Circular Letter - Anti-Money Laundering Council (AMLC) Resolution No. 04 dated 19 January 2011

BANoKo Setrrnal Ne PtLtptNAs OFFICE OF THE DEPUTY GOVERNOR Supervision and Examination Sector crRcutAR IETTER NO. Cr-2011-021 To All Banks and Non-Bank Financial Institutions Under BSp Supervision Subject Circular Letter - Antl-Money laundering Council (AMLC] Resolution No. 04 dated 19 Janu ary ZOtt Pursuant to Anti-Money Laundering Council Resolution No. 04 dated 19 January 2011 (copy attached), you are hereby informed that on 5 December 201O the United Na- tions Security Council Al-eaida and Taliban Sanctions {SCAQTS) Committee approved the addition of FAHD M0HAMMED AHMED AL-QLISO to its Consolidated List of lndividuals and Entities subject to the Assets Freeze, Travel Ban and Arms Embargo set out in paragraph 1 of Security Council Resolution 1904 (2009) adopted under Chapter Vll of the Charter of the United Nations. Under the same resolution, all covered institutions are likewise directed to submit to the AMLC reports on suspicious transactions, if any, involvi ng FAHD M1HAMMED AHMED AL'QUSO' including all transactions that occurred within the past five (5) years counting from date of receipt ofthe Resolution. For your guidance and strict implementation. W_\J! I{ESTOR A. EFPENtTU Deputy Governor tB naarch 2011 n/s A. L4a'iniSl., lvlalate 1004 Manila. philippine5. i632)S24_7011. www.brp.tov.ph . bspmail(arbsp.gov.ph

Anti-Money Laundering Council Bangko Sentral ng Pilipinas Complex Manila, PhiliPPines RESOLUTION NO. 04 Series of 2011 ln its Memorandum dated 4 January 2011, the AMLC Secretariat (AMLCS) reported to the Councilthat: On 6 December 2010, the United Nafions Security Council At-Qaida and Tatiban Sancflons Commiftee approved the addition of an individuat to its Consolidated List ("Consolidated List) of individuals and entities subiect fo fhe assef- freeze, travel ban and arms embargo set out in paragraph 11 of Security Council Resolution 1904 (2009) adopted under Chapter Vll of the Chafter of the tJnited Nafions. The details of the individual added in the list are as follows: C. lndividuals associated with AbQaida Name 1: FAHD 2: MOHAMMED 3: AHMED 4: AL-QUSO Name (original script) y-6il :.-i -- . .r# .. Date Of Bitth a) 12 Nov. 1974 Place Of Birth a) Aden, Yemen Good quality a.k.a. a) Fahd a/-Quso b) Fahd Mohammed Ahmen a/-Quso Low quality a.k.a. a) Abu Huthaffah b) Abu Huthaifah al' Yemeni c) AbuHUthaifah al-Adani d) Abu al-Bara e) Abu HuthaYfah al- Adani f) Fahd Mohatnmed Ahmed al' Awtaqig) Huthaifah al-Yemeni h) Abu Huthaffah al-Abu al-Bara i) Fahd Muhammad Ahmad al-Kuss Nationality Yemeni National Yemeni national identification no. identification 2043 no, Address Yemen 'l.DecidesthatallStatesshalltakethemeasuresaspreviouslyimposedbyparagraph4(b)ofResolution 1267 (Ig9g), paragraph 8 (c) of Resolution 1333 (2000), and paragraphs I and 2 of Resolution 1390 (2002), with respect to Al-Qaida, Usama bin Laden and the Taliban, and other individuals, groups, undertaking and intities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) ("the Consolidated List).

Listed on 7 Dec. 2010 Other information INTERPOL File No. 2003/25507, Control No. 4-652/6-2003. Operative of Al-Qaida in the Arabian Peninsula (QE.A.129.10.) and cell leader in Shabwa Province, Yemen. The inclusion of FAHD MOHAMMED AHMED AL-QUSO in the list of the UN Security Council validates his being associafed with the Taliban, a known tenorist organization. The United Nations Security Council Resolution (UNSCR) 1373 adopted on 28 September 2001 provides that: "The Security Council, XXX Acting under Chapter Vll of the Charter of the United Nations, 1. Decides that all States shall: (a) Prevent and suppress the financing of terrorist acts; (b) Criminalize the willful provision or collection, by any means, direcfly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that they are to be used, in order to car4r out terrOrist acts; (c) Freeze without delay funds and other financial assets or economic resources of persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and entities acting on behalf of, or at the direction of such persons and entities, including funds derived or.generated from property owned or controlled directly or indirectly by such persons and associated persons and entities; (d) Prohibit their nationals or any persons and entities within their tenitories from making any funds, financial assets or economic resources or financial or other related services available, directly or indirectly, for the benefit of persons who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, of entities owned or controlled, directly or indirectly, by such persons and of persons and entities acting on behalf of or at the direction of such persons." )

Section 7(1) of R.A. 9160, as amended, provides: 'SEC. 7. Creation of Anti-Money Laundering Council (AMLC) - The Anti-Money Laundering Council is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as members. The AMLC shall act unanimously in the discharge of its functions as defined hereunder: (1) to require and receive covered or suspicious transaction reports from covered institutions; x." Moreover, the Revised lmplementing Rules and Regulations of the Anti- Money Laundering Act of 2001, as amended, provide: "Rule 13.7.2. Authority to Assist the United Nations and other International Organizations and Foreign States. - The AMLC is authorized under Section 7 (8) and 13 (b) and (d) of the AMLA to receive and take action in respect of any request of foreign states for assistance in their own anti-money laundering operations. lt is also authorized under Section 7 (7) of the AMLA to cooperate with the National Government and/or take appropr:iate action in respect of conventions, resolutions and other directives of the United Nations (UN), the UN Security Council, and other international organizations of which the Philippines is a member. However, the AMLC may refuse to comply with any such request, convention, resolution or directive where the action sought therein contravenes the provision of the constitution or the executkrn{bereof is likely to prejudice the national interest of the Philippines." As a charter member of the United Nations and as part of the international coalition against tenorism, the Philippines, through the Anti-Money Laundering Council, muit actively support the actions required under the subject UNSC Resolutions. The Council resolved to: (1) Direct all covered institutions to submit to the Anti-Money Laundering Council reports on suspicious transactions, if any, involving FAHD MOHAMMED AHMED AL-OUSO, including all transactions that occuned within the past five (5) years counting from the date of receipt of this Resolution; (2) Authorize the AMLC Secretariat to conduct an inquiry into and/or examination of accounts, if any, of the said individual, including the related web of accounts;

(3) Authorize the AMLC Secretariat to file, through the Office of the Solicitor General (OSG), a petition to freeze the bank accounUs, including related web of accounts, and other assets, if any, of the aforementioned individual: (4) Authorize the Executive Director, or in his absence, the Officer-in' Charge of the AMLC Secretariat, to sign the Verification and Certification of the Petition, and all other pleadings, initiatory or otherwise, related to the foregoing case; and (5) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. 49 January 2011, Manila, Philippines. , /.'W AMANDg M. TETANGCO, JR. Chairman (Govemor, Bangko Sentral ng Pilipinas) #"lu# Member (Chairman, Securities and Exchange Commbsion) (Commissioner, Insurance Commission)