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Introduction
No: 391000014326 | Date(g): 26/10/2017 | Date(h): 6/2/1439 | Status: In-Force |
Translated Document
Effective from 2017-10-26 - Oct 25 2017
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Security Council resolutions aimed at combating terrorism and its financing mandate that States promptly freeze all funds, financial assets, or other economic resources owned or controlled directly or indirectly by individuals, groups, institutions, or entities designated in the resolutions. This includes funds derived from property owned or controlled by them or by individuals acting on their behalf, under their direction or control, directly or indirectly. States are further required to take all necessary measures to prevent such funds, financial assets, and economic resources from being made available, directly or indirectly, for the benefit of these individuals, groups, institutions, or entities, or for the benefit of any persons acting on their behalf, directly or indirectly, or through their nationals or individuals within their territory.
In fulfillment of this obligation, Royal Order No. 25505, dated 22/05/1433 H, corresponding to 13/04/2012, was issued, endorsing the mechanism for implementing Security Council Resolution No. (1989/1267) and Resolution No. (1988). These directives were disseminated to the pertinent enforcement agencies, as per Ministry of Interior Cable No. 38954, dated 06/06/1433H, corresponding to 27/04/2012. On 25/04/1438 H, corresponding to 23/01/2017, the first update to the implementation mechanisms of Security Council resolutions combating terrorism and its financing was issued, as per Ministry of Interior’s Cable No. (109130) dated 25/04/1438H. This update was executed in accordance with Article (32) of The Law on Combating Terrorism Crimes and Its Financing, promulgated by Royal Decree No. (M/16) dated 24/02/1435H.
Subsequently, on 04/05/1440H, the second update concerning the implementation mechanisms for Security Council resolutions addressing terrorism and its financing was issued under Presidency of State Security Cable No. 32576 dated 04/05/1440H. This update was authorized by Article (75) of the Law on Combating Terrorism Crimes and Its Financing, as stipulated by Royal Decree No. (M/21) dated 12/02/1439H. This article provides that “The Permanente Committee for Combating Terrorism and its financing receives requests from States and organizations for the implementation of UN Security Council Resolutions relating to combating terrorism and financing of terrorism. The Committee shall put in place, and update, mechanisms, and take the necessary measures to implement the said resolutions. The mechanisms shall be issued pursuant to a decision by the Presidency of State Security”. This includes:
The implementation mechanism of Security Council resolutions regarding individuals, groups, institutions, and entities on the Security Council Committee consolidated list No. (2253/1989/1267) concerning ISIL (Da'esh), Al-Qaida, and other individuals, groups, institutions, and entities associated therewith, known as the "Sanctions List regarding ISIL (Da'esh), Al-Qaida, and the individuals, groups, institutions, and entities associated therewith."
The implementation mechanism of Security Council Resolution No. (1988) and subsequent pertinent resolutions. The resolution includes the names of individuals and entities who, prior to the date of adoption of resolution no.1988, were designated as part of the Taliban, as well as other individuals, groups, institutions and entities collaborating with the Taliban movement in jeopardizing peace, stability, and security in Afghanistan, as determined by the committee established under paragraph 30 of Resolution no.1988.
The implementation mechanism of Security Council Resolution No. (1373) targets individuals who, by any means whatsoever, directly or indirectly, willingly provide or collect or attempt to provide or collect, funds with the intention of using them to commit a terrorist offense, or who know that the funds will be used wholly or partly for this purpose, or for the benefit of a terrorist organization or person for any purpose whatsoever, even if the terrorist act does not occur, is not attempted, or the funds are not actually used for its execution or attempt, or are linked to a specific terrorist act, regardless of the country in which the terrorist crime took place or was planned to take place. This includes individuals, groups, institutions, and entities targeted nationally by states for their involvement in activities for the benefit of ISIL (Da'esh), Al-Qaida, and other individuals, groups, institutions, and entities listed on the Committee's consolidated list (2253/1989/1267) as well as those listed on the unified list (1988). It is noted that updates to the list are issued solely by the Presidency of State Security.
Accordingly, (SAMA) instructed the financial institutions under its supervision to undertake several measures for the implementation of the aforementioned updated mechanisms, as outlined in Circular No. 381000077863 dated 22/07/1438H, corresponding to 19/04/2017.
To ensure the effective implementation of procedures and mechanisms by the financial institutions under its supervision, SAMA has revised and updated this guide for implementing the mechanisms outlined in the updated Security Council resolutions pertaining to combating terrorism and its financing. This updated guide was disseminated through Circular No. 391000014326 dated 06/02/1439H.