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

mjr.lab.pna.ps Official Gazette Office Reference No: 193-8-2022 No. 193 2022/08/14 Decree No. (14) of the year 2022 Regarding 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 the year 2022 regarding the combating of money laundering and terrorist financing, and Law-Decree No. (41) of the year 2020 regarding administrative courts and its amendments, and Security Council resolutions concerning terrorist financing related to the organization of Daesh (ISIS), Al-Qaeda, and their affiliated entities, and the Taliban organization and its affiliates, and 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 UN Charter, and based on the powers vested in us, and in the public interest, and to achieve We decree as follows:

Chapter One Definitions and General Provisions

Article (1) Definitions

1. For the purposes of applying the provisions of this Decree, the words and phrases contained herein shall have the meanings specified below, unless the context indicates otherwise: President: President of the State of Palestine, Chairman of the Executive Committee of the Palestine Liberation Organization. Law: The effective Law-Decree regarding the combating of money laundering and terrorist financing. 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, and legal documents or instruments in whatever form, including electronic or digital, evidencing ownership or rights or interests in such funds or assets. This includes financial resources such as oil and other natural resources, property of all kinds, whether tangible or intangible, movable or immovable, whether physical or non-physical, regardless of how they were obtained, virtual assets, and documents or legal instruments in any form, including electronic or digital, evidencing ownership rights or shares or benefits in such funds or assets, circulating currencies, foreign currencies, bank credits, traveler's checks, bank checks, payment orders, financial transfers, cash transfers, shares, securities, bonds, bills of exchange, promissory notes, 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, assets, goods, or services. Person: A natural person or a legal entity.

mjr.lab.pna.ps Official Gazette Office Reference No: 193-8-2022 No. 193 2022/08/14 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 sustenance 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 payments 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 effective legislation 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 and insurance-related services: a. Direct life insurance and other types of insurance (excluding life insurance) (including co-insurance or mutual insurance). b. Reinsurance, retrocession, and assignment of reinsurance. c. Insurance brokerage, such as brokerage 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, b, c, 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 due to the public, including specialized banking services. b. Lending of all kinds, including consumer loans, mortgage loans, and trade transaction financing. c. Financial leasing. d. All payment and money transfer services, including debit cards, traveler's checks, bank transfers, and money or value transfer services. e. Financial guarantees and financial commitments. f. Trading in the following instruments, whether for the account of the specific person, their clients, on a formal exchange, or off-exchange, including:
3. Money market instruments, including checks, banknotes, certificates of deposit, short-term debt instruments, certificates of deposit, and other derivatives.
4. Foreign exchange.
5. Transferable securities.
6. Other tradable instruments and financial assets, including gold bullion. g. Participation in the issuance of all types of securities, including acting as 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 cash 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. Financial asset settlement and clearing services, 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) to (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. Proliferation Financing: Financing the proliferation of weapons of mass destruction. Reasonable Grounds for Suspicion: 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 the committee established pursuant to Resolution (1988), 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.

mjr.lab.pna.ps Official Gazette Office Reference No: 193-8-2022 No. 193 2022/08/14 Relevant Security Council Resolutions: Resolutions issued by the UN Security Council under Chapter VII of the UN Charter concerning the combating and prevention of terrorism or terrorist financing 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 associated, current, future, and subsequent resolutions. Sanctions Committees: The sanctions committees established pursuant to Security Council Resolutions No. (1267) of 1999 and (1989) of 2011 and (2253) of 2015 concerning Al-Qaeda and Daesh and their affiliates, the sanctions committee established pursuant to Security Council Resolution No. (1718) of 2006 concerning the Democratic People's Republic of Korea, or the sanctions committee established pursuant to Security Council Resolution (1988) of 2011 concerning the Taliban organization 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 related to the proliferation of weapons of mass destruction or its financing, along with all information regarding 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, either by actions initiated by the Security Council or in accordance with procedures initiated by the Committee, and during the duration of those procedures 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 Written Request: A notice or request submitted in writing, whether via paper copy through mail or courier or fax, or via electronic copy through email, internet, or electronic portal. 2. The words and phrases 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 following members: a. The Attorney General as Chairman. b. The Undersecretary of the Ministry of Foreign Affairs and Expatriates as a member. c. The Undersecretary of the Ministry of Justice as a member. d. The Undersecretary of the Ministry of Interior as a member. e. The Undersecretary of the Ministry of Finance as a member. f. The Companies Registrar as a member. 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 Apparatus as a member. m. 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 apparatus.
3. Any other entity may be represented in the Committee's membership if necessary, by a decision from the President based on a proposal from the Committee Chairman.

Article (3) Committee's Competencies The Committee shall have the following competencies to perform its tasks under this Decree:

1. Implement relevant Security Council resolutions pertaining to the Committee's work.
2. Request supervisory authorities, competent authorities, other local authorities, and 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 necessary information to implement this Decree. Supervisory authorities, competent authorities, other local authorities, financial institutions, and non-financial businesses and professions must 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: a. Monitoring changes to relevant United Nations website lists to publish and circulate them by the Committee in accordance with this Decree. b. Maintaining the National Listing List and monitoring changes to it. c. Maintaining and updating all website elements of the Committee. d. Preparing the United Nations List and the National Listing List and their amendments for publication in the Official Gazette in accordance with this Decree. e. 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. f. Sending correspondence, including information requests to local authorities, foreign authorities, and the United Nations through the Ministry of Foreign Affairs and Expatriates. g. 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 review 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 review. i. Maintaining 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 entities represented in 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 invitation by the Committee Chairman or upon request by 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 in favor of the meeting chair 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) and its Subsequent Resolutions and Resolutions Concerning Proliferation Financing

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: a. Publish the United Nations List on the Committee's website and circulate it to supervisory authorities, competent authorities, financial institutions, and non-financial businesses and professions within (16) hours of this Decree entering into force. b. Publish amendments to the United Nations List, including any additions, deletions, or changes to listing information, on the Committee's website and circulate 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 UN website.
2. For the purposes of applying paragraph (1) of this Article, the following shall be observed: a. The circulation specified in items (a, b) of paragraph (1) of this Article shall include guidelines or a link regarding obligations for financial institutions, non-financial businesses and professions, and any other person or entity on how to act, take necessary measures to implement or raise freezing and prohibition measures in accordance with this Decree. b. The publication and circulation 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 subject to amendment, along with full listing information and any explanatory summary related to that listing. c. For persons or entities newly listed on the United Nations List, the publication and circulation 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, in accordance with paragraph (1) of Article (8) of this Decree. d. 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 authority in the State of Palestine, propose the listing of a person or entity on the lists of sanctions committees established pursuant to Resolutions (1267 and 1989) or the committee established pursuant to Resolution (1988), if it determines there are reasonable grounds for suspicion or belief that the person or entity meets any of the following listing criteria: a. Participating in the financing of any act, activity, planning, facilitating, preparing, or execution by Daesh or Al-Qaeda, or in cooperation with them, in their name, on their behalf, or in support of them or any cell, group, splinter, or affiliate thereof. b. Supplying, selling, or transferring arms or related materials to Daesh or Al-Qaeda or any cell, group, splinter, or affiliate thereof. c. Recruiting on behalf of Daesh or Al-Qaeda or any cell, group, splinter, or affiliate thereof. d. Supporting the acts or activities of Daesh or Al-Qaeda or any cell, group, splinter, or affiliate thereof in any other way. e. Any person or entity owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria in items (a, b, c, d) of paragraph (1) of this Article, or any person acting on behalf of or at the direction of such persons or entities. f. Participating in the financing of any act, activity, planning, facilitating, preparing, or execution by the Taliban, or in cooperation with them, in their name, on their behalf, or in support of them, threatening peace, stability, and security in Afghanistan. g. Supplying, selling, or transferring arms or related materials to the Taliban threatening peace, stability, and security in Afghanistan. h. Recruiting on behalf of the Taliban threatening peace, stability, and security in Afghanistan. i. Supporting the Taliban in posing a threat to peace, stability, and security in Afghanistan in any other way. j. Any person or entity owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria in items (f, g, h, i) 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: a. For natural persons: Full name, any alias or pseudonym, date of birth, nationality, gender, family member names if available, work or job information, country/countries of residence, passport number, ID number, current address, and previous addresses. b. 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 work or commercial activity, country/countries of activity, registration or establishment number, or any other identifying number and website, and the entity's status regarding liquidation or dissolution must be specified.
4. The listing request must include a reasoned statement detailing the basis for proposing listing on the United Nations List, information on meeting listing criteria, and any supporting information or documents, including any links between the proposed person and any other listed person or entity. This excludes any parts designated by the Committee as confidential and for the Security Council only, and the reasoned statement must be publishable in accordance with 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 submitting state.
6. The Committee shall exercise its authority under paragraph (1) of this Article regardless of whether a criminal case 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 person or entity listed by sanctions committees holding Palestinian citizenship, residing in the State of Palestine, or having a workplace 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 workplace 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.
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 referral 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 regarding delisting requests submitted by a listed person or entity or another state via 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, mentioning as appropriate whether, in its opinion, the listed person or entity's name may be delisted. 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 names of deceased persons on the list, with 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 delisted for a Palestinian citizen, a person residing in the State of Palestine, or a person or entity with a workplace or residence in the State of Palestine, the Committee shall, via written notice, inform the person or entity of the delisting.

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's name by the United Nations or to delist a name when relevant to terrorism or terrorist financing, or proliferation of weapons of mass destruction or proliferation financing, 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.

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: a. If a person or entity has committed, attempted, or facilitated 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.
2. The Committee may consider listing requests from any local or foreign authority, with foreign authorities sending requests 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 case exists.
4. The proposal must be made unilaterally without prior notice to the concerned person or entity.
5. The Committee shall create and maintain a list containing the names of persons and entities listed pursuant to this Article, known as the "National Listing List".
6. The National Listing List shall be published on the Committee's website and circulated 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, including any new listing, modification, or deletion of listing information, shall be published on the Committee's website and circulated to supervisory authorities, financial institutions, and non-financial businesses and professions defined by law, within (16) hours of the decision being made.