INDIA Law and Practice Contributed by: Ayush Mehrotra, Upkar Agrawal and Varsha Goel, Khaitan and Co
Delisting Under the UNSC Act • The Indian authorities implement UNSC designa - tions without independent judicial review. Accord - ingly, delisting may be requested through the following international channels: • the focal point process established under UNSC Resolution 1730 (2006) and the relevant sanc - tions committee’s guidelines, whereby a petitioner may submit a delisting request directly to the focal point; or • through the country of citizenship or residence of the designated person, which may raise the matter with the relevant UNSC sanctions committee on the person’s behalf. Delisting the ISIL (Da’esh) and Al-Qaida sanctions list By way of application to the UN Office of the Ombud - sperson, which conducts an independent review and makes a recommendation to the sanctions commit - tee. Delisting Under the UAPA The UAPA provides separate procedures for different designations, as outlined below. • Unlawful associations – An application may be made to the MHA for cancellation of the notifica - tion declaring the association unlawful. The matter is then referred to the Unlawful Activities (Preven - tion) Tribunal (a body chaired by a High Court judge) for adjudication. • Terrorists and terrorist organisations – An applica - tion for delisting is made to the MHA. If rejected, the applicant may apply to a review committee established under the chairmanship of a retired or sitting constitutional court judge, which reviews the evidence and makes a binding recommendation. 4.2 Remedies The remedies available through a successful delisting challenge include the following. UNSC Act Removal from the UNSC sanctions list (through the UNSC mechanisms), with consequent updating of domestic UNSCA Orders to reflect the removal. All
restrictive measures (asset freeze, travel ban, arms embargo) cease upon delisting. UAPA Cancellation of the unlawful association notification; removal from the terrorist or terrorist organisation schedules; unfreezing of previously frozen assets; removal of travel and financial restrictions; and resto - ration of the entity’s legal capacity to operate. 4.3 Timing The time required to obtain delisting varies signifi - cantly depending on the mechanism employed and the complexity of the underlying case. UNSC Focal Point or Ombudsperson Process There is no fixed timeline. It depends on the case’s complexity, the responsiveness of member states and the caseload of the relevant sanctions committee or Ombudsperson. UAPA Unlawful Association Notifications These notifications are valid for five years from the date of issuance. The Tribunal can take up to six months to adjudicate whether there is sufficient cause to declare the association unlawful, from the date the MHA issues the notification. The federal government may, on its own motion or application by the desig - nated persons, delist an association. UAPA Terrorist Delisting No statutory timeline is prescribed for the review com - mittee’s deliberation. 5. Trade and Export Restrictions 5.1 Services FTP prescribes prohibitions and restrictions on the import and export of specified services with desig - nated countries, entities or individuals. The principal restrictions on services trade are as follows. • Prohibition on any financial services or transactions with designated persons organisations or nations as required under applicable UNSC resolutions, implemented by way of UNSCA Order.
167 CHAMBERS.COM
Powered by FlippingBook