Decree No. 14 of 2022 on the Implementation of Security Council Resolutions

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Official Gazette 83 Reference No.: 193-8-2022
No. 193 2022/08/14
Decree No. 14 of 2022
On the Implementation of Security Council Resolutions

President of the State of Palestine
Chairman of the Executive Committee of the Palestine Liberation Organization

Based on the Basic 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 2022 on Combating Money Laundering and the Financing of Terrorism, and Law-Decree No. 41 of 2020 on Administrative Courts and its amendments, and the United Nations Security Council resolutions concerning the financing of terrorism related to the organization Daesh (ISIS), Al-Qaeda, and their affiliates, and the Taliban organization and its affiliates, and the United Nations Security Council resolutions concerning the prevention, suppression, and disruption of the proliferation of weapons of mass destruction and its 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 [the above], We decree the following:

Chapter One
Definitions and General Provisions

Article 1
Definitions

1. For the purposes of applying the provisions of this Decree, the words and expressions contained herein shall have the meanings specified below, unless the context indicates otherwise:

• President: The President of the State of Palestine and Chairman of the Executive Committee of the Palestine Liberation Organization.
• Law: The effective Law-Decree on Combating Money Laundering and the Financing of Terrorism.
• Committee: The Committee for the Implementation of 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 economic resources such as oil and other natural resources, property of all kinds, whether physical or legal, movable or immovable, tangible or intangible, regardless of how they were acquired, virtual assets, and documents or legal instruments of any form, including electronic or digital, evidencing ownership rights, shares, or interests in such funds or assets, circulating currencies, foreign currencies, bank credits, traveler's checks, bank checks, payment orders, financial instruments, cash transfers, shares, securities, bonds, bills of exchange, promissory notes, financial instruments, letters of credit, and any interest, income, share in profits, or any other income or value due from or derived from these funds, as well as any other assets that may be used to obtain funds, other assets, goods, or services.
• Person: A natural person or a legal entity.

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• Entity: Any aggregation, group, organization, partnership, undertaking, or 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 a 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 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:
  1. 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 the assignment of reinsurance.
     c. Insurance brokerage, such as brokering and agency.
     d. Insurance support services, such as consulting, actuarial, risk assessment, and claims settlement services. e. Consulting, brokerage, and other financial support services for all activities specified in items (a) through (d) of this paragraph, including credit rating and analysis, research, investment and portfolio advice, and advice on corporate acquisitions, restructuring, and strategies.
  2. Banking and other financial services:
     a. Acceptance of deposits and other payable 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. f. Trading in the following instruments, whether for the account of a specific person, their clients, or on an official or off-exchange market, 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 or offering agent, whether public or private, and providing related services. h. Custody and management of cash or liquid securities on behalf of others.
        i. Financial brokerage.
        j. Asset management, such as cash or portfolio management, all types of collective investment management, pension fund management, and custodial, depository, 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, transmission, and processing of financial information and related software by other financial service providers.
        m. Consulting, brokerage, and other financial support services for all activities mentioned in items (a) through (l) of this paragraph, including credit rating and analysis, research, investment and portfolio advice, and advice on corporate acquisitions, restructuring, and strategies. n. Any other services specified by the Committee.
• Listing: Designating 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 associated identification information.
• National listing list: The list prepared in accordance with the provisions of this Decree.
• Financing of proliferation: 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 proposed names for listing on the sanctions committees established pursuant to Resolutions 1267 and 1989, or names proposed for listing or required to be listed by local or other foreign authorities on the National Listing List, or names 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 UN Security Council under Chapter VII of the UN Charter concerning the prevention and combating of terrorism or the financing of terrorism or the financing of proliferation, including but not limited to Resolutions 1267 (1999), 1373 (2001), 2253 (2015), 1718 (2006), 1874 (2009), 2087 (2013), 2094 (2013), 2231 (2015), 2270 (2016), 2321 (2016), 2356 (2017), and all related, current, future, and subsequent resolutions.
• Sanctions committees: The sanctions committees established pursuant to UN Security Council Resolutions 1267 (1999), 1989 (2011), and 2253 (2015) concerning Al-Qaeda and Daesh and their affiliates, the sanctions committee established pursuant to Resolution 1718 (2006) concerning the Democratic People's Republic of Korea, or the sanctions committee established pursuant to Resolution 1988 (2011) concerning the Taliban and its affiliates.
• Security Council: The United Nations Security Council.
• United Nations list: A list of all persons and entities subject to targeted financial sanctions pursuant to relevant Security Council resolutions and maintained by any of the sanctions committees, and any other person or entity subject to targeted financial sanctions pursuant to Security Council resolutions concerning the proliferation of weapons of mass destruction or the financing of its proliferation, along with all information pertaining to their identification.
• Freezing: The prohibition of transferring, converting, disposing of, moving, or otherwise dealing with funds, other assets, equipment, or other means when they are owned or controlled by listed persons or entities pursuant to applicable relevant Security Council resolutions, whether initiated by the Security Council or in accordance with measures taken by the Committee, and during the duration of those measures and resolutions.
• Delisting: The removal or deletion of a person's or entity's name from the United Nations list or the National Listing List.
• Written notice or request: A notice or request submitted in writing, whether via paper copy through mail or courier, or via a paper copy through fax, or via an electronic copy through email, internet, or an electronic portal.

2. The words and expressions in this Decree not specified in paragraph 1 of this Article shall have the meanings specified in the Law.

Chapter Two
Committee for the Implementation of Security Council Resolutions

Article 2
Committee for the Implementation of Security Council Resolutions

1. A committee named "Committee for the Implementation of Security Council Resolutions" shall be formed, comprising:
   • The Attorney General as Chairman.
   • The Undersecretary of the Ministry of Foreign Affairs and Expatriates as a member.
   • The Undersecretary of the Ministry of Justice as a member.
   • The Undersecretary of the Ministry of Interior as a member.
   • The Undersecretary of the Ministry of Finance as a member.
   • The Registrar of Companies as a member.

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• The Director of the Financial Intelligence Unit as a member.
• The Director of Supervision at the Palestinian Monetary Authority as a member.
• The Director General of the Capital Market Authority as a member.
• The Chairman of the Lands Authority as a member.
• A representative of the General Intelligence Service as a member.
• A representative of the Preventive Security Apparatus as a member.
• The Director of the National Central Bureau "Interpol Palestine" as a member.

2. 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.
3. Any other authority may be represented on the Committee if necessary, by a decision of the President upon the proposal of the Committee Chairman.

Article 3
Powers of the Committee
The Committee shall have the following powers to exercise its functions under this Decree:

1. Implement relevant Security Council resolutions pertaining to the Committee's work.
2. Request supervisory authorities, competent authorities, other local authorities, financial institutions, and non-financial businesses and professions as defined by law, and foreign authorities through the Ministry of Foreign Affairs and Expatriates, to provide the necessary information to implement this Decree. Supervisory authorities, competent authorities, other local authorities, financial institutions, and non-financial businesses and professions shall provide such information within the timeframe specified by the Committee.
3. Issue necessary instructions, rules, and guidelines to implement this Decree.
4. Submit annual reports on its activities to the President of the State.

Article 4
Committee Secretariat

1. The Committee shall have a secretariat responsible for the following tasks:
   • Monitoring changes to relevant United Nations list websites to publish and disseminate them by the Committee in accordance with this Decree.
   • Maintaining the National Listing List and monitoring changes to it.
   • Maintaining and updating all elements of the Committee's website.
   • Preparing the United Nations list and the National Listing List and their amendments for publication in the Official Gazette in accordance with this Decree.
   • Receiving correspondence, including listing requests or information requests from local authorities, foreign authorities, and the United Nations through the Ministry of Foreign Affairs and Expatriates.
   • Sending correspondence, including information requests to local authorities, foreign authorities, and the United Nations through the Ministry of Foreign Affairs and Expatriates.

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• Collecting information on persons or entities whose listing is proposed or whose delisting is requested, analyzing this information, and submitting it to the Committee for consideration in accordance with this Decree.
• Receiving requests submitted pursuant to Articles 16, 17, 18, and 19 of this Decree, analyzing them, and submitting them to the Committee for consideration.
• Keeping the Committee's minutes and records.

2. The Secretariat shall be attached to the Public Prosecution's Human Resources and provided with necessary resources to perform its duties.
3. The Secretariat shall coordinate with all authorities represented on the Committee to ensure the implementation of obligations and duties stipulated in this Decree.

Article 5
Committee Meetings

1. The Committee shall meet periodically every three months, and may hold extraordinary meetings upon the call of the Committee Chairman or at the request of at least six members.
2. A Committee meeting shall be quorate with the presence of a majority of its members (50% + 1), including the Committee Chairman.
3. Committee decisions shall be made by a majority of the votes of attending members. In case of a tie, the vote of the presiding officer shall prevail.
4. Committee meetings and decisions shall be documented in writing in official minutes signed by the Committee Chairman and attending members.
5. The Committee shall issue an internal regulation determining the mechanisms for convening meetings, invitations, minutes, and all related matters.

Chapter Three
Security Council Resolution 1267, Subsequent Resolutions, and Resolutions Concerning the Financing of Proliferation

Article 6
Committee's Responsibility Regarding Lists Approved by UN Sanctions Committees

1. Based on the United Nations list or its amendments, including any additions, deletions, or modifications to listing information, the Committee shall perform the following tasks:
   • Publish the United Nations list on the Committee's website and disseminate it to supervisory authorities, competent authorities, financial institutions, and non-financial businesses and professions within 16 hours of this Decree entering into force.
   • Publish amendments to the United Nations list, including any additions, deletions, or changes to listing information, on the Committee's website and disseminate them to supervisory authorities, competent authorities, financial institutions, and non-financial businesses and professions within 16 hours of these amendments being published on the relevant United Nations website.

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2. For the purposes of applying paragraph 1 of this Article, the following shall be observed:

• The dissemination specified in items (a) and (b) of paragraph 1 of this Article shall include guidelines or a link regarding the obligations of financial institutions, non-financial businesses and professions, and any other person or entity on how to act and take necessary measures to implement or raise freezing and prohibition measures pursuant to this Decree.
• The publication and dissemination specified in item (b) of paragraph 1 of this Article shall include the name of the person or entity listed or delisted from the United Nations list, and the name of every person or entity on the United Nations list that was amended, along with full listing information and any explanatory summary related to that listing.
• For persons or entities newly listed on the United Nations list, the publication and dissemination specified in item (b) of paragraph 1 of this Article shall include guidelines or a link regarding the submission of a delisting request to the UN Ombudsman's Office or the UN Delisting Focal Point, as appropriate, pursuant to paragraph 1 of Article 8 of this Decree.
• Publish the United Nations list and its amendments in the Official Gazette.

Article 7
Authority to Propose Listing to UN Sanctions Committees

1. The Committee may, on its own initiative or upon request from a Palestinian authority, propose the listing of a person or entity on the lists of the sanctions committees established pursuant to Resolutions 1267 and 1989, or the committee established pursuant to Resolution 1988, if it determines that there are reasonable grounds for suspicion or belief that the person or entity meets any of the following listing criteria:
   • Participating in the financing, planning, facilitating, preparing, or perpetration of any act or activity by Daesh or Al-Qaeda, or in cooperation with them, on their behalf, or in their name, or in support of them or any cell, group, splinter, or affiliate thereof.
   • Supplying, selling, or transferring arms or related materials to Daesh or Al-Qaeda or any cell, group, splinter, or affiliate thereof.
   • Recruiting for Daesh or Al-Qaeda or any cell, group, splinter, or affiliate thereof.
   • Supporting the acts or activities of Daesh or Al-Qaeda or any cell, group, splinter, or affiliate thereof in any other way.
   • Any person or entity that is owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria in items (a) through (d) of paragraph 1 of this Article, or any person acting on behalf of or at the direction of such persons or entities.
   • Participating in the financing, planning, facilitating, preparing, or perpetration of any act or activity by the Taliban, or in cooperation with them, on their behalf, or in their name, or in support of them, in a manner that threatens peace, stability, and security in Afghanistan.
   • Supplying, selling, or transferring arms or related materials to the Taliban in a manner that threatens peace, stability, and security in Afghanistan.

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• Recruiting for the Taliban in a manner that threatens peace, stability, and security in Afghanistan.
• Supporting the Taliban in a manner that threatens peace, stability, and security in Afghanistan in any other way.
• Any person or entity that is owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria in items (h) through (k) of paragraph 1 of this Article, or any person acting on behalf of or at the direction of such persons or entities.

2. The Committee shall follow the procedures and forms approved by the relevant sanctions committees for listing.
3. The Committee shall secure as much information as possible about the proposed name to accurately identify the person or entity, including the following elements:
   • For natural persons: Full name, any alias or pseudonym, date of birth, nationality, gender, family member names if available, employment or job information, country/countries of residence, passport number, ID card number, current address, and previous addresses.
   • For legal persons or entities: Name, trade name, abbreviation, any other names currently or previously known by, headquarters address, branches, subsidiaries, organizational links, ownership and management/control structure, parent company name, nature of business or commercial activity, country/countries of activity, registration or establishment number, or any other identifying number and website, and it must be specified whether the entity is under liquidation or dissolution.
4. The listing request must include a statement of reasons detailing the basis for the proposed listing on the United Nations list, information on how the listing criteria are met, and any supporting information or documents, including any links between the proposed person and any other listed person or entity, except for parts designated by the Committee as confidential and for the Security Council only. The statement of reasons must be suitable for publication pursuant to procedures adopted by the sanctions committee or Security Council.
5. The listing request must specify whether the State of Palestine wishes to be identified as the state submitting the listing request.
6. The Committee shall exercise its authority under paragraph 1 of this Article regardless of whether a criminal prosecution exists.
7. The proposal must be made unilaterally without prior notice to the concerned person or entity.

Article 8
Delisting by a UN Sanctions Committee

1. Any listed person or entity holding Palestinian citizenship, residing in the State of Palestine, or having a place of business or residence in the State of Palestine may submit a request to directly delist their name to the UN Ombudsman's Office or the UN Delisting 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 on behalf of a Palestinian citizen, a person residing in the State of Palestine, a person or entity with a place of business or residence in the State of Palestine, or any other person or entity that no longer meets the listing criteria in the Committee's opinion.

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2. The Committee shall forward requests it approves or issues pursuant to paragraph 1 of this Article to the Ministry of Foreign Affairs and Expatriates for submission to the Security Council, relevant sanctions committee, UN Ombudsman's Office, or UN Delisting Focal Point, as appropriate, in accordance with procedures in force in the Security Council or relevant sanctions committee.
3. 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 UN Ombudsman's Office, UN Delisting Focal Point, Security Council, or relevant sanctions committee.
4. The Committee shall review requests within the timeframe specified by the UN Ombudsman's Office, UN Delisting Focal Point, Security Council, or relevant sanctions committee, and provide a response, indicating 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 non-financial business or profession defined by law within the specified timeframe.
5. The Committee may, through the Ministry of Foreign Affairs and Expatriates, submit to the Security Council, relevant sanctions committee, or UN Delisting Focal Point a request to delist deceased persons on the list, providing relevant documents, and may 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 to be unfrozen are not listed and do not meet the listing criteria in Articles 7 or 10 of this Decree, and inform the Security Council, relevant sanctions committee, UN Ombudsman's Office, or UN Delisting Focal Point of this.
6. 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 business or residence in the State of Palestine, the Committee shall, via written notice, inform the person or entity of the deletion of their listed name.

Article 9
Providing Information to the Security Council or Relevant Sanctions Committee The Committee shall inform the Security Council or sanctions committees, as appropriate, through the Ministry of Foreign Affairs and Expatriates of the following information:

1. Any additional or updated information it possesses, including any supporting documents related to persons or entities listed on the United Nations list.
2. Any measures taken to apply the listing of a person by the United Nations or delist a name when relevant to terrorism or the financing of terrorism, or the proliferation of weapons of mass destruction or the financing of proliferation, including details of any funds or other assets identified and frozen or unfrozen.
3. Any information available to answer any requests received from the Security Council or a sanctions committee.

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Article 10
National Listing

1. 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:
   • If a person or entity has committed, attempted, or participated in, or facilitated the commission of, a terrorist act.
   • If the entity is owned or controlled, directly or indirectly, by one or more persons or entities mentioned in item (a) of this paragraph.
   • 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.
2. The Committee may consider listing requests from any local or foreign authority, provided that requests from foreign authorities are sent through diplomatic channels to the Ministry of Foreign Affairs and Expatriates, which shall forward them to the Committee.
3. The Committee shall exercise its authority under paragraph 1 of this Article regardless of whether a criminal prosecution exists.
4. The proposal must be made unilaterally without prior notice to the concerned person or entity.
5. 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".
6. 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 within 16 hours of this Decree entering into force.
7. Amendments to the National Listing List shall be published on the Committee's website, including any new listing, amendment, or deletion of listing information, and disseminated to supervisory authorities, financial institutions, and non-financial businesses and professions defined by law, within 16 hours of taking