Anti-Money Laundering Council (AMLC) Resolution No. 18 dated 18 March 2009

SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER NO. CL-2009 -025

To All Banks and Non-Bank Financial Institutions Under BSP Supervision

Subject Anti-Money Laundering Council (AMLC} Resolution No. 18 dated 18 March 2009

the Charter of the United Nations. 18 March 2009 (copy attached), you are hereby informed that on 04 February Mohamed Boyasseer to its Consolidated. List of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 2009, the United Nations Security Council Ai Qaida and Taiiban Sanctions Committee approved the addition of the name of ibrahim Abdui Salam 1 of Security Council Resolution 1822 (2008) adopted under Chapter VIt of Pursuant to Anti-Money Laundering Councit Resolution No. 18 dated

invoiving ibrahim Abdui Saiam Mohamed Boyasseer. submit to the Council, reports of covered or suspicious transactions, if any Under the same resolution, all covered institutions are directed to

of 2001, as amended, and Rule 13.7.2 of the Revised implementing Rules and Regulations, you are hereby directed to submit directly to AMLC reports of covered and suspicious transactions, if any, involving the above named individual. In accordance with Section 7 of the Anti-Money Laundering Act (AMLA)

For your guidance and strict implementation.

1La.Wr&erex B AR MA. DOLORES B. YUVIENCO Sector-In-Chatge

2 March 2009

Att: A/S

PananaLapIng Matatag, BanSang Panatag

A. Mabini St., Malate 1004, Manila, Phitippines Trunkline (632) 524-70-11 URL:www.bsp.gov.ph e-mait: [email protected]

Anti-Money Laundering

Bangko Sentral ng Pilipinas Complex Manila, Philippines Council

RESoLUtiOn no. 18

Series of 2009

reported to the Council that: In its Memorandum dated 11 March 2009, the AMLC Secretariat (AMLCS)

freeze, travel ban and arms embargo set out in paragraph 11 of of the Charter of the United Nations. Details of the individual IBRAHIM ABDUL SALAM MOHAMED BOYASSEER tO itS Consolidated List of individuals and entities subject to the asset Security Council Resolution 1822 (2008) adopted under Chapter VII included in the list are as follows: Qaida and Taliban Sanctions Committee approved the addition of On 4 February 2009, the United Nations Security Council A!

Name A.k.a. DOB POB Banghazi, Libyan Arab Jamahiriya; IBRAHIM ABDUL SALAM MOHAMED Abu Al-Banaan; BOYASSEER; 1961:

created pursuant to resolutions 1267 (1999) and 1333 (2000) (the "Consolidated List"): resolution 1267 (1999), paragraph 8(c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002), with respect to Al-Qaida, Usama bin Laden and the Taliban, and other individuals, groups, undertakings, and entities associated with them, as referred to in the list 11. Decides that all States shall take the measures as previously imposed by paragraph 4(b) of

these individuals, groups, undertakings and entities, including funds derived from property owned made available, directly or indirectly for such persons' benefit, or by their nationais or by persons within their territory; or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction. and ensure that neither these nor any other funds, financial assets or economic resources are (a) Freeze without delay the funds and other financial assets or economic resources of

necessary for the fulfillment of a judicial process or the Committee determines on a case-by-case 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 (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 ammunition, military vehicles and equipment paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities. basis only that entry or transit is justified; using their flag vessels or aircraft, of arms and related materiel of all types including weapons and (b) Prevent the entry into or transit through their territories of these individuals, provided

Address information Listed on Other 4 Feb. 2009; Ireland: A close associate of Usama Muhammed Awad Bin Laden (listed under permanent Al-Jihad/Egyptian (QE.A.3.01.), through funding and media relations. reference number Ql.B.8.01.). Involved in supporting A! Qa'ida and A! Qa'ida associated groups, including the Libyan Isiamic Fighting Group (QE.L.11.01.) and Islamic Movement

BOYASSEER in the list of the UN Security Council validates his being associated with terrorists. The inclusion of IBRAHIM ABDUL SALAM MOHAMED

United Nations Security Council Resolution (UNSCR) 1373 adopted by the Security Council at its 4385th meeting on 28 September 2001 provides:

Nations, "Acting under Chapter VIl of the Charter of the United

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, directly 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 carry out terrorist acts;

(c) Freeze without delay funds and other financial assets

attempt to commit, terrorist acts or participate in or owned or controlled directly or indirectly by such persons; facilitate the commission of terrorist acts; of entities and of persons and entities acting on behalf of, or at the or economic resources of persons who commit, or

persons and entities; direction of such persons and entities, including funds derived or generated from property owned or controlled directly or indirectly by such persons and associated

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assets or economic resources or financial or other related (d) Prohibit their nationals or any persons and entities within their territories from making any funds, financial services available, directly or indirectly, for the benefit of

owned or controlled, directly or indirectly, by such persons who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, of entities 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:

of the Insurance Commission and the Chairman of the AMLC shall act unanimously in the discharge of its functions as defined hereunder: created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman, the Commissioner (AMLC) -- The Anti-Money Laundering Council is hereby Securities and Exchange Commission as members. The "SEC. 7. Creation of Anti-Money Laundering Council

{emphasis supplied) transaction (1) to require and receive covered or suspicious reports from covered institutions;

of the Anti-Money Laundering Act of 2001, as amended, provide: Moreover, the Revised Implementing Rules and Regulations

national interest of the Philippines." (emphasis supplied) the AMLA to receive and take action in respect of any money laundering operations. It is also authorized under international organizations of which the Philippines is a member. However, the AMLC may refuse to comply with the action sought therein contravenes the provision of the other International Organizations and Foreign States. -- The request of foreign states for assistance in their own anti- Government and/or take appropriate action in respect of conventions, resolutions and other directives of the any such request, convention, resolution or directive where Constitution or the execution thereof is likely to prejudice the AMLC is authorized under Section 7 (8) and 13 (b) and (d) of Section 7 (7) of the AMLA to cooperate with the National United Nations (UN), the UN Security Council, and other "Rule 13.7.2. Authority to Assist the United Nations and

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coalition against terrorism, the Philippines, through the Anti-Money Laundering Council, must actively support the actions required under the subject UNSc As a charter member of the United Nations and as part of the international

Resolutions.

The Council resolved to:

involving IBRAHIM ABDUL SALAM MOHAMED BOYASSEER; and Laundering Council reports of covered or suspicious transactions, if any ((1) Direct all covered institutions to submit to the Anti-Money

Resolution to all covered institutions under their respective jurisdictions. 2} Request the Supervising Authorities to disseminate copies of this

18 March 2009, Manila, Philippines.

(Governor, Bangko Sentral ng Pilipinas) Amando m. tetangco, Jr. Chairmar

(Chairman, Securities and Exchange Commission) Pe B. Barin Member (Commissioner, Insurance Commission) EDUARDO T. MALINIS Member