Implementation of Section 51A of UAPA, 1967: Updates to UNSC’s Democratic Republic of Congo List

RBI/2020-21/25
DOR.AML.BC. No. 8/14.06.001/2020-21

August 21, 2020

The Chairpersons/ CEOs of all the Regulated Entities

Madam/Dear Sir,

Implementation of Section 51A of UAPA, 1967: Updates to UNSC’s Democratic Republic of Congo List

Please refer to Section 51 of our Master Direction on Know Your Customer dated February 25, 2016 as amended on January 09, 2020, 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).” Further, in terms of Section 53 of the Master Direction, other UNSC Resolutions circulated by the Reserve Bank in respect of any other jurisdictions/ entities from time to time shall also be taken note of by the REs.

2. In this regard, Ministry of External Affairs (MEA) has now forwarded a notification dated August 19, 2020 regarding amendment, with respect to two individuals and three entities, carried out by the United Nations Security Council (UNSC) Committee {established pursuant to resolution 1533 (2004) concerning the Democratic Republic of the Congo (DRC)} in the sanctions list concerning DRC.

  1. The UNSC press release concerning the amendment to the list is available at URL:
    https://www.un.org/press/en/2020/sc14280.doc.htm
  2. The details of the sanctions measures and exemptions are available at the following URL:
    https://www.un.org/securitycouncil/sanctions/1533/exemptions/arms-embargo
  3. Link to the latest version of the Sanctions list pertaining to DRC is:
    www.un.org/securitycouncil/sanctions/1533/materials
  4. An updated and consolidated list of all the Sanction Committees is available at the following URL:
    https://www.un.org/securitycouncil/content/un-sc-consolidated-list

3. As per the instructions from the Ministry of Home Affairs (MHA), any request for delisting received by any bank, stock exchanges/ depositories, intermediaries regulated by SEBI and Insurance companies 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 Democratic Republic of Congo 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

4. In view of the above, REs are advised to take note of the aforementioned UNSC communication and ensure meticulous compliance.

Yours faithfully,

(Dr. S. K. Kar)
Chief General Manager