Executive Summary:
This document from the Reserve Bank of India (RBI) relays a United Nations Security Council (UNSC) update regarding changes to the ISIL (Da'esh) and Al-Qaida sanctions list. Regulated Entities (REs) must ensure compliance with Section 51A of the Unlawful Activities Prevention Act (UAPA), 1967, regarding these lists. The UNSC has removed one individual from the sanctions list as of September 6, 2021.
Key Points / Main Content:
* **Compliance with UAPA Section 51A:**
* REs must not maintain accounts for individuals/entities on UNSC's lists of those with suspected terrorist links.
* **UNSC Sanctions List Update:**
* UNSC has deleted KHALIFA MUHAMMAD TURKI AL SUBAIY (QDi.253) from the 1267/1989 ISIL (Da'esh)/Al-Qaida Sanctions List, effective September 6, 2021.
* Press release available at: https://www.un.org/securitycouncil/sanctions/1267/press-releases
* **Updated Lists and Sanctions Information:**
* Lists of individuals/entities linked to ISIL (Da'esh), Al-Qaida, and the Taliban are available at: http://www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list and http://www.un.org/securitycouncil/sanctions/1988/materials
* Details on sanctions measures and exemptions: https://www.un.org/securitycouncil/sanctions/1267/further-information
* **Delisting Requests:**
* REs must forward delisting requests to the Joint Secretary (CTCR), Ministry of Home Affairs (MHA).
* Individuals/entities can submit delisting requests to the Ombudsperson appointed by the UN Secretary-General: https://www.un.org/securitycouncil/ombudsperson/application
Impact Analysis:
* **Regulated Entities (REs):**
* *Impact:* Must adhere to updated UNSC sanctions list and UAPA Section 51A.
* *Action Required:* Note the UNSC communication and ensure meticulous compliance; forward delisting requests to MHA.
* **Individuals/Entities seeking delisting:**
* *Impact:* Can now directly approach the Ombudsperson.
* *Action Required:* Submit delisting requests to the Ombudsperson.
Key Entities Referenced
Unlawful Activities (Prevention) Act, 1967: Indian law mentioned in the context of Section 51A, related to preventing unlawful activities.
United Nations Security Council (UNSC): International organization that maintains lists of individuals and entities with terrorist links.
ISIL (Da'esh): A terrorist group subject to UNSC sanctions.
Al-Qaida: A terrorist group subject to UNSC sanctions.
Ministry of External Affairs (MEA): The Indian government ministry that forwarded the UNSC press release.
United Nations Security Council Committee established pursuant to Resolutions 1267/1989/1999/2011/2253: The UNSC committee responsible for maintaining the sanctions list related to ISIL (Da'esh) and Al-Qaida.
Ministry of Home Affairs (MHA): The Indian government ministry to which delisting requests are to be forwarded.
Vivek Srivastava: General Manager at RBI, signatory of the letter.
RBI/2021-22/99
DOR.AML.REC.49/14.06.001/2021-22 September 13, 2021
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 one 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 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/14622 dated 06 September 2021 regarding removal of one individual
QDi.253 Name: 1: KHALIFA 2: MUHAMMAD 3: TURKI 4:AL SUBAIY] from 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:
http://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
ि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."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,
(Vivek Srivastava)
General Manager