UAPA Compliance: UN Splits Al-Qaida & Taliban Sanctions Lists

RBI/2011-12/418 UBD.CO.BPD (PCB) Cir. No.20/14.01.062/2011-12 March 1, 2012 The Chief Executive Officer of All Primary (Urban) Co-operative Banks Madam/Dear Sir, Implementation of Section 51-A of UAPA, 1967- Splitting of UNSC 1267 Committee's list of individuals and entities linked to Al-Qaida and Taliban Please refer to the UN Security Council's 1267 Committee’s Consolidated List of individuals and entities linked to Al-Qaida and Taliban who are subject to the assets freeze, travel ban and arms embargo as set out in relevant Security Council Resolution 1822 (2008). Pursuant to being included in the 1267 Committee’s Consolidated List, these individuals and entities are subject of action under Section 51A of the Unlawful Activities (Prevention) Act, 1967. 2. The UN Security Council has adopted Resolutions 1988 (2011) and 1989 (2011) which have resulted in splitting of the Consolidated List into two separate lists, namely: (i) “Al-Qaida Sanctions List”, which is maintained by the 1267 / 1989 Committee. This List shall include only the names of those individuals, groups, undertakings and entities associated with Al-Qaida. General information on the work of the committee is available at http://www.un.org/sc/committees/1267/information.shtml . The Updated Al-Qaida Sanctions List is available at http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml (ii) “1988 Sanctions List”, which is maintained by the 1988 Committee. This list consists of names previously included in Sections A (“Individuals associated with the Taliban”) and B (“Entities and other groups and undertakings associated with the Taliban”) of the Consolidated List. The Updated 1988 Sanctions list is available at http://www.un.org/sc/committees/ 1988/list.shtml 3. It may be noted that both “Al-Qaida Sanctions List” and “1988 Sanctions List” are to be taken into account for the purpose of implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967. 4. This information is being issued in pursuance of the instructions contained in the Ministry of Home Affairs (Internal Security-I Division), Government of India’s order F. No. 17015/10/2002-IS-IV, dated 27 August 2009, regarding the Procedure for implementation of Section 51A of the Unlawful Activities(Prevention) Act, 1967. 5. Primary (Urban) Co-operative Banks are required to update the lists of individuals/entities as circulated by Reserve Bank and before opening any new account, it should be ensured that the name/s of the proposed customer does not appear in either list. Further, banks should scan all existing accounts to ensure that no account is held by or linked to any of the entities or individuals included in the two lists. 6 . Primary (Urban) Co-operative Banks are advised to strictly follow the procedure laid down in the UAPA Order dated August 27, 2009 enclosed to our circular UBD.CO.BPD. PCB.Cir. No. 21/12.05.001/2009-10 dated November 16, 2009 and ensure meticulous compliance to the Order issued by the Government. 7. As far as freezing of funds, financial assets or economic resources or related services held in the form of bank accounts of the designated individuals/entities are concerned, action should be taken as detailed in paragraph 7 of the circular dated November 16, 2009, mentioned above. 8. The Compliance Officer/Principal Officer should acknowledge receipt of this circular. Yours faithfully, (A. Udgata) Chief General Manager-in-Charge

Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2011-12/418 · issued 01 Mar 2012. The plain-English explanation above is BankPulse’s own independent summary.

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