RBI Updates UNSC Sanctions Lists for UAPA Compliance

RBI/2021-22/19 DoR.AML.REC.03/14.06.001/2021-22 April 08, 2021 The Chairpersons/ CEOs of all the Regulated Entities Madam/Dear Sir, Implementation of Section 51A of UAPA, 1967 and Security Council Resolution: Updates to UNSC’s 1267/ 1989 ISIL (Da'esh) & Al-Qaida Sanctions List & Democratic People’s Republic of Korea (DPRK)Order, 2017 Please refer to Section 51 of our Master Direction on Know Your Customer dated February 25, 2016 as amended on April 01, 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 and Chapter IX (‘Requirements/obligations under International Agreements Communications from International Agencies’) which, inter alia, mandates the REs to take note of United Nations Security Council Resolutions (UNSCRs) circulated by the Reserve Bank in respect of any jurisdictions/ entities. 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/14489 dated 6 April 2021 regarding amendment of 1 individual in UNSC’s 1267/1989 ISIL (Da'esh) & Al-Qaida Sanctions List viz. [ QDi.217 Name : 1: ABU BAKAR 2: BA'ASYIR 3: na 4: na]. 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 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. Further, in case of Democratic People‘s Republic of Korea, REs shall adhere to the ‘Implementation of Security Council Resolution on Democratic People’s Republic of Korea Order, 2017’ as amended from time to time by the Central Government and shall also verify every day, the ‘UNSCR 1718 Sanctions List of Designated Individuals and Entities‘, as hyperlinked in ‘Implementation of UNSC Sanctions (DPRK)‘ webpage of the Ministry of External Affairs (MEA) website at https://www.mea.gov.in/Implementation-of-UNSC-Sanctions-DPRK.htm to take note of the modifications to the list in terms of additions, deletions or other changes. 7. In view of the above, REs are advised to take note of the aforementioned instructions regarding UNSC communication & Security Council Resolution on DPRK and ensure meticulous compliance. Yours faithfully, (Vivek Srivastava) General Manager

Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2021-22/19 · issued 08 Apr 2021. The plain-English explanation above is BankPulse’s own independent summary.

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