Executive Summary:
This letter from the RBI addresses updates to the UNSC's ISIL (Da'esh) & Al-Qaida Sanctions List, referencing Section 51A of the UAPA Act, 1967. It informs Regulated Entities (REs) of the deletion of one individual from the list and instructs them to meticulously comply with the updated sanctions. Any delisting requests are to be forwarded to the Ministry of Home Affairs (MHA).
Key Points / Main Content:
* **Compliance with UAPA Act, 1967:**
* REs must ensure they do not hold accounts for individuals/entities on the UNSC's lists of those suspected of terrorist links.
* **UNSC Sanctions List Updates:**
* MEA has forwarded UNSC updates regarding changes to the ISIL (Da'esh), Al-Qaida sanctions list.
* Note SC/14146 (dated March 24, 2020) details the deletion of Ibrahim Mohamed Khalil (QDi.206) from the list.
* Updated lists are available at the provided URLs.
* **Delisting Requests:**
* Any delisting requests received by REs must be forwarded electronically to the Joint Secretary (CTCR), MHA.
* Individuals/entities can submit delisting requests to the Ombudsperson appointed by the UN Secretary-General.
Impact Analysis:
* **Regulated Entities (REs):**
* *Impact:* REs must stay informed about changes to the UNSC sanctions list to ensure compliance with Section 51A of the UAPA Act.
* *Action Required:* Review and update their records based on the provided UNSC communication, meticulously comply with the updated sanctions list, and forward any delisting requests to the MHA.
* **Individuals/Entities on the Sanctions List:**
* *Impact:* Changes to the list directly affect individuals/entities subject to assets freeze, travel ban, and arms embargo.
* *Action Required:* Those seeking removal from the list can submit a request to the Ombudsperson.
* **Ministry of Home Affairs (MHA):**
* *Impact:* The MHA is responsible for considering delisting requests.
* *Action Required:* Review delisting requests forwarded by REs.
Key Entities Referenced
Unlawful Activities (Prevention) Act, 1967: Indian law mentioned in the context of Section 51A, related to prevention of unlawful activities.
United Nations Security Council (UNSC): International organization that maintains lists of individuals and entities subject to sanctions.
ISIL (Da'esh) and Al-Qaida: Terrorist organizations subject to sanctions by the UNSC.
Ministry of External Affairs (MEA): The Indian government ministry that forwarded the UNSC notification.
Resolution 2368 (2017): UNSC resolution 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.
Ministry of Home Affairs (MHA): The Indian government ministry from which instructions regarding delisting requests are received.
Taliban: An entity along with ISIL (Da'esh) and Al-Qaida are available at UNSC Sanctions List
Mumbai, Maharashtra: Location of the Department of Regulation, Central Office.
RBI/2019-20/195
DOR.AML.BC.No.58/14.06.001/2019-20 March 27, 2020
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 individual
Please refer to Section 51 of our Master Direction on Know Your Customer dated February 25,
2016 as amended on January 09, 2020, 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 notification
(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/14146 dated 24 March 2020 regarding deletion of a Syrian individual [QDi.206 Name:
1: IBRAHIM 2: MOHAMED KHALIL] in UNSC’s 1267/ 1989 ISIL (Da'esh) & Al-Qaida Sanctions
List.
The UNSC press release(s) concerning amendments to the list are available at
URL: https://www.un.org/securitycouncil/sanctions/1267/press-releases
3. Updated list of individuals and entities linked to ISIL (Da'esh), Al-Qaida and Taliban are
available at:
https://www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list
https://www.un.org/securitycouncil/sanctions/1988/materials
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"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. 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
5. In view of the above, REs are advised to take note of the aforementioned UNSC
communication and ensure meticulous compliance.
Yours faithfully,
(Dr. S. K. Kar)
Chief General Manager