SEBI – Implementation of Section 51A of UAPA 1967

Reetu | Oct 15, 2020 |

SEBI – Implementation of Section 51A of UAPA 1967

SEBI – Implementation of Section 51A of UAPA 1967

Securities and Exchange Board of India

PRESS RELEASE

October 14, 2020

PR No.54/2020

Implementation of Section 51A of UAPA, 1967: Updates to UNSC’s 1267/ 1989 ISIL (Da’esh) & Al-Qaida Sanctions List – Addition of one entry

1. Clause 2.8 of the SEBI Master Circular Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) / Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and Rules framed there under dated Oct 15, 2019 inter-alia states that registered intermediaries should ensure that accounts are not opened in the name of anyone whose name appears in updated list of individuals and entities which are subject to various sanction measures such as freezing of assets/accounts, denial of financial services etc., as approved by the Security Council Committee established pursuant to various United Nations’ Security Council Resolutions (UNSCRs). Registered intermediaries shall continuously scan all existing accounts to ensure that no account is held by or linked to any of the entities or individuals included in the list.

2. In this regard, UNSC has released the following press release:

a) Note SC/14321 dated 8 October 2020 adding one entry to list of individuals in UNSC’s 1267/ 1989 ISIL (Da’esh) & Al-Qaida Sanctions List viz.

Individuals

QDi.428 Name: 1: JAMAL 2: HUSSEIN 3: HASSAN 4: ZEINIYE
Name (original script): جمال حسین حسن زینیھ Title: na Designation: na DOB: a) 17 Aug 1972 b) 1 Jan 1972 POB: a) Benghazi, Libya b) Al Tall, Syrian Arab Republic c) Tell Mnin, Syrian Arab Republic Good quality a.k.a.: Jamal Husayn Zayniyah Low quality a.k.a: a) Abu Malek El Talleh b) Abu Hussein c) abu-Malik al-Ansari d) Abu-Malik al-Shami e) Abu-Malik al-Talli Nationality: Syrian Arab Republic Passport No: Syrian Passport No: 3987189 National identification No: a) 13080011550 b) Syrian Identification Card No. 5877002 issued 25 May 2011 Address: a) Syrian Arab Republic b) Arsal, Bekaa, Lebanon Listed on 8 Oct.2020 Other information: Leader of AL-NUSRAH FRONT FOR THE PEOPLE OF THE LEVANT (QDe.137) in West Kalamoun, Syrian Arab Republic. Mother’s name is Amina Tohmeh.

INTERPOL-UN Security Council Special Notice web link:

www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals.

The UNSC press release concerning the amendment to the list are available at URL:

https://www.un.org/press/en/2020/sc14321.doc.htm

b) The latest versions of the Sanctions lists are accessible on the UN Security Council’s website at the following URL:

List of individuals and entities issued by the UNSC ISIL (Da’esh) and Al-Qaida Sanctions Committee:

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

List issued by the UNSC Committee established pursuant to resolution 1988 (2011) of individuals and entities linked to Taliban

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

3. Stock Brokers/Depositories/AMFI/Registered intermediaries are advised to

a) circulate these press releases to respective members / participants / AMC’s for necessary compliance as required.

b) follow the procedure as well as advise their respective members / participants / AMC’s to follow the procedure as mentioned in the Central Government Order dated March 14, 2019 detailing the implementation of Section 51A of Unlawful Activities (Prevention) Act, 1967.

c) Scan all existing accounts to ensure that no account is held by or linked to any of the entities or individuals included in the list and also ascertain the same for future accounts as well (As per Clause 2.8.1 of SEBI “Guidelines on Anti-Money Laundering (AML) Standards and Combating the Financing of Terrorism (CFT) / Obligations of Securities Market Intermediaries under the Prevention of Money Laundering Act, 2002 and Rules framed there under” issued on Oct 15, 2019, and

d) Forward any request for de-listing received by them, electronically to Joint Secretary (CTCR) (e-mail id: [email protected]) and a copy of the same to MHA, Joint Secretary (UNP) (e-mail id: [email protected]).

4. As per the instructions from Ministry of Home Affairs (MHA), 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

 

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