Decree No. (14) of 2022 Concerning the Implementation of Security Council Resolutions

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Official Gazette 83 Reference No.: 193-8-2022
Issue 193 2022/08/14
Decree No. (14) of 2022
Concerning 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 Amended Basic Law of 2003 and its amendments, after reviewing Law-Decree No. (39) of 2022 on combating money laundering and terrorist financing, and Law-Decree No. (41) of 2020 on administrative courts and its amendments, and UN Security Council resolutions concerning terrorist financing related to organizing ISIS, Al-Qaeda, and their affiliates, and the Taliban and their affiliates, and UN Security Council resolutions concerning the prevention, suppression, and disruption of the proliferation of weapons of mass destruction and their 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 hereby decree:

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, Chairman of the Executive Committee of the Palestine Liberation Organization.
   Law: The effective Law-Decree on combating money laundering and terrorist financing.
   Committee: The Committee for the Implementation of UN 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 any form, including electronic or digital, evidencing ownership or rights to such funds or assets, whether physical or non-physical, regardless of how they were obtained, including virtual assets, and 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 value due from or derived from these funds, or any other assets that may be used to obtain funds, assets, 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 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, utility service fees or reasonable professional fees, and repayment 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 among the 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:
   . Direct life insurance and other types of insurance (excluding life insurance) (including joint or cooperative insurance).
   . Reinsurance, retrocession, and assignment of reinsurance.
   . Insurance brokerage, such as brokering and agency.
   . Insurance support services, such as consulting, actuarial, risk assessment, and claims settlement services.
   . Consulting, brokerage, and other financial support services for all activities specified in items (a, b, c, d) of this paragraph, including classification, credit analysis, and research, investment and portfolio advice, and advice on acquisitions, restructuring, and corporate strategies.
2. Banking and other financial services:
   . Acceptance of deposits and other repayable funds from the public, including specialized banking services.
   . Lending of all kinds, including consumer loans, mortgage loans, and trade financing.
   . Financial leasing.
   . All payment and money transfer services, including debit cards, traveler's checks, bank transfers, and money or value transfer services.
   . Financial guarantees and financial commitments.

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. Trading in the following instruments, whether for the account of the private person, for the account of 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.
   . Participation in the issuance of all types of securities, including acting as underwriting and placement agent, whether publicly or privately, and providing related services.
   . Safekeeping and administration of cash or liquid securities on behalf of others.
   . Financial brokerage.
   . Asset management, such as cash or portfolio management, all types of collective investment management, pension fund management, and custody, safekeeping, and credit services organized and operated on behalf of others.
   . Settlement and clearing services for financial assets, including securities and other tradable instruments.
   . Provision, transmission, and processing of financial information and related software by other financial service providers.
   . Consulting, brokerage, and other financial support services for all activities mentioned in items (a) to (l) of this paragraph, including classification, credit analysis, and research, investment and portfolio advice, and advice on acquisitions, restructuring, and corporate strategies. . Any other services determined 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 to parallel provisions in other laws and jurisdictions. Listing information: The name of the listed person or entity and all associated identification information. National Listing: 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 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, or names listed on the National Listing 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 fight against 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 UN Security Council Resolutions No. (1267) of 1999 and (1989) of 2011 and (2253) of 2015 concerning Al-Qaeda and ISIS and their affiliates, the sanctions committee established pursuant to UN Security Council Resolution No. (1718) of 2006 concerning the Democratic People's Republic of Korea, or the sanctions committee established pursuant to UN Security Council Resolution (1988) of 2011 concerning the Taliban and their affiliates. Security Council: The United Nations Security Council. UN 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 financing of proliferation, in addition to all information regarding their identification. Freezing: A prohibition on transferring, converting, disposing of, or moving funds or other assets, equipment, or other means when owned or controlled by listed persons or entities pursuant to applicable relevant Security Council resolutions, or according to procedures initiated by the Committee, and during the duration of those procedures and resolutions. Delisting: Removing or deleting the name of a person or entity from the UN List or the National Listing. 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.
2. The words and expressions in this Decree not specified in paragraph (1) of this Article shall have the meanings assigned to them 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:
   . Attorney General as Chair.
   . Deputy Minister of Foreign Affairs and Expatriates as a member.
   . Deputy Minister of Justice as a member.
   . Deputy Minister of Interior as a member.
   . Deputy Minister of Finance as a member.
   . Registrar of Companies as a member.

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. Director of the Financial Intelligence Unit as a member.
. Director of Supervision at the Palestinian Monetary Authority as a member.
. Director General of the Capital Market Authority as a member.
. Chairman of the Lands Authority as a member.
. Representative of the General Intelligence as a member.
. Representative of the Preventive Security as a member.
. 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 entity may be represented on the Committee if necessary, by a decision of the President upon the proposal of the Committee Chair.

Article (3)
Committee Competencies

The Committee shall have the following competencies to carry out its duties 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 specified in accordance with the Law, and foreign authorities through the Ministry of Foreign Affairs and Expatriates, to provide the necessary information to implement the provisions of this Decree. Supervisory authorities, competent authorities, other local authorities, and financial institutions and non-financial businesses and professions specified shall provide such information within the timeframe determined by the Committee.
3. Issue the necessary instructions, rules, and guidelines to implement the provisions of 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 UN websites and UN lists, to be published and disseminated by the Committee in accordance with this Decree.
   . Maintaining the National Listing and monitoring changes to it.
   . Maintaining and updating all website elements of the Committee.
   . Preparing the UN List and National Listing 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 UN through the Ministry of Foreign Affairs and Expatriates.
   . Sending correspondence, including information requests to local authorities, foreign authorities, and the UN through the Ministry of Foreign Affairs and Expatriates.

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. Collecting information on 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 review in accordance with this Decree. . Receiving requests submitted pursuant to Articles (16, 17, 18, 19) of this Decree, analyzing them, and submitting them to the Committee for review. . Keeping the Committee's minutes and records.
2. The Secretariat shall be attached to the Human Resources of the Public Prosecution and provided with the necessary resources to perform its duties.
3. The Secretariat shall coordinate with all entities 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 invitation by the Committee Chair 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 Chair.
3. Committee decisions shall be made by a majority vote of attending members. In case of a tie, the vote in favor of the Chair shall prevail.
4. Committee meetings and decisions shall be documented in writing in official minutes signed by the Committee Chair 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 Proliferation Financing

Article (6)
Committee's Responsibility regarding Lists Approved by UN Sanctions Committees

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

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. For the purposes of applying paragraph (1) of this Article, the following shall be observed:
. The dissemination specified in items (a, b) of paragraph (1) of this Article shall include guidelines or a link to guidelines on the obligations of financial institutions and non-financial businesses and professions specified, and any other person or entity, 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 UN List, the name of every person or entity on the UN List subject to amendment, full listing information, and any explanatory summary related to that listing. . For persons or entities newly listed on the UN List, the publication and dissemination specified in item (b) of paragraph (1) of this Article shall include guidelines or a link to guidelines on submitting a delisting request to the UN Office of the Ombudsperson or the UN focal point for delisting, as appropriate, pursuant to paragraph (1) of Article (8) of this Decree. . Publish the UN 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 local authority in the State of Palestine, propose listing 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:
   . Participating in financing, planning, facilitating, preparing, or executing any act or activity by ISIS 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 ISIS or Al-Qaeda or any cell, group, splinter, or affiliate thereof. . Recruiting on behalf of ISIS or Al-Qaeda or any cell, group, splinter, or affiliate thereof. . Supporting the acts or activities of ISIS or Al-Qaeda or any cell, group, splinter, or affiliate thereof in any other manner. . Any person or entity owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria mentioned 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. . Participating in financing, planning, facilitating, preparing, or executing 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 threatening peace, stability, and security in Afghanistan. . Supplying, selling, or transferring arms or related materials to the Taliban in a manner threatening peace, stability, and security in Afghanistan.

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. Recruiting on behalf of the Taliban in a manner threatening peace, stability, and security in Afghanistan.
. Supporting the Taliban in a manner threatening peace, stability, and security in Afghanistan in any other way.
. Any person or entity owned or controlled, directly or indirectly, by any person or entity listed pursuant to the criteria mentioned in items (w, x, y, z) 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 aliases or pseudonyms, date of birth, nationality, gender, family member names if available, work or job information, country or 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 work or commercial activity, country or 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 statement of reasons containing details on the basis for proposing listing on the UN List, information on meeting the listing criteria, 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 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 unilateral 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 workplace or residence in the State of Palestine may submit a request for delisting directly to the UN Office of the Ombudsperson or the UN focal point for delisting, as appropriate, or 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 resident of 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 meets the listing criteria in the Committee's opinion.

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2. The Committee shall forward requests approved or issued under paragraph (1) of this Article to the Ministry of Foreign Affairs and Expatriates for referral to the Security Council or relevant sanctions committee, or to the UN Office of the Ombudsperson or UN focal point for delisting, 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 through the UN Office of the Ombudsperson, UN focal point for delisting, Security Council, or relevant sanctions committee.
4. The Committee shall review requests within the timeframe specified by the UN Office of the Ombudsperson, UN focal point for delisting, 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. It may obtain additional information from any authority, financial institution, or specified non-financial business or profession 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 focal point for delisting, a request to delist deceased persons on the list, with relevant documents. It 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 Office of the Ombudsperson, or UN focal point for delisting accordingly.
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 workplace or residence in the State of Palestine, the Committee shall notify the person or entity in writing of the deletion of their listed name.

Article (9)
Providing Information to the Security Council or Relevant Sanctions Committees

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 UN List.
2. Any measures taken to apply the listing of a person by the UN or delist a name when relevant to terrorism or terrorist financing, or proliferation of weapons of mass destruction or 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 if there are reasonable grounds for suspicion that they meet any of the following criteria:
   . If a person or entity has committed, attempted, or facilitated 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 competent 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 case exists.
4. The proposal must be unilateral 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 under this Article, known as the "National Listing."
6. The National Listing 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.
7. Amendments to the National Listing 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 specified in accordance with the Law, within (16) hours from the adoption