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  • S.R.O. 936(I)/2023
    Individual associated with ISIL (Da-esh) and Al-Qaida

    1
    Amendments

    EXTRAORDINARY

    PUBLISHED BY AUTHORITY

    _________________________________________________________________________

    ISLAMABAD, Saturday, July 22, 2023

    ___________________________________________________________________________

    Part II

    Statutory Notifications (S.R.O.)

    Government of Pakistan

    MINISTRY OF FOREIGN AFFAIRS

    ORDER

    Islamabad the July 22, 2023

    S.R.O. No. 936(I)/2023 dated July 22, 2023,– WHEREAS the United Nations Security Council vide its Resolutions Nos. 1267(1999), 1333 (2000), 1373 (2001), 1390 (2002), 1455 (2003), 1526 (2004), 1617 (2005), 1735 (2006), 1822 (2008), 1904 (2009),1988 (2011), 1989 (2011), 2082 (2012), 2083 (2012), 2133 (2014), 2160 (2014), 2161 (2014) 2170(2014), 2178(2014), 2199 (2015), 2253 (2015)  2368 (2017) and 2610 (2021)  has directed to apply travel restrictions, arms embargo and to freeze the funds and other financial resources of certain individuals and entities;

    2.         AND WHEREAS through freeze the funds and other financial resources of certain individuals and entities; paragraph 1 of United Nations Security Council resolution 2368 (2017) adopted under Chapter VII of the United Nations Charter, the United Nations Security Council has decided that all States shall take the following measures as previously imposed by paragraph 8 (c) of resolution 1333 (2000), paragraphs 1 and 2 of resolution 1390 (2002), paragraphs 1 and 4 of resolution 1989 (2011) and paragraph 2 of resolution 2253 (2015), with respect to ISIL (also known as Da’esh), Al-Qaida, and associated individuals, groups, undertakings and entities:

    Asset Freeze

    (a)   Freeze, without delay and without prior notice, the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including:

    (i) all funds or other assets including funds derived from property that are owned or controlled by the designated person or entity, and not just those that can be tied to a particular terrorist act, plot or threat;

    (ii) those funds or other assets including funds derived from property that are wholly or jointly owned or controlled, directly or indirectly, by designated persons or entities;

    (iii) the funds or other assets derived or generated from funds or other assets including funds derived from property owned or controlled directly or indirectly by designated persons or entities;

    (iv) funds or other assets, economic resources, or financial or other related services or other assets including funds derived from property of persons and entities acting on behalf of, or at the direction of designated persons or entities;

    Prohibition

    (v) and to ensure that neither these nor any other funds, financial assets or economic resources or other related services are made available, directly or indirectly, wholly or jointly for such persons ‘benefit, by their nationals or by persons within their territory; and

    (vi) no person shall make any donations[1] in the form of funds, economic resources, financial assets or other related services, whether wholly or jointly owned or controlled, to persons or entities designated by the Committee or those acting on behalf or at the direction of designated persons or entities, unless authorized and notified through SROs in accordance with the relevant UNSCRs.

    Travel Ban

    (b)   Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfilment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified;

    Arms Embargo

    (c)   Prevent the direct or indirect supply, sale, or transfer to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned, and technical advice, assistance or training related to military activities;

    3.         AND WHEREAS through paragraph 13 of United Nations Security Council resolution 2368 (2017) adopted under Chapter VII of the United Nations Charter, the United Nations Security Council reiterated  that all States shall ensure that their nationals and persons in their territory not make available economic resources to ISIL, Al-Qaida, and associated individuals, groups, undertakings, and entities, recalls also that this obligation applies to the direct and indirect trade in oil and refined oil products, modular refineries, and related material including chemicals and lubricants, and other natural resources, and comply with their obligation to ensure that their nationals and persons within their territory do not make donations to individuals and entities designated by the Committee or those acting on behalf of or at the direction of designated individuals or entities;

    4.         AND WHEREAS the United Nations (Security Council) Act, 1948 (XIV of 1948) enjoins upon the Federal Government to apply certain measures for giving effect to the decisions of the United Nations Security Council;

    5.         AND WHEREAS the Ministry of Foreign Affairs issued S.R.O.s under the UN Security Council Act 1948 (XIV of 1948) to apply certain measures for giving effect to the decisions of the UN Security Council and to reflect changes / updates made by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee to the list of individuals / entities subject to these measures;

    6.           AND WHEREAS the Ministry of Foreign Affairs has so far issued ­­ 407S.R.Os to date in this regard;

    7.         NOW, THEREFORE, in exercise of the powers conferred by Section 2 of the United Nations (Security Council) Act, 1948 (XIV of 1948), the Federal Government is pleased to order that the Resolution 2368 (2017) be fully implemented including in particular that individuals and entities listed in the Annex to this order reflecting the updates made by the 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee of the United Nations Security Council till date, shall stand subjected to the asset freeze, travel ban and arms embargo in accordance with the aforesaid resolutions and as mentioned in paragraph 2 above;

    8.         NOW THEREFORE, the Annex to this order contains amendments of two individuals specified below, as of July 21, 2023, and will be subject to sanction measures in line with paragraph 7 above;

    9.         NOW THEREFORE, all persons[2] shall implement the measures stated in paragraph 2 of this order in accordance with the aforementioned resolutions, against these listed individuals and entities in order to ensure full implementation of all SROs issued by the Federal Government, and, whereas any subsequent change to the list of individuals and entities will be communicated through issuance of S.R.Os;

    10.       AND WHEREAS through paragraph 53 of United Nations Security Council resolution 2253 (2015) adopted under Chapter VII of the United Nations Charter, the United Nations Security Council has decided that all States are required to take all possible measures, in accordance with their domestic laws and practices, to notify or inform in a timely manner the listed individual or entity of the listing as provided in the relevant resolutions, the Committee’s procedures for considering delisting requests, including the possibility of submitting such a request to the Ombudsperson in accordance with paragraph 21 of resolution 1989 (2011) and the  provisions of resolution 1452 (2002) regarding available exemptions, including the possibility of submitting such requests through the Focal Point mechanism;

    Annexure

    On 21 July 2023, the Security Council Committee pursuant to resolutions 1267 (1999), 1989 (2011) and 2253 (2015) concerning ISIL (Da’esh), Al‑Qaida and associated individuals, groups, undertakings and entities enacted the amendments specified with strikethrough and underline in the entries below on its ISIL (Da’esh) and Al-Qaida Sanctions List of individuals and entities subject to the assets freeze, travel ban and arms embargo set out in paragraph 1 of Security Council resolution 2610 (2021), and adopted under Chapter VII of the Charter of the United Nations.

    A. Individuals

    QDi.124 Name: 1: YAZID 2: SUFAAT 3: na 4: na Title: na Designation: na DOB: 20 Jan. 1964 POB: Johor, Malaysia  Good quality a.k.a.: na Low quality a.k.a.: a) Joe b) Abu Zufar Nationality: Malaysia Passport no: A 10472263 National identification no: 640120-01-5529 Address: a) Taman Bukit Ampang, State of Selangor, Malaysia (previous address) b) Malaysia (in prison since 2013 to 2019 Listed on: 9 Sep. 2003 (amended on 3 May 2004, 1 Feb. 2008, 10 Aug. 2009, 25 Jan. 2010, 16 May 2011, 11 Oct. 2016, 22 Sep. 2017, 1 May 2019, 8 Nov. 2022, 21 Jul. 2023 Other information: Founding member of Jemaah Islamiyah (JI) (QDe.092) who worked on Al-Qaida’s (QDe.004) biological weapons program, provided support to those involved in Al-Qaida’s 11 Sep. 2001 attacks in the United States of America, and was involved in JI bombing operations. Detained in Malaysia from 2001 to 2008. Arrested in Malaysia in 2013 and sentenced to 7 years in Jan. 2016 for failing to report information relating to terrorist acts. Completed detention on 20 November 2019. Served a two-year restricted residence order in Selangor Malaysia until 21 November 2021. Due for release in Feb. 2020. Review pursuant to Security Council resolution 1989 (2011) was concluded on 6 Mar. 2014. Photos included in INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/notice/search/un/1424794. Review pursuant to Security Council resolution 2253 (2015) was concluded on 21 Feb. 2019.  Review pursuant to Security Council resolution 2610 (2021) was concluded on 8 November 2022.  Photos included in INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals.

    QDi.392 Name: 1: FAYSAL 2: AHMAD 3: BIN ALI 4: AL-ZAHRANI Name (original script): فيصلاحمدبنعليالزهراني Title: na Designation: na DOB: 19 Jan. 1986 POB: na Good quality a.k.a.: Faisal Ahmed Ali Alzahrani Low quality a.k.a.: a) Abu Sarah al-Saudi b) Abu Sara Zahrani Nationality: Saudi Arabia Passport no: a) Saudi Arabia number K142736, issued on 14 Jul. 2011, issued in Al-Khafji, Saudi Arabia b) Saudi Arabia number G579315 National identification no: na Address: Syrian Arab Republic  Listed on: 20 Apr. 2016 (amended on 1 May 2019, 21 Jul.2023)  Other information: Reportedly deceased. Was the lead oil and gas division official of Islamic State in Iraq and the Levant (ISIL), listed as Al-Qaida in Iraq (QDe.115), for Al Barakah Governorate, Syrian Arab Republic, as of May 2015. Review pursuant to Security Council resolution 2253 (2015) was concluded on 21 Feb. 2019. INTERPOL-UN Security Council Special Notice web link: https://www.interpol.int/en/How-we-work/Notices/View-UN-Notices-Individuals.

    The ISIL (Da’esh) and Al-Qaida Sanctions List is updated regularly on the basis of relevant information provided by Member States and international and regional organizations.  An updated List is accessible on the ISIL (Da’esh) and Al-Qaida Sanctions Committee’s website at the following URL:  www.un.org/securitycouncil/sanctions/1267/aq_sanctions_list.

    The United Nations Security Council Consolidated List is also updated following all changes made to the ISIL (Da’esh) and Al-Qaida Sanctions List.  An updated version of the Consolidated List is accessible via the following URL: www.un.org/securitycouncil/content/un-sc-consolidated-list.                                                                                                   

                                                                                                                                                                                                                                                                                             Sd/-

                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      (Syed Haider Shah)

    Additional Secretary (UN&ED)

    Ministry of Foreign Affair


    [1] Non-Exhaustive list of Funds, Financial Assets and other Economic Resources is provided at 1.3.1.2 and 1.3.1.3 of guidelines on implementation of the UN Security Council Resolutions Concerning Targetted Financial Sanctions, Travel Ban and Arms Embargo

    [2]The definition of person shall be as defined in Article 2(h) of the United Nations Security Council (Freezing and Seizure) Order, 2019 (Person” includes any agency, association, authority, body, company, department, entity, firm, office or individual) issued under UNSC Act 1948, vide S.R.O No. S.R.O. 261 (I)/2019 dated 4 March 2019.