The International Financial Services Centres Authority (IFSCA) issued a circular on November 18, 2024, regarding the procedure for implementing Section 51A of the Unlawful Activities (Prevention) Act, 1967. This circular outlines the changes in the details of the Central Nodal Officer responsible for the implementation of this section. Following modifications by the Ministry of Home Affairs, the Joint Secretary (CTCR), Ministry of Home Affairs, has been designated as the new Central Nodal Officer, replacing the Additional Secretary (CTCR). The circular is issued to all regulated entities in the GIFT-IFSC, urging them to comply with the updated procedure. The IFSCA also references previous corrigenda, including those from January 2022 and March 2023, for clarification on the responsibilities and procedure.
International Financial Services Centres Authority
Circular No. F. No. 887/IFSCA/UAPA/2023-24/04 Dated: 18th November 2024
To,
All Regulated Entities in GIFT-IFSC
Sub: Procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967- Change in the details of the Central [Designated] Nodal Officer.
Sir/Madam,
A. Reference may be drawn to Clause 11.2 (Freezing of Assets under Section 51A of Unlawful Activities (Prevention) Act, 1967) of Chapter XI (Compliance Obligations Under International Agreements and Domestic Laws) of the International Financial Services Centres Authority (Anti Money Laundering, Counter-Terrorist Financing and Know Your Customer) Guidelines, 2022 (hereinafter referred as ‘Guidelines’).
B. Reference may also be drawn to Corrigendum bearing File No. 14014/01/2019/CFT dated 10th January, 2022 issued by CTCR Division of the Ministry of Home Affairs, Government of India on Procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967- Change in the details of the Central [Designated] Nodal Officer- regarding (herein referred as ‘Corrigendum dated 10th January 2022’). Under the Corrigendum dated 10th January 2022, the Order dated 02.02.2021 on the Procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967 was modified to the extent that the Additional Secretary (CTCR), Ministry of Home Affairs was designated as the Central [designated] Nodal Officer for the UAPA in place of the Joint Secretary (CTCR). (https://www.mha.gov.in/sites/default/files/2022-08/ProcedureimplementationSection51A 10022022%5B1%5D.pdf)
C. Reference may also be drawn to Corrigendum bearing File No. 14014/01/2019/CFT-83 dated 15th March, 2023 issued by CFT Cell/CTCR Division of the Ministry of Home Affairs, Government of India. (https://www.mha.gov.in/sites/default/files/2023-05/Procedure51Acorrigendumpdf).
D. All Regulated Entities in GIFT-IFSC shall note that the Ministry of Home Affairs, CTCR Division/CFT Cell vide F.No. 14014/01/2019/CFT issued a Corrigendum dated 22nd April 2024 (herein referred as ‘Corrigendum dated 22nd April 2024’), on Procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967.-Change in the details of the Central [Designated] Nodal Officer- regarding. Under the Corrigendum dated 22nd April 2024, the Order dated 02.02.2021 on the Procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967 is again modified to the extent that the Joint Secretary (CTCR), Ministry of Home Affairs [Telephone Number 011- 23093124, email address: [email protected]], is designated as Central Nodal Officer in place of the Additional Secretary (CTCR) for the purpose of implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967. The Copy of Corrigendum dated 22nd April 2024 is annexed with this Circular.
Ramachander S.S.R. Eranki,
UAPA Nodal Officer
& Head, AML & CFT Division
[email protected]
No. 14014/01/2019/CFT
Government of India
Ministry of Home Affairs
(CTCR Division/CFT Cell)
*****
North Block, New Delhi
Dated: 22nd April, 2024
CORRIGENDUM
Sub: Procedure for implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967- Change in the details of the Central [designated] Nodal Officer- regarding.
Consequent upon change in the assignment in the CTCR Division, Ministry of Home Affairs, the Joint Secretary (CTCR), Ministry of Home Affairs [Telephone Number 01123093124, email address: [email protected], is designated as Central Nodal Officer in place of the Additional Secretary (CTCR) for the purpose of implementation of Section 51A of the Unlawful Activities (Prevention) Act, 1967. Therefore, this Ministry’s Order of even number, dated 02.02.2021, on the ‘Procedure for implementation of Section 51A of the UAPA’ be considered modified to that extent.
2. This issues with the approval of the Competent Authority.
(Dharmender Kumar)
Deputy Secretary to the Govt. of India
Tele/Fax: 23092457
To
1. Governor, Reserve Bank of India, Mumbai
2. Chairman, Securities & Exchange Board of India, Mumbai
3. Chairman, Insurance Regulatory and Development Authority, Hyderabad
4. Foreign Secretary, Ministry of External Affairs, New Delhi
5. Finance Secretary, Ministry of Finance, New Delhi
6. Revenue Secretary, Department of Revenue, Ministry of Finance, New Delhi
7. Secretary, Ministry of Corporate Affairs, New Delhi
8. Chairman, Central Board of Indirect Taxes and Customs, New Delhi
9. Director, Intelligence Bureau, New Delhi
10. Additional Secretary, Department of Financial Services, Ministry of Finance, New Delhi.
11. Chief Secretaries of all States/ Union Territories
12. Principal Secretary/ Secretary (Home) of all States/ Union Territories
13. Directors General of Police of all States & Union Territories
14. Director General of Police, National Investigation Agency, New Delhi
15. Commissioner of Police, Delhi
16. Joint Secretary (Foreigners), Ministry of Home Affairs, New Delhi
17. Joint Secretary (Capital Markets), Department of Economic Affairs, Ministry of Finance, New Delhi
18. Joint Secretary (Revenue), Department of Revenue, Ministry of Finance, New Delhi
19. Director (FIU-IND), New Delhi
Copy for information to:
1. Sr. PPS to HS
2. PS to SS (IS)
3. Sr. PPS to AS (CTCR)
4. Sr. PPS to JS CTCR)