Home India Reserve Bank of India Implementation of Section 51A of UAPA,1967: Updates to UNSC’...
Date: 2023-02-03 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 (Amendments to 29 entries)

Issued by Reserve Bank of India · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** This circular from the Reserve Bank of India (RBI) informs Regulated Entities (REs) about updates to the UNSC's ISIL (Da'esh) and Al-Qaida Sanctions List, as per Section 51A of the Unlawful Activities (Prevention) Act (UAPA), 1967. It references UNSC press release SC/15190, dated February 3, 2023, which details amendments to 29 entries on the sanctions list. REs must ensure compliance with UAPA and existing KYC guidelines. **Key Points / Main Content:** * **UAPA Implementation:** REs must not maintain accounts for individuals/entities on UNSC's lists of those suspected of terrorist links. * **UNSC Amendments:** The Ministry of External Affairs (MEA) has informed about UNSC press release SC/15190 which specifies amendments, including additions (underline) and deletions (strikethrough), to entries on the ISIL (Da'esh) and Al-Qaida Sanctions List. * **Sanction Measures:** Details of sanction measures and exemptions are available on the UNSC website. * **Compliance:** REs should take action as per sections 51, 52, and 53 of the Master Direction (MD) on KYC and follow the UAPA Order dated February 2, 2021. * **Updated Lists:** Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available on the UNSC website. * **Delisting Requests:** Any delisting requests received by REs must be forwarded electronically to the Joint Secretary (CTCR), MHA. * **Ombudsperson:** Individuals/entities seeking removal from the ISIL (Da'esh) and Al-Qaida Sanctions List can submit requests to the UN Ombudsperson. **Impact Analysis:** **Regulated Entities (REs):** * *Impact:* REs must update their screening processes and ensure compliance with the amended sanctions list to avoid dealing with designated individuals/entities. * *Action Required:* Review updated UNSC lists, update internal databases and screening mechanisms, comply with KYC guidelines and UAPA Order, and forward delisting requests to MHA.

Key Entities Referenced

Unlawful Activities Prevention Act, 1967: Indian law aimed at preventing unlawful activities. United Nations Security Council: A principal organ of the United Nations responsible for maintaining 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 ministry responsible for the country's foreign relations. Ministry of Home Affairs: The Indian government ministry responsible for internal security. Know Your Customer: A process used by businesses to verify the identity of their clients. Mumbai, Maharashtra: City in India where the Central Office of the Department of Regulation is located. Taliban: An extremist group.
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RBI/2022-23/172 DOR.AML.REC.100/14.06.001/2022-23 February 03, 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 29 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/15190 dated February 03, 2023 wherein the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al-Qaida and associated individuals, groups, undertakings and entities enacted the amendments specified with underline and strikethrough in the entries mentioned in the 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 adopted under Chapter VII of the Charter of the United Nations. 3. 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�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- 4. The details of the sanction measures and exemptions are available at the following URL: https://www.un.org/securitycouncil/sanctions/1267#further_information 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, (Harsh Kumar Gautam) General Manager Encl: As above

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