Home India Reserve Bank of India Implementation of Section 51A of UAPA, 1967: Updates to UNSC...
Date: 2022-01-27 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: Deletion of 1 entry

Issued by Reserve Bank of India · Not Applicable

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Executive Summary & Key Takeaways

Executive Summary: This document from the Reserve Bank of India (RBI) informs Regulated Entities (REs) about updates to the UN Security Council's (UNSC) 1267/1989 ISIL (Da'esh) and Al-Qaida sanctions list, specifically the deletion of one entry. REs must ensure compliance with Section 51A of the Unlawful Activities (Prevention) Act (UAPA), 1967, regarding individuals/entities on the UNSC list. The press release by the UNSC is dated January 24, 2022. Key Points / Main Content: * **UAPA and UNSC Sanctions List Compliance:** * REs must not hold accounts for individuals/entities appearing on UNSC lists related to terrorism, as per Section 51A of UAPA, 1967. * This is further detailed in Section 51 of the Master Direction on Know Your Customer (KYC) dated February 25, 2016, as amended. * **Deletion from UNSC Sanctions List:** * UNSC has deleted one entry (QDi.099) from the 1267/1989 ISIL (Da'esh) and Al-Qaida Sanctions List: * Name: KHALIL BEN AHMED BEN MOHAMED JARRAYA * Also known as: Khalil Yarraya, Ben Narvan Abdel Aziz, Abdel Aziz Ben Narvan, Amro, Omar, Amrou, Amr * DOB: 8 Feb. 1969, POB: Sfax, Tunisia * Tunisian Passport no: K989895 * The UNSC press release is dated January 24, 2022 (Reference SC14773). * **Updated Lists and Sanctions Information:** * Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available at specified URLs. * Details of sanctions measures and exemptions are available at a provided URL. * **Delisting Requests:** * Any delisting requests received by REs must be forwarded electronically to the Joint Secretary (CTCR), Ministry of Home Affairs (MHA). * Individuals/entities seeking removal from the ISIL (Da'esh) and Al-Qaida Sanctions List can submit a request to the Ombudsperson appointed by the UN Secretary-General. Impact Analysis: * **Regulated Entities (REs):** * Impact: Must comply with updated UNSC sanctions list and UAPA requirements. * Action Required: Take note of the UNSC communication, ensure meticulous compliance, update internal lists, and forward any delisting requests to MHA.

Key Entities Referenced

Unlawful Activities Prevention Act, 1967: Indian law referenced in the context of preventing financial support to designated terrorists and entities. United Nations Security Council: International organization responsible for maintaining international peace and security, and for issuing sanctions lists. ISIL (Da'esh) and Al-Qaida Sanctions List: A list maintained by the United Nations Security Council of individuals and entities subject to sanctions due to their association with ISIL (Da'esh) and Al-Qaida. Ministry of External Affairs: The Indian government ministry responsible for India's foreign relations. Khalil Ben Ahmed Ben Mohamed Jarraya: Individual who was removed from the UNSC's ISIL (Da'esh) and Al-Qaida Sanctions List. Sfax, Tunisia: Place of Birth of Khalil Ben Ahmed Ben Mohamed Jarraya Ministry of Home Affairs: The Indian government ministry responsible for internal security. Vivek Srivastava: General Manager at Reserve Bank of India
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www.rbi.org.in RBI/2021-22/153 DOR.AML.REC.83/14.06.001/2021-22 January 27, 2022 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: Deletion of 1 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 forwarded the following Press Release dated January 24, 2022, 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. Reference SC/14773 dated 24 January 2022 regarding deletion of 1 entry [QDi.099 Name: 1: KHALIL 2: BEN AHMED 3: BEN MOHAMED 4: JARRAYA Title: na Designation: na DOB: 8 Feb. 1969 POB: Sfax, Tunisia Good quality a.k.a.: a) Khalil Yarraya b) Ben Narvan Abdel Aziz born 15 Aug. 1970 in Sereka (former Yugoslavia) c) Abdel Aziz Ben Narvan born 15 Aug. 1970 in Sereka (former Yugoslavia) Low quality a.k.a.: a) Amro b) Omar c) Amrou d) Amr Nationality: Tunisia Passport no: Tunisian number K989895, issued on 26 Jul. 1995, issued in Genoa, Italy (expired on 25 Jul. 2000) National identification no: na] 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 ि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."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. The UNSC press release concerning amendments to the list is available at URL: https://www.un.org/securitycouncil/sanctions/1267/press-releases Yours faithfully, (Vivek Srivastava) General Manager

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