2022-01-01

Circular No. 171 of 2022 Regarding Instructions for Implementing UN Security Council Decisions - Banks

The Palestine Monetary Authority issued Circular No. 171 of 2022 to enforce Instructions No. 1 of 2022, which establish a dedicated electronic platform for the immediate publication and dissemination of UN Security Council sanctions lists and local designations. The instructions mandate that the Committee Secretariat update and distribute these lists within 16 hours of any changes, while requiring all financial institutions, specified non-financial businesses, and other entities to freeze designated assets within 8 hours of publication without prior notice. Additionally, the directives require immediate subscription to the Committee's portal and outline specific procedural guidelines for delisting requests and official gazette publications to ensure full compliance with UN counter-terrorism and non-proliferation mandates.

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Palestine Monetary Authority PALESTINE MONETARY AUTHORITY

Circular No. (171/2022) To all banks operating in Palestine Date: Thursday, 04 August, 2022

Subject: Instructions for Implementing UN Security Council Decisions

A copy of the instructions issued by the UN Security Council Decisions Implementation Committee No. (1) of 2022 regarding the implementation of UN Security Council Decisions and the dedicated website for sanctions implementation is attached. You will also find, at the electronic link indicated below, the registration and subscription link to the Committee's website.

Accordingly, immediate action is requested to implement the provisions of the instructions and to subscribe to the Committee's website.

Supervisory Group Palestine Monetary Authority

Copies:

  • His Excellency/ the Attorney General - Honorable Chairman of the UN Security Council Decisions Implementation Committee
  • The Gentlemen/ The Financial Follow-up Unit, Honorable

Instructions No. (1/ 2022) Regarding the Implementation of UN Security Council Decisions

Pursuant to the provisions of Law Decree No. (20) of 2015 regarding the prevention of money laundering and terrorist financing and its amendments, particularly Article (47) thereof, and to Presidential Decree No. (14) of 2015 regarding the implementation of UN Security Council Decisions, particularly Article (10) thereof, and after reviewing the amended internal regulations of the UN Security Council Decisions Implementation Committee. and based on the powers delegated to us, and in pursuit of the public interest, we have issued the following instructions:

Article (1)

  1. For the purposes of applying the provisions of these instructions, the words and phrases contained therein shall have the meanings specified below, unless the context indicates otherwise:

The Committee: The UN Security Council Decisions Implementation Committee established pursuant to Article (47) of Law Decree No. (20) of 2015 regarding the prevention of money laundering and terrorist financing and its amendments.

The UN List Related to Countering Terrorist Financing: A list of all persons and entities subject to targeted financial sanctions pursuant to relevant UN Security Council resolutions on terrorist financing, maintained by any sanctions committee, along with all information pertaining to their identification.

The Local List: A list containing the names of listed persons and entities established by the Committee.

UN Security Council Decisions Related to Suppressing the Proliferation of Weapons of Mass Destruction: Resolutions issued by the UN Security Council under Chapter VII of the UN Charter regarding the prevention and combating of proliferation financing, and all current, future, and subsequent related resolutions.

The Website: The dedicated electronic website for sanctions implementation lists, established pursuant to the provisions of these instructions.

  1. Words and phrases not included in paragraph (1) of these instructions shall have the meanings assigned to them in Law Decree No. (20) of 2015 regarding the prevention of money laundering and terrorist financing and its amendments, and Presidential Decree No. (14) of 2015 regarding the implementation of UN Security Council Decisions; unless the context indicates otherwise.

Article (2) Pursuant to these instructions, an electronic website is established for the purpose of publishing and disseminating the UN List and the Local List - and any amendments thereto - to the relevant supervisory and competent authorities, financial institutions, specified non-financial businesses and professions, and any other person or entity.

Article (3) The Committee Secretariat shall carry out the competencies and powers stipulated in these instructions.

Article (4) The Committee Secretariat shall carry out the following responsibilities:

  1. Publish the UN List Related to Countering Terrorist Financing and the Local List on the Website and disseminate both lists to the relevant supervisory and competent authorities, financial institutions, specified non-financial businesses and professions immediately and without delay, within a maximum of 16 hours from the issuance of these instructions.
  2. Publish amendments to the UN List Related to Countering Terrorist Financing and the Local List via the Website, including any additions, deletions, or changes to listing information, and disseminate them to the relevant supervisory and competent authorities, financial institutions, specified non-financial businesses and professions immediately and without delay, within a maximum of 16 hours from the publication of these amendments on the relevant UN website.
  3. The publication and dissemination stipulated in paragraphs (1) and (2) of this Article must include guidelines or a link to guidelines regarding the obligations of the relevant supervisory and competent authorities, financial institutions, specified non-financial businesses and professions, and any other person or entity to act and take necessary measures to implement or lift freezing and blocking measures.
  4. The publication and dissemination stipulated in paragraphs (1) and (2) of this Article must include the name of the person or entity listed or delisted from the UN List Related to Countering Terrorist Financing and the Local List, and the name of any person or entity on these lists that undergoes an amendment, along with complete listing information and any explanatory summary related to that listing.
  5. For persons or entities newly listed on the UN List Related to Countering Terrorist Financing, the publication and dissemination stipulated in paragraphs (1) and (2) of this Article must include guidelines or a link to guidelines regarding submitting a delisting request to the UN Ombudsman or to the UN Focal Point for Delisting, as applicable.
  6. For persons or entities newly listed on the Local List, the publication and dissemination stipulated in paragraphs (1) and (2) of this Article must include guidelines or a link to guidelines regarding submitting a delisting request to the UN Security Council Decisions Implementation Committee.
  7. Monitor the publication of both lists and their amendments in the Official Gazette.

Article (5) Financial institutions, specified non-financial businesses and professions, and any other person or entity shall take necessary measures to freeze all funds or other assets thereof within 8 hours from the publication of the UN List Related to Countering Terrorist Financing or the Local List on the Committee's Website, or from the publication of any new listing or amendment to these lists, without prior notice to the listed person or entity.

Article (6) The Committee Secretariat shall monitor the implementation of the content of UN Security Council Decisions Related to Suppressing the Proliferation of Weapons of Mass Destruction.

Article (7) The Committee Chairman shall take necessary measures to implement the provisions of these instructions.

Article (8) All entities shall implement the provisions of these instructions as applicable to them, effective from the date of issuance, and they shall be published in the Official Gazette. Issued in Ramallah on: 7/2022.


Chairman and Members of the UN Security Council Decisions Implementation Committee:-

1- Committee Chairman: [Signature] 2- Committee Member: Farid Ghunnam [Signature] 3- Committee Member: Muhammad Munasarah [Signature] 4- Committee Member: Firas Marar [Signature] 5- Committee Member: Alaa Al-Eisaoui [Signature] 6- Committee Member: Hisham Jarar [Signature] 7- Committee Member: Hazem Al-Masri [Signature] 8- Committee Member: [Signature] 9- Committee Member: Wael Jadallah [Signature] 10- Committee Member: Yasser Bulus [Signature] 11- Committee Member: [Signature] 12- Committee Member: Mahmoud Saydam [Signature] 13- Committee Member: Raed Subhi [Signature]