Prevention and Super Session of Terrorism (Implementation of Security Council Resolutions) Order, 2007
S.O.460(E).- Whereas the Security Council of the United Nations in its 4385th meeting adopted Resolution 1373 (2001) (appended to this Order as Annexure) on 28th September, 2001, under Chapter VII of the Charter of the United Nations requiring all the States to take measures to combat international terrorism;
And whereas, Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004) 1[1617(2005), 1735(2006) and 1822(2008)] of the Security Council of the United Nations require the States to take action against certain terrorists and terrorist organizations, to freeze the assets and other economic resources, to prevent the entry into or the transit through their territory, and prevent the direct or indirect supply, sale or transfer of arms and ammunitions to the individuals or entities listed in the Schedule;
And whereas, the Central Government considers it necessary and expedient to issue an Order under the United Nations (Security Council) Act, 1947 (43 of 1947) to implement the said Resolutions of the Security Council adopted under Chapter VII of the Charter of the United Nations to combat international terrorism;
Now, therefore, in exercise of the powers conferred by Section 2 of the United Nations (Security Council) Act, 1947 (43 of 1947), the Central Government hereby makes the following Order to give effect to the said Resolutions, namely:-
1 . Short title and commencement.--
(1) This Order may be called the Prevention and 2[Suppression] of Terrorism (Implementation of Security Council Resolutions) Order, 2007.
(2) It shall come into force on the date of its publication in the Official Gazette
2 . Definitions.--
(1) In this Order, unless the context otherwise requires,-
(a) "Resolution" means the Resolution 1373 (2001) of the Security Council of the United Nations adopted on 28th September, 2001 and includes Resolutions 1267 (1999), 1333 (2000), 1363 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1566 (2004) 1[1617(2005), 1735(2006) and 1822(2008)] adopted by the Security Council under Chapter VII of the Charter of the United Nations to combat international terrorism;
(b) "Schedule" means the Schedule annexed to this Order, drawn on the basis of the determination made by the Security Council in their said Resolutions.
(2) Words and expressions used but not defined in this Order and defined in any law for the time being in force shall have the meanings respectively assigned to them in such laws.
3 . Provisions of the Order, to apply to certain terrorists and terrorist organizations.--
The provisions of this Order, as amended from time to time, shall apply to terrorists and terrorist organizations falling within the purview of the said Resolutions and the Schedule.
4 . Powers of the Central Government to prevent and suppress the terrorist activities falling within the purview of Resolutions.--
The Central Government, while exercising its powers under the relevant laws, shall take measures to
(a) make comprehensive plans requiring the State Governments and other authorities to prepare a terrorist watch list in respect of individuals and entities listed in the Schedule and to take follow up measures in respect of activities stated hereunder, emphasizing the need to report back of the action taken in this regard so as to neutralize such terrorist and terrorists organizations;
(b) prevent and suppress the financing of any terrorist act;
(c) prohibit any wilful provisions or collection, directly or indirectly, of funds by any individual or entity whether in or outside India, with the intention to use such funds or having the knowledge that they are to be used to carry out any terrorist act;
(d) freeze, seize or attach funds and other financial assets or economic resources, held by or on behalf or at the direction, of the individuals or entities listed in the Schedule, including funds derived or generated from property and controlled by such individuals or entities;
(e) prohibit any individual or entity from making any funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of individuals or entities listed in the Schedule and persons or entities acting on behalf of or at the direction of such individuals or entities;
(f) prevent the entry into or the transit through India of individuals listed in the Schedule;
(g) prevent any direct or indirect supply, sale and transfer, in or outside India, of arms and ammunition and other related materials to the individuals or entities listed in the Schedule;
(h) prohibit and prevent any activity relatable to individuals and entities listed in the Schedule.
5 . Power to give directions, etc.--
(1) The Central Government may, from time to time, issue directions to the State Governments and various authorities in such manner as it may consider necessary for the implementation of this Order.
(2) The directions issued under this paragraph may include, direction to implement the measures referred to in clause 4 of this Order and to freeze, seize or attach the assets and other economic resources; prevent the entry into or the transit through India; and prevent the sale, supply or transfer of arms and ammunitions to the individuals or entities listed in the Schedule, and the directions to institute any criminal proceedings against them.
6 . Section 6
The Prevention and Suppression of Terrorism (Implementation of Security Council Resolutions) Order, dated the 23rd March 2006, published in the Gazette of India, Extraordinary, Part II, Section 3(i) vide number 375(E), is hereby superseded, except as respects things done or omitted to be done before such supersession.
Footnotes:
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Substituted by the Prevention and suppression of Terrorism (Implementation of Security Council Resolution) Amendment Order, 2009 for the figure: -
"and 1617 (2005)"
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Substituted by the Prevention and suppression of Terrorism (Implementation of Security Council Resolution) Amendment Order, 2009 for the word: - "Supersession"
1[Schedule
[See paragraph 2(b)]
The Consolidated List established and maintained by the 1267 Committee with respect to Al-Qaida, Usama bin Laden, and the Taliban and other individuals, groups, undertakings and entities associated with them
I. General Information:
The Security Council Committee established pursuant to paragraph 6 of the Resolution 1267 (1999) (hereafter referred to as the 1267 Committee) overseas the implementation by States of the sanctions imposed by the Security Council on individuals and entities belonging or related to the Taliban, Usama Bin laden and the Al-Qaida organizations and maintains a consolidated list of individuals and entities for this purpose. All States are obliged to freeze the assets, prevent the entry into or the transit through their territories, and prevent the direct or indirect supply, sale and transfer of arms and military equipment with regard to the individuals/entities included on the list.
II. Composition of the list:
The consolidated list consists of four sections, specified below:
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The list of individuals belonging to or associated with Taliban
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The list of entities belonging to or associated with the Taliban
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The list of individuals belonging to or associated with the Al-Qaida organisation
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The list of entities belonging to or associated with the Al-Qaida organisation
III. Identifiers and acronyms in the list
Several identifiers are used in the list in order to categorize the information provided. Identifiers without any information, or followed by the letters "na" (not available), indicate that information pertaining to that identifier is currently not available, notwithstanding the 1267 Committee's efforts to obtain it. Explanations of the identifiers used in the list are provided below:
Name 1, Name 2, Name 3, Name 4: The names of individuals on the list are specified in the order that they would appear in a national passport. Four separate name fields have been provided for each individual on the list in order to allow for the full range of naming conventions used in those parts of the world where Arabic-based names are common. When four names are provided the naming convention is as follows: Name 1 is the individual's first name, Name 2 is the name of the individual's father, Name 3 is the name of the individual's grandfather and Name 4 is the individual's family name. In many instances, individuals included in the list are represented by less than four names. Where appropriate, the family name has been bolded, regardless of the field it occupies. There are several possible reasons why less than four names are provided for some individuals on the list, including: (a) information regarding some parts of the complete name is unavailable; or (b) the naming convention used in a given individual's country of origin may not employ all four name components used in other countries where Arabichased names are common. Users should bear in mind that transliterating Arabic and other names into Latin characters can result in a number of variations. Cross referencing names with other elements of information contained in the list is therefore highly recommended.
Title: Honorary, professional or religious titles.
Designation: Official title/position.
DOB: Date of birth, including alternative date of birth(s).
POB: Place of birth, including alternative place(s) of birth.
Good quality a.k.a.: Alias (es) (also known as) most probably insufficient for a positive identification.
Low quality a.k.a. Alias (es) (also known as) most probably insufficient for a positive identification.
Nationality: Designates citizenship/nationality.
Passport No.: Passport number(s)
National identification No.: National identification numbers (e.g. ID card numbers, Social Security Numbers, etc.)
Address; Address(es) identify where the individual permanently or temporarily resides/lives (legally or illegally).
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