2022-01-01
The President of the State of Palestine issued Decree No. 14 of 2022 to implement United Nations Security Council resolutions regarding counter-terrorism and non-proliferation of weapons of mass destruction. The decree establishes the Committee for Implementing Security Council Resolutions, chaired by the Attorney General, with authority to maintain national and UN sanction lists and enforce asset freezes. It mandates strict reporting timelines, defines legal terms for financial and non-financial sectors, and outlines procedures for listing and delisting individuals and entities.
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President of the State of Palestine President of the Executive Committee of the Palestine Liberation Organization
Based on the Statute of the Palestine Liberation Organization, and the Basic Law amended for the year 2003 and its amendments, and after reviewing Law-Decree No. (39) of the year 2022 regarding the combating of money laundering and the financing of terrorism, and Law-Decree No. (41) of the year 2020 regarding Administrative Courts and its amendments, and the resolutions of the United Nations Security Council concerning the financing of terrorism related to the organization of Daesh (ISIS), Al-Qaeda, and their associated entities, and the organization of the Taliban and its associates, and the resolutions of the United Nations Security Council related to preventing, suppressing, and disrupting the proliferation of weapons of mass destruction and their financing, issued under Chapter VII of the Charter of the United Nations, and based on the powers vested in us, and in the public interest, and to achieve we have decreed as follows:
Chapter One Definitions and General Provisions
Article (1) Definitions
The President: The President of the State of Palestine, President of the Executive Committee of the Palestine Liberation Organization.
The Law: The Law-Decree regarding the combating of money laundering and the financing of terrorism in force.
The Committee: The Committee for Implementing Security Council Resolutions established in accordance with the Law.
Funds or Other Assets: Assets of every kind, whether tangible or intangible, movable or immovable, including but not limited to oil and other natural resources, property of all types, whether physical or non-physical, whether movable or immovable, whether tangible or intangible, regardless of how they were obtained, virtual assets, and documents or legal instruments of any form, including electronic or digital, indicating ownership rights to such funds or assets or a share or benefit therein, circulating currencies, foreign currencies, bank credits, traveler's checks, bank checks, payment orders, financial drafts, cash transfers, shares, securities, bonds, bills of exchange, financial drafts, letters of credit, and any interest, income, share in profits, or any other income or value due from or derived from these funds, and any other assets that may be used to obtain funds or other assets or goods or services.
Person: A natural person or a legal entity.
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Entity: Any aggregation, group, organization, partnership, or undertaking, and any other person or group of persons that does not possess legal personality.
Basic Expenses: Expenses that the Committee deems necessary for the support of the listed person or entity or a member of their family, including amounts paid for food, medicines, medical treatment, rent or mortgage, taxes, insurance premiums, reasonable professional fees, and reimbursement of expenses exclusively related to securing legal services, or fees or charges related to the ordinary maintenance of frozen funds or other assets due to the trustee, custodian, or manager of such funds or assets in accordance with the laws in force in the State of Palestine.
Exceptional Expenses: Expenses that the Committee does not consider as basic expenses.
Diplomatic Channels: Methods of communication with the Ministry of Foreign Affairs and Expatriates, such as communication through Palestinian embassies abroad, the Permanent Mission of the State of Palestine to the United Nations, or foreign embassies within the State of Palestine.
Financial Services or Other Related Services: Any service of a financial nature, including but not limited to:
Insurance services and insurance-related services: a. Direct life insurance and other types of insurance (excluding life insurance) (including co-insurance or mutual insurance). b. Reinsurance and retrocession and assumption of reinsurance. c. Insurance brokerage, such as mediation and agency. d. Support services for insurance, such as consulting, actuarial services, risk assessment services, and claims settlement. e. Consulting, brokerage, and other financial support services for all activities specified in items (a, b, c, d) of this paragraph, including classification, credit analysis, research, investment and portfolio advice, and advice on acquisitions, restructuring, and corporate strategies.
Banking services and other financial services: a. Acceptance of deposits and other repayable funds from the public, including specialized banking services. b. Lending of all types, including consumer loans, mortgage loans, and trade financing. c. Financial leasing. d. All payment and money transfer services, including debit cards, traveler's checks, bank drafts, and money or value transfer services. e. Financial guarantees and financial commitments.
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f. Trading in the following instruments, whether for the account of the specific person, for the account of their clients, or in the official exchange market or outside it, including: 1. Money market instruments, including checks, banknotes, certificates of deposit, short-term debt instruments, certificates of deposit, and other derivatives. 2. Foreign exchange. 3. Transferable securities. 4. Other tradable instruments and financial assets, including gold bullion. g. Participation in the issuance of all types of securities, including acting as an underwriting and placement agent, whether public or private, and providing related services. h. Custody and administration of cash or liquid securities on behalf of others. i. Financial brokerage. j. Asset management, such as money or portfolio management, all types of collective investment management, pension fund management, and custody, deposit, and credit services organized and operated on behalf of others. k. Settlement and clearing services for financial assets, including securities and other tradable instruments. l. Provision of financial information and data processing and related software by other financial service providers. m. Consulting, brokerage, and other financial support services for all activities mentioned in items (a) to (l) of this paragraph, including classification, credit analysis, research, investment and portfolio advice, and advice on acquisitions, restructuring, and corporate strategies. n. Any other services determined by the Committee.
Listing: Identifying a person or entity as subject to targeted financial sanctions pursuant to Articles (13) and (14) of this Decree, or parallel provisions in other laws and jurisdictions.
Listing Information: The name of the listed person or entity and all identification information associated with them.
National Listing List: The list prepared in accordance with the provisions of this Decree.
Proliferation Financing: Financing the proliferation of weapons of mass destruction.
Reasonable Grounds for Suspicion: The grounds that enable the Committee to make clear and timely decisions regarding whether the proposed names for listing on the sanctions committees established pursuant to Resolutions (1988) or (1267 and 1989) or the Committee established pursuant to Resolution (1988), or the names intended to be listed or required to be listed by local or other foreign authorities on the National Listing List, or the names listed on the National Listing List that the Committee requests other countries to list on their lists, meet the listing criteria for those lists, such that the information available to the Committee is credible, sufficiently detailed, from multiple sources, and coherent with each other, so that the data is consistent and does not contradict any other detailed and credible information available to the Committee.
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Relevant Security Council Resolutions: Resolutions issued by the United Nations Security Council under Chapter VII of the Charter of the United Nations regarding the combating and prevention of terrorism or the financing of terrorism or proliferation financing, including but not limited to Resolutions (1267) of 1999, (1373) of 2001, (2253) of 2015, (1718) of 2006, (1874) of 2009, (2087) of 2013, (2094) of 2013, (2231) of 2015, (2270) of 2016, (2321) of 2016, (2356) of 2017, and all related, current, future, and subsequent resolutions.
Sanctions Committees: The sanctions committees established pursuant to United Nations Security Council Resolutions No. (1267) of 1999 and (1989) of 2011 and (2253) of 2015 regarding Al-Qaeda and Daesh and their associated entities, the sanctions committee established pursuant to United Nations Security Council Resolution No. (1718) of 2006 regarding the Democratic People's Republic of Korea, or the sanctions committee established pursuant to United Nations Security Council Resolution (1988) of 2011 regarding the Taliban organization and its associates.
Security Council: The United Nations Security Council.
United Nations List: A list of all persons and entities who are subject to targeted financial sanctions pursuant to relevant Security Council resolutions and are maintained by any of the sanctions committees, and any other person or entity subject to targeted financial sanctions pursuant to Security Council resolutions related to the proliferation of weapons of mass destruction or the financing of proliferation, in addition to all information regarding their identification.
Freezing: Prohibiting the transfer, conversion, disposition, movement, or use of funds or other assets or equipment or other means, or dealing with them, when they are owned or controlled by listed persons or entities pursuant to relevant Security Council resolutions applicable to actions initiated by the Security Council or in accordance with actions taken by the Committee, and during the duration of those actions and resolutions.
Delisting: Removing or deleting the name of a person or entity from the United Nations List or the National Listing List.
Written Notice or Written Request: A notice or request submitted in writing, whether by paper copy via mail or courier or fax, or by electronic copy via email, internet, or electronic portal.
Chapter Two Committee for Implementing Security Council Resolutions
Article (2) Committee for Implementing Security Council Resolutions
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g. The Director of the Financial Intelligence Unit as a member. h. The Director of Supervision at the Palestinian Monetary Authority as a member. i. The Director General of the Capital Market Authority as a member. j. The President of the Lands Authority as a member. k. A representative of the General Intelligence Service as a member. l. A representative of the Preventive Security Agency as a member. m. The Director of the National Central Bureau "Interpol Palestine" as a member.
The member representing items (k) and (l) of paragraph (1) of this Article must be of a senior rank, appointed by the head of the respective agency.
Any other entity may be represented in the Committee's membership if necessary, by a decision of the President based on a proposal from the Committee Chairman.
Article (3) Powers of the Committee
The Committee has the following powers to carry out its tasks as stipulated in this Decree:
Article (4) Committee Secretariat
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g. Collecting information about persons or entities whose listing has been proposed or who have submitted requests for delisting, analyzing this information, and submitting it to the Committee for consideration in accordance with this Decree. h. Receiving requests submitted pursuant to Articles (16, 17, 18, 19) of this Decree, analyzing them, and submitting them to the Committee for consideration. i. Keeping the minutes and records of the Committee.
The Secretariat shall be attached to the Human Resources of the Public Prosecution and provided with the necessary resources to perform its tasks.
The Secretariat shall coordinate with all entities represented in the Committee to ensure the implementation of obligations and duties stipulated in this Decree.
Article (5) Committee Meetings
The Committee shall meet periodically every three months, and may hold emergency meetings upon invitation by the Committee Chairman or upon request by at least six members.
A Committee meeting shall be quorate with the presence of a majority of its members (50% + 1), including the Committee Chairman.
Committee decisions shall be made by a majority vote of the attending members. If votes are tied, the decision favored by the Chairperson of the meeting shall prevail.
Committee meetings and decisions shall be documented in writing in official minutes signed by the Committee Chairman and attending members.
The Committee shall issue an internal regulation determining the mechanisms for holding meetings, invitations, minutes, and all related matters.
Chapter Three Security Council Resolution (1267) and its Subsequent Resolutions and Resolutions Related to Proliferation Financing
Article (6) Committee's Responsibility Regarding Lists Approved by UN Sanctions Committees
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Article (7) Authority to Propose Listing to UN Sanctions Committees
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f. Participating in the financing of any act, activity, planning, facilitating, preparing, or executing by the Taliban or in cooperation with them, on their behalf, or in their name, or in support of them, in threatening peace, stability, and security in Afghanistan. g. Supplying, selling, or transferring arms or related materials to the Taliban in threatening peace, stability, and security in Afghanistan. h. Recruiting on behalf of the Taliban in threatening peace, stability, and security in Afghanistan. i. Supporting the Taliban in forming a threat to peace, stability, and security in Afghanistan in any other way. j. Any person or entity that is owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria mentioned in items (f, g, h, i) of paragraph (1) of this Article, or any person acting on behalf of or at the direction of any of these persons or entities.
The Committee shall follow the procedures and forms approved by the relevant sanctions committees for listing.
The Committee shall provide as much information as possible about the proposed name to accurately identify the person or entity, such that the information includes the following elements: a. For natural persons: The full name of the person and any alias or pseudonym, date of birth, nationality, gender, names of family members if available, information about employment or occupation, country or countries of residence, passport number, ID card number, current address, and previous addresses. b. For legal persons or entities: The name, trade name, abbreviation, and any other names by which they are currently known or were previously known, the address of the headquarters, branches, subsidiaries, organizational links, ownership and management structure, name of the parent company, nature of work or commercial activity, country or countries of activity, registration or incorporation number, or any other number identifying the entity and the website, and it must be specified whether the entity is subject to liquidation or dissolution.
The listing request must include a statement of reasons containing details on the basis for proposing the listing on the United Nations List, information on the extent to which listing criteria are met, and any supporting information or documents, including any association of the proposed listed person with any other listed person or entity, except for any parts determined by the Committee as confidential and for the Security Council only, and the statement of reasons must be suitable for publication pursuant to procedures adopted in the relevant sanctions committee or the Security Council.
The listing request must specify whether the State of Palestine wishes to be identified as the state submitting the listing request.
The Committee exercises its authority under paragraph (1) of this Article regardless of whether a criminal case exists or not.
The proposal must be made unilaterally without prior notice to the concerned person or entity.
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Article (8) Delisting by a UN Sanctions Committee
Any person or entity listed by the sanctions committees who holds Palestinian nationality, resides in the State of Palestine, or has a place of work or residence in the State of Palestine may submit a request for delisting directly to the Office of the Ombudsman of the United Nations or the UN De-listing Focal Point, as appropriate, or do so through the Committee with its approval. The Committee may, on its own initiative if it deems its work justified, submit a delisting request either on behalf of a Palestinian citizen, a person residing in the State of Palestine, a person or entity with a place of work or residence in the State of Palestine, or any other person or entity that no longer, in the Committee's opinion, meets the listing criteria.
The Committee shall refer requests it approves or issues pursuant to paragraph (1) of this Article to the Ministry of Foreign Affairs and Expatriates, for referral to the Security Council or the relevant sanctions committee or to the Office of the Ombudsman of the United Nations or the UN De-listing Focal Point, as appropriate, pursuant to procedures in force in the Security Council or the relevant sanctions committee.
The Committee shall receive requests for information or additional inputs related to delisting requests submitted by a listed person or entity or another state through the Office of the Ombudsman of the United Nations or the UN De-listing Focal Point or the Security Council or the relevant sanctions committee.
The Committee shall review the requests within the period specified by the Office of the Ombudsman or the UN De-listing Focal Point or the Security Council or the relevant sanctions committee, and provide a response to that entity, mentioning, as appropriate, whether, in its opinion, the name of that listed person or entity may be deleted. To this end, it may obtain additional information from any authority, financial institution, or one of the non-financial businesses and professions specified in accordance with the Law, within the specified period.
The Committee may, through the Ministry of Foreign Affairs and Expatriates, submit to the Security Council or the relevant sanctions committee or the UN De-listing Focal Point a request to delist deceased persons listed on the list, providing relevant documents. It may also submit a similar request with relevant documents for entities that no longer exist or have no actual activity. Before submitting any such request, the Committee must take appropriate measures to ensure that any heirs or beneficiaries of the funds or other assets that will be unfrozen are not listed and do not meet the listing criteria in Articles (7) or (10) of this Decree, and the Committee must inform the Security Council or the relevant sanctions committee or the Office of the Ombudsman of the United Nations or the UN De-listing Focal Point of this matter.
If a listed name is deleted for a Palestinian citizen, a person residing in the State of Palestine, or a person or entity with a place of work or residence in the State of Palestine, the Committee must, by written notice, inform the person or entity of the deletion of their listed name.
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Article (9) Providing Information to the Security Council or Relevant Sanctions Committee
The Committee must inform the Security Council or sanctions committees, as appropriate, through the Ministry of Foreign Affairs and Expatriates, of the following information:
Article (10) National Listing
The Committee shall list a person or entity on the National Listing List if there are reasonable grounds for suspicion that they meet any of the following criteria: a. If a person or entity has committed, attempted to commit, or participated in or facilitated the commission of a terrorist act. b. If the entity is owned or controlled, directly or indirectly, by one or more persons or entities mentioned in item (a) of this paragraph. c. If a person or entity acts on behalf of or at the direction of one or more persons or entities mentioned in item (a) of this paragraph.
The Committee may consider listing requests from any local or foreign authority, provided that requests from foreign competent authorities are sent through diplomatic channels to the Ministry of Foreign Affairs and Expatriates, which shall refer them to the Committee.
The Committee exercises its authority under paragraph (1) of this Article regardless of whether a criminal case exists or not.
The proposal must be made unilaterally without prior notice to the concerned person or entity.
The Committee shall create a list containing the names of persons and entities listed pursuant to this Article and maintain that list, known as the "National Listing List."
The National Listing List shall be published on the Committee's website and disseminated to supervisory authorities, competent authorities, other local authorities, financial institutions, and non-financial businesses and professions specified within (16) hours of this Decree entering into force.
Amendments to the National Listing List, including any new listing, modification, or deletion of listing information, shall be published on the Committee's website and disseminated to supervisory authorities, financial institutions, and non-financial businesses and professions specified in accordance with the Law, within (16) hours of the decision being made.
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Chapter Four Freezing of Funds and Other Assets
Article (11) Prohibition of Dealing with Funds and Other Assets
All persons, entities, and institutions, including financial institutions and non-financial businesses and professions specified in accordance with the Law, are prohibited from dealing with funds or other assets owned or controlled, directly or indirectly, by persons or entities listed on the United Nations List or the National Listing List, or by persons or entities acting on their behalf or at their direction, in any way that would result in any change in their volume, amount, location, ownership, possession, nature, direction, or any other change that would enable their use, including portfolio management.
No funds or other assets shall be made available, directly or indirectly, to or for the benefit of persons or entities listed on the United Nations List or the National Listing List, or persons or entities acting on their behalf or at their direction.
The provisions of this Article shall not prevent the crediting of funds or other assets to an account, provided that any increase in the amount of funds or other assets credited to the account is also frozen in accordance with this Decree.
Article (12) Exceptions to Freezing
The Committee may authorize the unfreezing of specific funds or other assets, or the making available of specific funds or other assets, if it determines that such funds or other assets are necessary for: a. Basic expenses, including payments for food, rent or mortgage, medicines, medical treatment, taxes, insurance premiums, and utility bills. b. Exceptional expenses, provided that the Committee has determined that such expenses are necessary and that the funds or other assets are not subject to freezing pursuant to relevant Security Council resolutions. c. Payment of professional fees and reimbursement of expenses related to the provision of legal services. d. Payment of fees or charges for the ordinary maintenance of frozen funds or other assets.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of insurance premiums, provided that the insurance is not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of taxes, provided that the taxes are not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of utility bills, provided that the bills are not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of professional fees and reimbursement of expenses related to the provision of legal services, provided that the services are not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of fees or charges for the ordinary maintenance of frozen funds or other assets, provided that the maintenance is not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of insurance premiums, provided that the insurance is not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of taxes, provided that the taxes are not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of utility bills, provided that the bills are not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of professional fees and reimbursement of expenses related to the provision of legal services, provided that the services are not related to any person or entity listed on the United Nations List or the National Listing List.
The Committee may authorize the unfreezing of funds or other assets or the making available of funds or other assets for payment of fees or charges for the ordinary maintenance of frozen funds or other assets, provided that the maintenance is not related to any person or entity listed on the United Nations List or the National Listing List.
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Article (13) Notification of Freezing
The Committee shall notify the person or entity whose funds or other assets have been frozen of the freezing decision, including the reasons for the freezing and the information available to the Committee regarding the listing.
The notification shall be sent to the person or entity through the channels specified in the listing information, or through diplomatic channels if no other channel is available.
The notification shall include information on the right to request delisting and the procedures for doing so.
Article (14) Reporting Obligations
Financial institutions and non-financial businesses and professions specified in accordance with the Law shall report to the Committee any transactions involving funds or other assets owned or controlled, directly or indirectly, by persons or entities listed on the United Nations List or the National Listing List.
The report shall be submitted within (24) hours of the transaction being detected.
The report shall include details of the transaction, including the amount, the date, the parties involved, and the account numbers.
The Committee shall review the reports and take appropriate action, including freezing the funds or other assets involved.
The Committee shall inform the Ministry of Foreign Affairs and Expatriates of any actions taken, which shall then inform the Security Council or the relevant sanctions committee.
Chapter Five Penal Provisions
Article (15) Violations
Any person who violates the provisions of this Decree shall be subject to the penalties stipulated in the Law regarding the combating of money laundering and the financing of terrorism.
Any financial institution or non-financial business or profession specified in accordance with the Law that fails to comply with the provisions of this Decree shall be subject to administrative sanctions in accordance with the laws and regulations governing such institutions or professions.
The Committee may refer any violations to the Public Prosecution for criminal prosecution.
Chapter Six Final Provisions
Article (16) Entry into Force
This Decree shall enter into force on the date of its publication in the Official Gazette.
Article (17) Repeal
Any provisions in previous laws or regulations that conflict with the provisions of this Decree are hereby repealed.
Article (18) Publication
This Decree shall be published in the Official Gazette and disseminated to all concerned authorities.
President of the State of Palestine President of the Executive Committee of the Palestine Liberation Organization
[Signature]
Date: 2022/08/14
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