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Implementation of Section 51A of UAPA,1967: Updates to UNSC’s 1267/ 1989 ISIL (Da'esh) & Al-Qaida Sanctions List: Removal of 02 entries from Sanction List

RBI/2023-24/35
DOR.AML.REC.17/14.06.001/2023-24

June 06, 2023

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: Removal of 02 entries from Sanction List

Please refer to Section 51 of our Master Direction on Know Your Customer dated February 25, 2016 as amended on May 04, 2023 (MD on KYC), in terms of which “Regulated Entities (REs) shall ensure that in terms of Section 51A of the Unlawful Activities (Prevention) (UAPA) Act, 1967 and amendments thereto, 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 connection, Ministry of External Affairs (MEA), Government of India has informed about the UNSC press release SC/15309 dated June 05, 2023 wherein the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al‑Qaida and associated individuals, groups, undertakings and entities, removed the below mentioned entries from the ISIL (Da’esh) and Al-Qaida Sanctions List after concluding its consideration of the de-listing requests for these names submitted through the Office of the Ombudsperson established pursuant to Security Council resolution 1904 (2009), and of the Comprehensive Reports of the Ombudsperson on these de-listing requests. Therefore, the assets freeze, travel ban and arms embargo set out in paragraph 1 of Security Council resolution 2610 (2021) and adopted under Chapter VII of the Charter of the United Nations no longer apply to the names set out below:

A. Individuals

QDi.379 Name: 1: ABD AL-AZIZ 2: ADAY 3: ZIMIN 4: AL-FADHIL
Name (original script): عبدالعزیز عدي زمین الفضیل
Title: na Designation: na DOB: 27 Aug. 1981 POB: Kuwait Good quality a.k.a.: a) Abd al-Aziz Udai Samin al-Fadhli b) Abd al-Aziz Udai Samin al-Fadhl c) Abd al-Aziz Adhay Zimin al-Fadhli d) Abdalaziz Ad'ai Samin Fadhli al-Fadhali Low quality a.k.a.: na Nationality: na Passport no: na National identification no: 281082701081

QDi.381 Name: 1: HAMAD 2: AWAD 3: DAHI SARHAN 4: AL-SHAMMARI
Name (original script): حمد عوض ضاحي سرحان الشمري
Title: na Designation: na DOB: 31 Jan. 1984 POB: na Good quality a.k.a.: na Low quality a.k.a.: Abu Uqlah al-Kuwaiti Nationality: Kuwait Passport no: Kuwait number 155454275 National identification no: Kuwait identity card 284013101406

3. Press release regarding the above can be found at https://press.un.org/en/2023/sc15309.doc.htm. Further, the UNSC press releases concerning amendments to the list are available at URL: https://www.un.org/securitycouncil/sanctions/1267/press-releases

4. The details of the sanction measures and exemptions are available at the following URL: https://www.un.org/securitycouncil/sanctions/1267#further_information

5. In view of the above, REs are advised to take appropriate action in terms of Section 51 of the MD on KYC and strictly follow the procedure as laid down in the UAPA Order dated February 02, 2021(amended on March 15, 2023) annexed to the MD on KYC.

6. Updated lists of individuals and entities linked to ISIL (Da'esh), Al-Qaida and Taliban are available at:

www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list

https://www.un.org/securitycouncil/sanctions/1988/materials

7. Further, as per the instructions from the Ministry of Home Affairs (MHA), any request for delisting received by any 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

8. REs are advised to take note of the aforementioned UNSC communications and ensure meticulous compliance.

Yours faithfully,

(Santosh Kumar Panigrahy)
Chief General Manager

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