Page 52 - Banking Finance October 2020

RBI CIRCULAR

2. In this regard, Ministry of External Affairs (MEA) has Export Data Processing and Monitoring
now forwarded the following Press Release issued by
the United Nations Security Council (UNSC) Committee System (EDPMS) Module for ‘Caution/
established pursuant to Resolutions 1267 (1999), 1989 De-caution Listing of Exporters’ - Review
(2011) and 2253 (2015) concerning ISIL (Da’esh), Al-
Qaida, and associated individuals, groups, undertakings RBI/2020-2021/50
and entities regarding changes in the List of individuals October 09, 2020
and entities subject to the assets freeze, travel ban and
arms embargo set out in paragraph 1 of UNSC 1. Please refer to Para 4 of Statement on Development and
resolution 2368 (2017), and adopted under Chapter VII Regulatory Policies issued on October 9, 2020. In this
of the Charter of the United Nations. connection, attention of Authorised Dealer Category – I
banks (AD banks) is invited to Para 3.1 of the APDIR
Note SC/14321 dated 8 October 2020 adding one entry Circular No. 74 dated May 26, 2016 on the Module for
to list of individuals in UNSC’s 1267/ 1989 ISIL (Da'esh) ‘Caution/ De-caution Listing of Exporters’ in the EDPMS.
& Al-Qaida Sanctions List viz.[QDi.428 Name: 1: JAMAL The extant procedure as laid down in the above para has
2: HUSSEIN 3: HASSAN 4: ZEINIYE]
since been revisited and it has been decided to withdraw
The UNSC press release concerning amendments to the the existing para 3 (1) (i) and 3 (1) (ii) with a view to make
list is available at URL: https://www.un.org/press/en/ system more exporter friendly and equitable.
2020/sc14321.doc.htm 2. Under the revised procedure, an exporter would be
3. Updated lists of individuals and entities linked to ISIL caution-listed by the Reserve Bank based on the
(Da'esh), Al-Qaida and Taliban are available at: recommendations of the AD bank concerned, depending
https://www.un.org/securitycouncil/sanctions/1267/ upon the exporters track record with the AD bank and
aq_sanctions_list investigative agencies. The AD bank would make
recommendations in this regard to the Regional Office
https://www.un.org/securitycouncil/sanctions/1988/ concerned of the Foreign Exchange Department of the
materials Reserve Bank in case the exporter has come to the adverse
4. The details of the sanctions measures and exemptions notice of the Enforcement Directorate(ED) / Central
are available at the following URL: https:// Bureau of Investigation (CBI) / Directorate of Revenue
w w w.un.org / securitycounci l/sanctions/ Intelligence (DRI) /any such other law enforcement agency
1267#further_information and/or the exporter is not traceable and/or is not making
sincere efforts to realise the export proceeds.
5. As per the instructions from the Ministry of Home
Affairs (MHA), any request for delisting received by any 3. Similarly, the AD bank would also make recommendations
Regulated Entity (RE) is to be forwarded electronically to the Regional Office of the Reserve Bank for de-caution-
to Joint Secretary (CTCR), MHA for consideration. listing an exporter as per the laid down procedure.
Individuals, groups, undertakings or entities seeking to 4. The procedural aspects on handling of shipping documents
be removed from the Security Council’s ISIL (Da'esh) of the caution-listed exporters by the AD banks, as outlined
and Al-Qaida Sanctions List can submit their request for in Para 3.2 of the circular ibid, remain unchanged.
delisting to an independent and impartial 5. AD banks may bring the contents of this circular to the
Ombudsperson who has been appointed by the United notice of their constituents concerned. The Master
Nations Secretary-General. More details are available Direction number 16/2015 dated January 1, 2016 is being
at the following URL: updated to reflect the above changes.
https://www.un.org/securitycouncil/ombudsperson/ 6. The directions contained in this circular have been issued
application under Section 10 (4) and Section 11 (1) of the Foreign
6. In view of the above, REs are advised to take note of Exchange Management Act (FEMA), 1999 (42 of 1999)
the aforementioned UNSC communication and ensure and are without prejudice to permissions / approvals, if
meticulous compliance. any, required under any other law.
(Vivek Srivastava)
(Ajay Kumar Misra)
General Manager
Chief General Manager-in-Charge

52 | 2020 | OCTOBER | BANKING FINANCE