-General. Details are available at: https://www.un.org/securitycouncil/ombudsperson/application
* **RBI Cautionary Advice:**
* RBI cautions that it never requests personal information like bank account details or passwords via email, SMS, or phone calls, and it does not hold or offer funds.
Impact Analysis:
Regulated Entities (REs)
* Impact: REs are required to implement the updated UNSC sanctions list and ensure compliance with UAPA and KYC guidelines to prevent accounts linked to designated individuals and entities.
* Action Required: REs must review and update their screening processes, check existing accounts against the updated list, report any matches, and forward delisting requests to the MHA. They must adhere to sections 51, 52, and 53 of the Master Direction on KYC and follow the UAPA Order dated February 2, 2021.
Key Entities Referenced
Section 51A of UAPA,1967: Section of the Unlawful Activities (Prevention) Act, 1967, related to prevention of terrorist activities.
UNSCs 1267 1989 ISIL Da'esh AlQaida Sanctions List: United Nations Security Council sanctions list targeting individuals and entities associated with ISIL (Da'esh) and Al-Qaida.
Master Direction on Know Your Customer: RBI's regulatory guidelines for Know Your Customer (KYC) procedures to be followed by Regulated Entities (REs).
United Nations Security Council UNSC: A principal organ of the United Nations responsible for the maintenance of international peace and security.
Ministry of External Affairs MEA: The Indian government ministry responsible for the country's foreign relations.
Security Council resolution 2610 2021: A resolution passed by the United Nations Security Council.
Ministry of Home Affairs MHA: The Indian government ministry responsible for internal security.
Mumbai, Maharashtra: City in Maharashtra where Central Office of RBI is located.
RBI/2022-23/185
DOR.AML.REC.106/14.06.001/2022-23 March 17, 2023
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: Amendments to 102 entries
Please refer to Section 51 of our Master Direction on Know Your Customer dated
February 25, 2016 as amended on May 10, 2021 (MD on KYC), 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/15229 dated March 15, 2023 wherein the Security Council Committee
approved amendment to 102 entries (attached in Annex) on its ISIL (Da’esh) and Al-
Qaida Sanctions List of individuals and entities subject to the assets freeze, travel ban
and arms embargo set out in paragraph 1 of Security Council resolution 2610 (2021),
and these entries were amended following the 2021 Annual Review conducted in
accordance with paragraphs 90 and 91 of resolution 2610 (2021).
3. The UNSC press release concerning amendments to the list is available at
URL: https://www.un.org/securitycouncil/sanctions/1267/press-releases
4. The details of the sanction measures and exemptions are available at the following
URL: https://www.un.org/securitycouncil/sanctions/1267#further_information
ि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."-2-
5. In view of the above, REs are advised to take appropriate action in terms of sections
51, 52 and 53 of the MD on KYC and strictly follow the procedure laid down in the UAPA
Order dated February 2, 2021 annexed to the MD on KYC.
6. 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
7. Further, as per the instructions from the Ministry of Home Affairs (MHA), any request
for delisting received by any 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
8. REs are advised to take note of the aforementioned UNSC communications and
ensure meticulous compliance.
Yours faithfully,
(Santosh Kumar Panigrahy)
Chief General Manager
Encl: As above