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) & Al-Qaida Sanctions List, referencing Section 51A of the Unlawful Activities (Prevention) Act (UAPA), 1967. It informs Regulated Entities (REs) of deletions from the list and directs them to ensure compliance with the updated sanctions measures. The key action required is for REs to note the UNSC communication and ensure meticulous compliance.
Key Points / Main Content:
* **UAPA and UNSC Lists:** REs must not maintain accounts for individuals/entities on UNSC lists related to terrorism, as per Section 51A of UAPA, 1967.
* **UNSC Press Release:** MEA has forwarded UNSC Press Release dated January 04, 2022, regarding changes to the ISIL/Da'esh/Al-Qaida Sanctions List.
* **Deletion of Entries:** The UNSC press release concerns deletion of 5 entries QDi.302, QDi.347, QDi.390, QDi.391 and QDi.393 from UNSCs 1267/1989 ISIL/Da'esh/Al-Qaida Sanctions List.
* **Updated Lists:** Updated lists of individuals/entities linked to ISIL/Da'esh, Al-Qaida, and the Taliban are available online.
* **Sanctions Details:** Details of sanctions measures and exemptions are available online.
* **Delisting Requests:** REs receiving delisting requests must forward them electronically to the Joint Secretary (CTCR), MHA. Individuals/entities can also submit delisting requests to the Ombudsperson appointed by the UN Secretary-General.
* **Compliance:** REs must take note of the UNSC communication and ensure meticulous compliance.
Impact Analysis:
**Regulated Entities (REs)**
* *Impact:* REs are responsible for ensuring compliance with Section 51A of UAPA, 1967, and the updated UNSC sanctions list, which includes freezing assets, travel bans, and arms embargoes.
* *Action Required:* REs must review the updated UNSC list, update their internal screening processes, and ensure they do not have accounts for the delisted individuals/entities. They must also forward any delisting requests to the MHA.
Key Entities Referenced
Unlawful Activities Prevention Act, 1967: Indian law aimed at prevention of unlawful activities and dealing with terrorism.
United Nations Security Council: A principal organ of the United Nations responsible for the maintenance of international peace and security.
Ministry of External Affairs: The Indian government agency responsible for the country's foreign policy.
Resolutions 1267 1989: United Nations Security Council resolutions concerning ISIL (Da'esh), Al-Qaida, and associated individuals, groups, undertakings and entities.
ISIL Da'esh: A terrorist group and former unrecognised proto-state.
Al-Qaida: A multinational militant organization.
Ministry of Home Affairs: A ministry of the Government of India.
Mumbai, Maharashtra: A city in Maharashtra where Central Office of Department of Regulation, RBI is located
RBI/2021-22/150
DOR.AML.REC.78/14.06.001/2021-22 January 06, 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 entries
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 04, 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/14758 dated 04 January 2021 regarding deletion of 5 entries [QDi.302
Name: 1: MEVLÜT 2: KAR 3: na 4: na QDi.347 Name: 1: DENIS 2: MAMADOU 3: GERHARD
4: CUSPERT QDi.390 Name: 1: NAYEF 2: SALAM 3: MUHAMMAD 4: UJAYM AL-HABABI
QDi.391 Name: 1: TURKI 2: MUBARAK 3: ABDULLAH 4: AHMAD AL-BINALI QDi.393
Name: 1: TUAH 2: FEBRIWANSYAH 3: na 4: 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
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
िविनयमन िवभाग, क��ीय कायार्लय, क��ीय कायार्लय भवन, 12व�/ 13व� मंिज़ल, शहीद भगत �संह माग,र् 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."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