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  • S.R.O. 127(I)/2022
    Individual associated with ISIL (Da-esh) and Al-Qaida

    1
    Removal

    EXTRAORDINARY

    PUBLISHED BY AUTHORITY

    __________________________________________________________________________

    Islamabad, Tuesday, 25 JANUARY 2022

    ___________________________________________________________________________

    Part II

    Statutory Notifications (S.R.O.)

    Government of Pakistan

    MINISTRY OF FOREIGN AFFAIRS

    ORDER

    Islamabad the January 25, 2022

     

    S.R.O. 127 (I)/2022 dated January 25, 2022 -  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 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), and paragraphs 1 and 4 of resolution 1989 (2011), 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 fulfillment 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 issues 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 394 S.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 removal of one individual to 1267/1989/2253 ISIL (Da’esh) and Al-Qaida Sanctions Committee of the UN Security Council as of January 24, 2022, the assets freeze, travel ban and arms embargo set out in paragraph 1 of Security Council resolution 2368 (2017) and adopted under Chapter VII of the Charter of the Charter of the United Nations, accordingly no longer apply to this individual

     

    Delisting and Exemptions Procedure

     

    9.         AND WHEREAS through paragraph 59 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 43 of resolution 2083 (2012) and the provisions of resolution 1452 (2002) regarding available exemptions, including the possibility of submitting such requests through the Focal Point mechanism. Details of the procedure for delisting and exemptions is available on following links:http://www.mofa.gov.pk/documents/sro/Delisting_Procedure_Alqaida.pdf http://www.mofa.gov.pk/documents/sro/Exemptions.pdf

     

    Annexure

     

    On 24 January 2022, 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 removed the entry below from the ISIL (Da’esh) and Al‑Qaida Sanctions List after concluding its consideration of the delisting request for this name submitted through the Office of the Ombudsperson established pursuant to Security Council resolution 1904 (2009), and of the Comprehensive Report of the Ombudsperson on this delisting request.

    Therefore, 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, no longer apply to the name set out below:

    A. Individuals

    QDi.099 Name: 1: KHALIL 2: BEN AHMED 3: BEN MOHAMED 4: JARRAYA Name (original script): خليل بن احمد بن محمد جراية
    Title: na Designation: na DOB: 8 Feb. 1969 POB: Sfax, Tunisia  Good quality a.k.a.: a) Khalil Yarraya b) Ben Narvan Abdel Aziz born 15 Aug. 1970 in Sereka (former Yugoslavia) c) Abdel Aziz Ben Narvan born 15 Aug. 1970 in Sereka (former Yugoslavia)  Low quality a.k.a.: a) Amro b) Omar c) Amrou d) Amr Nationality: Tunisia Passport no: Tunisian number K989895, issued on 26 Jul. 1995, issued in Genoa, Italy (expired on 25 Jul. 2000)  National identification no: na

     

     

                                                                                                 Sd/-

                                                                                                           (Nabeel Munir)

                                                                                                         Additional Secretary (UN&ED)

                                                                                                           Ministry of Foreign Affairs

     

     



    [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