Home India Ministry of External Affairs Section 2 of the United Nations (Security Council) Act, 1947...
Date: 2022-05-18 Category: Extra Ordinary State: Union Government Country: India

Section 2 of the United Nations (Security Council) Act, 1947

Issued by Ministry of External Affairs · UNP Division

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Executive Summary & Key Takeaways

## Report on the Implementation of the United Nations Security Council Resolutions on Iraq Third Amendment Order, 2022 **1. Executive Summary:** This report analyzes the “Implementation of the United Nations Security Council Resolutions on Iraq Third Amendment Order, 2022,” based solely on the provided official gazette notification. The core purpose of this amendment is to remove specific individuals, entities, and other groups from the list of those subject to sanctions under the original 2016 Order. The key finding is that this amendment signifies a change in the assessment of the threat posed by these listed parties concerning Iraq, as determined by the United Nations Security Council. **2. Introduction:** This report provides an overview and analysis of the “Implementation of the United Nations Security Council Resolutions on Iraq Third Amendment Order, 2022.” The analysis is based exclusively on the text of the official gazette notification published on May 18, 2022. The purpose is to inform affected industries about the changes introduced by this amendment. **3. Policy Overview:** This order is the "Implementation of the United Nations Security Council Resolutions on Iraq Third Amendment Order, 2022." It amends the “Implementation of the United Nations Security Council Resolutions on Iraq Order, 2016.” * **Core Objective:** The core objective of this amendment, inferred from the text, is to update the list of individuals, entities, and other groups subject to sanctions related to Iraq, in accordance with evolving United Nations Security Council Resolutions. Specifically, to *remove* certain listed parties. **4. Background and Rationale:** This is an amendment to an existing order. The likely reason for this specific amendment, based on the provided text, is that the United Nations Security Council has revised its stance on certain individuals, entities, and groups previously deemed to be a threat concerning Iraq. Therefore, the Indian government is updating its implementation order to reflect these changes. The removal of specific entities suggests a reassessment of their involvement or the cessation of activities that led to their initial listing. **5. Key Provisions / Changes:** This amendment focuses *specifically* on changes to the schedule (Annexure 2) of the original “Implementation of the United Nations Security Council Resolutions on Iraq Order, 2016." * **Specific Part Changed:** The amendment modifies Annexure 2 of the original order, specifically under the headings "A. Individuals" and "B. Entities and other groups." * **New Rule/Provision:** The new rule is the *removal* of specific entries from the list of sanctioned parties. Specifically, the amendment states: * "the entries IQi.075 and IQi.078 shall be omitted" under "A. Individuals." * "the entry IQe.004 shall be omitted" under "B. Entities and other groups." * **Effect of Change:** The effect of this change is that the individuals (IQi.075 and IQi.078) and the entity (IQe.004) are *no longer* subject to the sanctions outlined in the original 2016 Order. This implies a potential lifting of asset freezes, travel bans, or other restrictions previously imposed. **6. Target Audience and Stakeholders:** Based on the provided text, the target audience and stakeholders directly affected by these changes include: * Businesses and financial institutions that were previously obligated to comply with sanctions related to the removed individuals and entities. They are now able to conduct business with them as long as other sanctions or regulations do not prohibit it. * The individuals and entities themselves who are no longer subject to the specified sanctions. * Government agencies responsible for enforcing sanctions, who must now update their records and procedures to reflect these changes. **7. Implementation Aspects (Inferred):** * **Responsible Agency:** The Ministry of External Affairs is the responsible agency, as indicated by the order being issued under their authority. * **Timelines/Procedures:** The amendment came into force on the date of its publication in the Official Gazette, which was May 18, 2022. The text does not specify further detailed procedures. However, it can be assumed that relevant government departments and financial institutions will need to update their internal systems and processes to reflect the removal of the listed individuals and entities. * **(Amendment-Specific Implementation):** The immediate action required is for relevant agencies to update their databases and remove the mentioned individuals and entities from sanctions lists related to the 2016 Iraq Order. **8. Expected Outcomes / Impact of Changes:** The likely intended outcome of these specific changes introduced by the amendment text is to align Indian policy with the current stance of the United Nations Security Council regarding sanctions related to Iraq. The potential impact of the amendment is: * Reduced compliance burden for Indian businesses that previously had to screen transactions against the now-removed entities. * Potential for renewed economic activity with the delisted entities, provided they are not subject to other sanctions or regulations. * A more focused and targeted sanctions regime, concentrating on entities currently deemed to pose a significant threat. **9. Conclusion:** The “Implementation of the United Nations Security Council Resolutions on Iraq Third Amendment Order, 2022” signifies a revision of sanctions related to Iraq, removing specific individuals and entities from the list of those subject to the original 2016 Order. This amendment is a consequence of evolving international perspectives and decisions by the United Nations Security Council. Affected industries and government agencies must take note of these changes and adjust their practices accordingly. The significance of this amendment lies in maintaining India's alignment with international sanctions regimes and its commitment to implementing UN Security Council Resolutions.

Key Entities Referenced

United Nations Security Council Act, 1947: An act of parliament cited as the legal basis for the order. Implementation of the United Nations Security Council Resolutions on Iraq Order, 2016: The principal order being amended by this notification. Implementation of the United Nations Security Council Resolutions on Iraq Third Amendment Order, 2022: The title of the order published in the notification. New Delhi: Location of the Ministry of External Affairs order, likely New Delhi, Delhi, India Ministry of External Affairs: The ministry issuing the order. Prakash Gupta: Jt. Secy. (Joint Secretary) who signed the order. Iraq: Country subject of the United Nations Security Council Resolutions
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रजिस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99 xxxGIDHxxx सी.जी.-डी.एलxx.x-GअID.-E1x8x0x 52022-235822 CG-DL-E-18052022-235822 ऄसाधारण EXTRAORDINARY भाग II—खण् ड 3—ईप-खण्ड (ii) PART II—Section 3—Sub-section (ii) प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 2156] नइ ददल्ली, बुधिार, मइ 18, 2022/ििै ाख 28, 1944 No. 2156] NEW DELHI, WEDNESDAY, MAY 18, 2022/VAISAKHA 28, 1944 जिदिे मंत्रालय अदिे नइ ददल्ली, 18 मइ, 2022 का.अ. 2275(ऄ).—केन्द्रीय सरकार, संयुक्त राष्ट्र (सुरक्षा पररषद) ऄजधजनयम, 1947 (1947 का 43) की धारा 2 द्वारा प्रद्त्त िजक्तयों का प्रयोग करते हुए, आराक संबंधी संयुक्त राष्ट्र सुरक्षा पररषद संकल्पों का कायाान्द्ियन अदेि, 2016 का और संिोधन करन े के जलए जनम्नजलजखत अदिे करती ह,ै ऄथाता ्— (1) आस अदेि का संजक्षप्त नाम आराक संबंधी संयुक्त राष्ट्र सुरक्षा पररषद संकल्पों का कायाान्द्ियन (तृतीय संिोधन) अदेि, 2022 ह ै। (2) यह रािपत्र म ेंप्रकािन की तारीख को प्रिृत होगा । 2. आराक संबंधी संयुक्त राष्ट्र सरु क्षा पररषद संकल्पों का कायाान्द्ियन अदिे , 2016 की ऄनुसूची के ईपाबंध 2 म ें (क) िीषाक "क. व्यजक्तयों" के ऄधीन प्रजिजियों अइक्यअू इ.075, अइक्यअू इ.078 का लोप दकया िाएगा; (ख) िीषाक "ख. जनकाय और ऄन्द्य समूह" के ऄधीन प्रजिजि अइक्यूअइ.004 का भी लोप दकया िाएगा । [फा.सं.यू.II/152/32/2015] प्रकाि गुप्ता, संयुक्त सजचि 3311 GI/2022 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)] रिप्पणः मूल अदेि भारत के रािपत्र, ऄसाधारण, भाग II, खण्ड 3, ईपखण्ड (ii) में ऄजधसूचना संख्या का.अ. 2272 (ऄ), तारीख 1 िुलाइ, 2016 द्वारा प्रकाजित दकया गया था और ऄंजतम बार ऄजधसूचना संख्या का.अ. 1796 (ऄ), तारीख 12 ऄप्रलै , 2022 द्वारा संिोजधत दकया गया । MINISTRY OF EXTERNAL AFFAIRS ORDER New Delhi, the 18th May, 2022 S.O. 2275(E).—In exercise of the powers conferred by section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947), the Central Government hereby makes the following Order further to amend the Implementation of the United Nations Security Council Resolutions on Iraq Order, 2016, namely:— 1. (1) This Order may be called the Implementation of the United Nations Security Council Resolutions on Iraq (Third Amendment) Order, 2022. (2) It shall come into force on the date of its publication in the Official Gazette. 2. In the Implementation of the United Nations Security Council Resolutions on Iraq Order, 2016, in the Schedule, in Annexure 2,- (a) under the heading “A. Individuals”, the entries IQi.075 and IQi.078 shall be omitted; (b) under the heading “B. Entities and other groups”, the entry IQe.004 shall be omitted. [F. No. U.II/152/32/2015] PRAKASH GUPTA, Jt. Secy. Note: The principal Order was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii), vide notification number S.O. 2272(E), dated the 1st July, 2016 and last amended vide notification number S.O. 1796 (E), dated the 12th April, 2022. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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