Instructions No. 1 of 2018 for Implementing Obligations under UN Security Council Resolutions 1267, 1989, and 2253

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[No.: 9632/1/9]
[Date: 9 / 11 / 1439 AH]
[Corresponding to: 22 / 7 / 2018 AD]

Circular to Licensed Exchange Companies

Greetings,

We attach herewith the following:

1. Instructions No. (1) of 2018 – Instructions for implementing the obligations contained in Security Council resolutions No. 1267 (1999), No. 1989 (2011), and No. 2253 (2015) and other related resolutions issued by the National Committee for Combating Money Laundering and Financing of Terrorism, based on the provisions of paragraph (c) of Article (37) of Law No. (46) of 2007 on Combating Money Laundering and Financing of Terrorism and its amendments.
2. Instructions No. (2) of 2018 regarding the implementation of obligations contained in Security Council resolution No. 1988 (2011) and other related resolutions, issued by the National Committee for Combating Money Laundering and Financing of Terrorism, based on the provisions of paragraph (c) of Article (37) of Law No. 46 of 2007 on Combating Money Laundering and Financing of Terrorism and its amendments.
3. Instructions No. (3) of 2018 – Instructions for implementing the obligations contained in Security Council resolution No. 1373 (2001) and other related resolutions, issued by the National Committee for Combating Money Laundering and Financing of Terrorism, based on the provisions of paragraph (c) of Article (37) of Law No. (46) of 2007 on Combating Money Laundering and Financing of Terrorism and its amendments.

For your action regarding the same.

Please accept our highest respect,

The Governor
Dr. Ziad Frieh

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Instructions No. (1) of 2018 - Instructions for implementing the obligations contained in Security Council resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions issued by the National Committee for Combating Money Laundering and Financing of Terrorism, based on the provisions of paragraph (c) of Article (37) of Law No. (46) of 2007 on Combating Money Laundering and Financing of Terrorism and its amendments

Article (1):
These Instructions shall be titled "Instructions for implementing the obligations contained in Security Council resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions for the year 2018" and shall come into effect from the date of their approval by the National Committee for Combating Money Laundering and Financing of Terrorism(1) and shall be published in the Official Gazette.

Article (2):
a- The words and expressions contained in these Instructions shall have the meanings assigned to them in Article (2) of Law No. (46) of 2007 on Combating Money Laundering and Financing of Terrorism and its amendments in force, unless the context indicates otherwise. b- The following words and expressions shall have the meanings assigned to them below unless the context indicates otherwise:- International Resolutions: Security Council resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions concerning ISIS or Al-Qaeda and all individuals, entities, groups, or institutions associated with either of them. The Technical Committee: The committee formed pursuant to the provisions of Article (3) of these Instructions. The Sanctions Committee: The Security Council committee established pursuant to resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions concerning ISIS or Al-Qaeda and all individuals, entities, groups, or institutions associated with either of them. Listing: Adding the name of an individual, group, or institution to the sanctions list issued pursuant to Security Council resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions concerning them. The Explanatory Summary: The public part of the statement of reasons for listing an individual, entity, group, or institution on the sanctions list attached to the listing decision by the Sanctions Committee. The Sanctions List: The United Nations sanctions list established pursuant to Security Council resolutions related to individuals, entities, and institutions associated with or linked to ISIS or Al-Qaeda and all individuals, entities, groups, or institutions associated with either of them, and the data and reasons for listing them.

(1) The National Committee approved the Instructions at its meeting held on 2018/7/4

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Listed Individual: The natural person whose name is named within the sanctions list and is subject to sanctions imposed by the United Nations pursuant to the related resolutions.
Listed Entity: The group, institution, or legal person whose name is named within the sanctions list and is subject to sanctions imposed by the United Nations pursuant to the related resolutions, including the group, institution, or legal person owned or controlled directly or indirectly by ISIS or Al-Qaeda and all individuals, entities, groups, or institutions associated with either of them. Ombudsperson: The body appointed by the Secretary-General of the United Nations to consider requests for the removal of names of individuals and entities listed in the sanctions list. Economic Resources: Assets of any kind, whether tangible or intangible, movable or immovable, physical or non-physical, actual or potential, including assets that are not money but can be used to obtain money, goods, or services, including but not limited to land, buildings, and other real estate, equipment, machinery, computers, electronic systems, machinery, furniture, precious metals, gemstones, goods including oil, metals, weapons, equipment, patents, intellectual property rights, names, trademarks, internet publishing services, or services related thereto. Without delay: The immediate freezing of funds and economic resources by financial institutions, designated non-financial businesses and professions, or any other body belonging to any individual, entity, group, or institution upon listing by the Sanctions Committee, within hours of the listing decision by the Sanctions Committee, for the purpose of preventing the disposal of funds or economic resources, including smuggling. Freezing: Imposing an immediate temporary ban on all funds and economic resources for the purpose of preventing their use, transfer, exchange, disposal, movement, or subjecting them to temporary custody or control pursuant to a decision of the Technical Committee issued based on a decision of the Sanctions Committee, which concerns or belongs to or is in the possession or control of a listed individual or entity, including funds derived from funds or economic resources owned or controlled directly or indirectly by any of them or by persons acting on behalf of or under the direction of any of them, without prior notice to them. Permanent Reference Number: The number containing identifiers for the identity of the individual or entity listed in the sanctions list. Reasonable grounds or rational basis: A set of facts or circumstances that would cause a reasonable person (who possesses a normal degree of judgment and wisdom) to decide that a matter exceeds the degree of suspicion or probability.

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Article (3):
a- A committee called the "Technical Committee for the Implementation of Security Council Resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions" shall be formed from the directors of legal departments or those equivalent in each of the entities listed below, provided that these entities may appoint employees from non-legal departments who possess technical expertise in the work undertaken by the Committee:-

1. Ministry of Foreign Affairs / Chairman of the Committee.
2. The Unit / Vice Chairman.
3. Ministry of Interior.
4. Ministry of Justice.
5. General Intelligence Department.
6. General Security Directorate.
7. Central Bank of Jordan.
8. Securities Commission.
9. Lands and Survey Department.
10. General Customs Department.
11. Companies Control Department.
    b- Each of the entities referred to in paragraph (a) of this Article shall appoint a substitute person in case of the absence of the member they appointed to the Committee. c- The Chairman of the Technical Committee shall appoint a secretary for the Technical Committee from among the employees of the Ministry of Foreign Affairs and a substitute in case of his absence. The Secretary shall be responsible for recording the minutes of its meetings and decisions, keeping its records, and any other matters assigned to him by the Technical Committee. d- All members of the Technical Committee must provide all information, documents, and data available at the entities they represent for the purpose of implementing the provisions of these Instructions, including those necessary to determine whether an individual, entity, group, or institution meets the criteria for listing in the sanctions list.

Article (4):
a- The Technical Committee shall meet at least once every three months and whenever necessary. The invitation to the meeting and the agenda shall be determined by a decision of its Chairman or Vice Chairman in case of his absence. b- The quorum for meetings of the Technical Committee shall be the presence of the majority of its members, with the Chairman or Vice Chairman among them. Its decisions shall be issued by a majority of the votes of the attending members. c- The Technical Committee may, when necessary, issue its decisions by circulation, provided that the decision is issued unanimously and that the Technical Committee is informed of the decision at its first meeting. d- The Committee may form one or more temporary sub-committees from among its members to study any matters presented to it, with its tasks specified in the decision of its formation. e- The Technical Committee may enlist any person or body to assist it or any temporary sub-committee formed pursuant to the provisions of paragraph (d) of this Article, without either having the right to vote when making decisions.

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Article (5):
It is prohibited for any member of the Technical Committee, its Secretary, or anyone who becomes aware of any information provided or exchanged pursuant to the provisions of these Instructions, whether directly or indirectly through their work, to disclose any of this information they became aware of directly or indirectly or to reveal this information in any form, except for the purposes of implementing these Instructions, including disclosing the source of this information. This prohibition continues after the end of their work with or for the Technical Committee.

Article (6):
The Technical Committee shall undertake the tasks and authorities related to the implementation of Security Council resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions in accordance with the procedures stipulated in these Instructions, including the obligations stipulated in these Instructions and the obligation to comply with related international resolutions. In carrying out its tasks and authorities, the Technical Committee shall coordinate with security, supervisory, oversight, administrative, and any other relevant bodies to implement the provisions of these Instructions.

Article (7):
a- The Technical Committee shall determine the individuals, entities, groups, or institutions proposed for listing in the sanctions list in accordance with the listing criteria stipulated in the related resolutions, provided that it has a standard of proof based on reasonable grounds or a rational basis sufficient for that, and after completing the acquisition of all necessary information from the competent authorities in the Kingdom, without requiring the existence of a criminal case against the individual, entity, group, or institution proposed for listing. For the purposes of these Instructions, acts or activities indicating that an individual, group, or institution is linked to ISIS or Al-Qaeda, which necessitate listing any of them in the sanctions list, include the following:

1. Participating in financing acts or activities carried out by ISIS or Al-Qaeda or any cell, group, or branch associated with or split from them, or carried out in cooperation with any of them, in their name, on their behalf, or in support of them, or planning these acts or activities, facilitating their commission, preparing for them, or committing them.
2. Supplying, selling, or transferring weapons and related equipment to any of them; or in cooperation with one of them, in their name, on their behalf, or for any cell, group, or branch associated with or split from either of them, or supporting one of them or supporting their acts or activities in any other way.
3. Recruiting on behalf of any of them; or in cooperation with one of them, in their name, on their behalf, or for any cell, group, or branch associated with or split from either of them, or supporting one of them or supporting their acts or activities in any other way.
4. Providing any other form of support for those acts or activities carried out by those listed in the sanctions list and other groups, institutions, and individuals linked to ISIS or Al-Qaeda.
   b- The Technical Committee shall provide all information and documents justifying the proposal of the individual or entity in the sanctions list as stated in this Article, such that this information and documents clearly and accurately determine the identity of the individual, entity, group, or institution proposed for listing as much as possible. The Technical Committee shall submit a detailed statement of reasons for the listing in accordance with the unified form for listing names in the list, including all details and bases

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relied upon for proposing the listing and information related to the compliance of the individual, entity, group, or institution proposed to be named with the listing criteria as stated above, and the Sanctions Committee shall be provided with the following information:

1. Regarding individuals: The individual's name, other distinguishing names, family name or surname, date of birth, place of birth, nationality, gender, aliases, job or profession, country or countries of residence, passport number, national ID number, current address, previous addresses, and current status before law enforcement authorities as to whether the individual is wanted, detained, or convicted, and place of residence.
2. Regarding entities: The name, trade name, abbreviated name, other known names by which they were known, address, headquarters, branches, subsidiaries, organizational links, ownership structure, controlling management, parent company, nature of work or commercial activity, country or countries of main activity, persons managing the entity, registration or establishment number or other identification numbers, and the status of the entity as being under liquidation or dissolution, and website addresses.
   c- The Technical Committee, before proposing the listing of individuals, entities, groups, or institutions in the sanctions list, shall contact the state in which the individual, entity, group, or institution resides or the state of which they hold citizenship to obtain information, whenever possible. d- Upon listing the name of an individual or entity in the sanctions list, the name of any of them shall be published on the Technical Committee's website and circulated as appropriate to supervisory and oversight bodies, which shall in turn circulate it to financial institutions, non-financial businesses and professions under their supervision and oversight. It shall also be circulated to security and administrative bodies and any other relevant body to take the necessary measures to freeze the funds or economic resources of listed individuals and entities and/or the funds of persons, entities, or institutions acting on their behalf, for their benefit, or under their direction, including other funds and economic resources derived or generated from property owned or controlled directly or indirectly by these individuals or entities linked to them immediately and without delay or prior notice to the listed person or entity. The Technical Committee may request the freezing of funds, assets, branches, and spouse of any listed individual if it deems it justified, following the same procedures. The bodies taking action in this regard shall do so as soon as possible and within no more than (3) working days, including providing the Technical Committee with the volume and type of funds and economic resources frozen and other related details. e- The Technical Committee, after completing the freezing procedures of funds and economic resources pursuant to the provisions of these Instructions for the listed individual or entity, shall inform either of them without delay of their listing in the sanctions list, including providing them with the Explanatory Summary directly and any information about the reasons for adding their name, by making this information available on the Technical Committee's website and describing the consequences of adding the name to the sanctions list and the procedures followed by the Sanctions Committee in considering requests for removal from the sanctions list, including the possibility of submitting such requests to the Ombudsperson pursuant to the provisions of Article (15) of these Instructions, as well as the possibility of using part of the frozen funds or economic resources pursuant to the provisions of Article (10) of these Instructions, if their address is known or after notifying them thereof through official channels and giving them the opportunity to express any comments on the listing.

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f- The Technical Committee shall decide whether to disclose that the Kingdom is the one that proposed the listing of the individual's or entity's name in the sanctions list for each listing proposal individually.

Article (8):
a- The Technical Committee shall publish the sanctions list and any amendments made to it on its website and circulate it without delay to supervisory and oversight bodies, which shall in turn circulate it to financial institutions, non-financial businesses and professions under their supervision and oversight. It shall also be circulated to security and administrative bodies and any other relevant body to take the necessary measures to freeze the funds or economic resources of listed individuals and entities and/or the funds of persons or entities acting on their behalf, for their benefit, or under their direction, including other funds and economic resources derived or generated from property owned or controlled directly or indirectly by these individuals or entities linked to them immediately and without delay or prior notice to the listed person or entity. The Technical Committee may request the freezing of funds, assets, branches, and spouse of any listed individual if it deems it justified, following the same procedures. The bodies taking action in this regard shall do so as soon as possible and within no more than 3 working days, including providing the Technical Committee with the volume and type of funds and economic resources frozen and other related details. b- The Technical Committee shall undertake to publish and circulate the name of any individual or entity added to the sanctions list for the first time as soon as the Explanatory Summary for the listing of this individual or entity in the sanctions list is issued by the Sanctions Committee, in accordance with the provisions of these Instructions. c- The rights of bona fide third parties must be respected when implementing any freezing procedures pursuant to the provisions of these Instructions.

Article (9):
a- All financial institutions, non-financial businesses and professions, and other relevant bodies shall refer to the sanctions list when conducting any transaction or entering into a new relationship with any person to ensure that their name is not listed in the sanctions list. In the event of a matching or similar name appearing, these bodies shall freeze the funds and economic resources belonging to them without delay and immediately inform the Technical Committee of the action taken in this regard, in accordance with the procedures stipulated in these Instructions. b- It is prohibited for any person or body to make any funds or economic resources available or provide financial or other services, directly or indirectly, in whole or in part, to any individual or entity listed in the sanctions list or for the benefit of either of them. c- If any security, administrative, supervisory, or oversight body or any other body responsible for implementing the provisions of these Instructions determines that any body under its supervision or oversight has not taken the procedures stipulated in paragraphs (a) and (b) of this Article, it shall immediately inform the Technical Committee thereof. The Technical Committee shall then consider this case, and the necessary penalties shall be applied pursuant to the prevailing legislation.

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Article (10):
a- The Technical Committee may, as it deems appropriate, approve the use of part of the frozen funds or economic resources for any of the following:-

1. Meeting the essential needs to cover the basic expenses of the listed individual whose funds are frozen, including amounts paid for food, rent or mortgage allowances, medicines, medical treatment, taxes, insurance premiums, tuition fees, judicial fees, and public service fees.
2. For reasonable professional fees and reimbursement of expenses related to providing legal services or fees or service charges related to the custody and ordinary maintenance of frozen funds or economic resources.
3. To cover exceptional expenses other than those mentioned in items (1) and (2) of paragraph (a) of this Article.
   b- Requests for a decision on any of the items mentioned in paragraph (a) of this Article shall be submitted by the listed individuals or their representatives directly to the Technical Committee, accompanied by all supporting documents and evidence. c- The Technical Committee shall study the requests stipulated in paragraph (b) of this Article, including the reasons for the request and the amount of funds requested. The Technical Committee may reduce the amount of these funds based on justified reasons, and may reject the request if justified reasons exist. d- If the request relates to the expenses mentioned in item (1) of paragraph (a) of this Article, the Technical Committee may issue its decision to approve or reject the request by circulation, subject to the provisions of paragraph (e) of this Article. e- The Technical Committee must, in the two cases mentioned in items (1) and (2) of paragraph (a) of this Article, inform the Sanctions Committee of its intention to approve the request submitted pursuant to paragraph (b) of this Article. If the Sanctions Committee does not object or does not issue a decision to reject within three working days from the date of being informed thereof, the freeze on the financial amount approved by the Technical Committee shall be lifted, and the body holding the frozen funds shall be notified in writing thereof to implement the decision. This body shall inform the Technical Committee of the action taken in this regard. f- The Technical Committee must, in the case mentioned in item (3) of paragraph (a) of this Article, obtain the approval of the Sanctions Committee for the request. g- For the purposes of paragraphs (e) and (f) of this Article, the Technical Committee shall inform the listed individual or their representative of the approval or rejection of the request in writing.

Article (11):
a- Financial institutions may credit any amounts or transfers to accounts that have been frozen, provided that these added amounts to the aforementioned accounts are frozen, and financial institutions shall immediately inform the Technical Committee of these transactions. b- All amounts resulting from any contracts, agreements, or obligations concluded or arising before the date of listing in the sanctions list by the Sanctions Committee shall be added to the frozen accounts, including profits, interest, and any other payments, provided that all these amounts are subject to freezing.

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c- For the purposes of implementing the provisions of paragraphs (a) and (b) of this Article, the Technical Committee shall be informed if the listed individual or entity does not have bank accounts, to take appropriate action in this regard.

Article (12):
a- The Technical Committee shall receive requests related to lifting the freeze on funds and economic resources that were frozen pursuant to the provisions of these Instructions, which belong to individuals or entities whose funds were frozen, and where there is a similarity between the names of these persons or entities and the names of individuals or entities listed pursuant to the provisions of these Instructions. b- The Technical Committee shall study the requests referred to in paragraph (a) of this Article to make a decision within a period not exceeding five working days from the date of submission of the request. c- If the Technical Committee approves the request submitted pursuant to the provisions of paragraph (a) of this Article, it shall inform the applicant, the body holding the frozen funds, and other competent authorities of the lifting of the freeze. These bodies shall inform the Technical Committee of the action taken in this regard. If the request is rejected, the applicant shall be notified in writing thereof, accompanied by the reasons for rejection.

Article (13):
There shall be no criminal, civil, administrative, or disciplinary liability for any natural or legal person who, in good faith, freezes funds and economic resources or provides any information or data consistent with the procedures contained in these Instructions.

Article (14):
a- Financial institutions, non-financial businesses and professions, and any person obliged to implement the provisions of these Instructions must immediately provide the Technical Committee with any information that helps comply with the provisions of these Instructions, particularly information related to funds and economic resources belonging to, owned by, or controlled by listed individuals or entities. b- The information referred to in paragraph (a) of this Article shall not be used except for the purposes for which it was provided or obtained.

Article (15):
a- Any individual or entity listed wishing to have their name removed from the sanctions list shall submit a request directly to the Ombudsperson, in accordance with the procedures approved by the Office of the Ombudsperson in this regard. b- The Technical Committee shall receive requests for additional information related to de-listing requests submitted by any listed individual or entity from the Ombudsperson, in case the Kingdom has proposed the listing of this individual's or entity's name in the sanctions list. c- The Technical Committee shall study the request within the period specified by the Ombudsperson and provide it with its comments and the extent to which the individual or entity is entitled to have their name removed from the sanctions list. The Technical Committee may ask any questions or request any other clarifications it wishes to refer to the applicant, and respond to any other inquiries made by the Ombudsperson.

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d- The Technical Committee shall submit to the Sanctions Committee requests to remove the names of deceased individuals listed in the sanctions list, accompanied by a death certificate, as well as requests to remove the names of entities that no longer exist or have no actual activity. The Technical Committee shall take the necessary measures to verify that the funds or economic resources that were in the possession of these individuals or entities have not been transferred to other individuals or entities whose names are listed in the sanctions list or distributed among them or to current or future beneficiaries, including verifying that none of the heirs or beneficiaries of the frozen funds and economic resources are listed in the sanctions list, and shall inform the Sanctions Committee thereof. e- The Technical Committee shall contact the bodies that froze the funds and economic resources referred to in paragraph (d) of this Article after receiving the response from the Sanctions Committee to the request.

Article (16):
The Technical Committee shall undertake to submit requests to remove the names of listed individuals or entities to the Sanctions Committee in case the Kingdom has requested the listing of the individual's or entity's name alone or in cooperation with other countries.

Article (17):
The Technical Committee shall undertake the following:- a- Inform competent authorities of any amendments to the names of listed individuals or entities or information regarding any of them that needs to be completed in accordance with the mechanism set out in these Instructions. b- Provide the Sanctions Committee with any additional information available to it to identify the listed individuals and/or entities, including information related to the practical status of entities listed in the sanctions list, and about the movements of listed individuals, or their detention or death, and other significant facts. c- Take measures to ensure that competent authorities and concerned states are informed of the actions taken by them in the context of implementing the provisions of these Instructions, including freezing decisions or listing individuals or entities or removing their names from the sanctions list, and responding to any requests received from the Sanctions Committee in this regard. d- Prepare the necessary reports on the actions taken in the Kingdom in the context of implementing Security Council resolutions No. 1267 (1999), No. 1989 (2011), No. 2253 (2015) and other related resolutions. e- Keep records of the minutes of its meetings, its correspondence, proposals to list the names of individuals and entities in the sanctions list, requests for exemptions from freezing, requests to remove listed names and entities from the sanctions list, and other records necessary for its work.

Article (18):
Any person who becomes aware of a violation of the provisions of these Instructions must immediately inform the Technical Committee thereof.

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Article (19):
Anyone who violates the provisions of these Instructions shall be punished with the penalties stipulated in the prevailing Law on Combating Money Laundering and Financing of Terrorism.

Article (20):
The Ministry of Foreign Affairs shall undertake to address the Permanent Mission of the Hashemite Kingdom of Jordan to the United Nations wherever the Technical Committee is obliged to address the Sanctions Committee regarding any action pursuant to the provisions of these Instructions.

Article (21):
a- In addition to what is mentioned in these Instructions, and in cases not stipulated therein, all bodies obliged to implement the provisions of these Instructions shall implement any other Security Council resolutions related to these Instructions, provided that they do not conflict with any international agreements that

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