Anti-Money Laundering Council (AMLC) Resolution No. 11 dated 20 February 2008

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SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER NO. CL- 2008 - 013

TO Ali Banks and Non-Bank Financiai Institutions Under BSP Supervision

Subject Resolution No. 11 dated 20 February 2008 Anti-Money Laundering Council (AMLC)

Ali, Jaber Al-Jalamah and Mubarak Mushakhas Sanad Al-Bathali to the consolidated list of entities and individuais associated with the Ai-Qaida, the for their being associated with terrorists. February 2008, vou are hereby informed that on 16 January 2008, the 1267 UN Security Council Committee approved the addition of the names of Hamid Ai- Taliban or Usama bin Ladin subject to UN Security Courcil-mandated sanctions Pursuant to Anti-Money Laundering Council Resolution No. 11 dated 20

within five (5) working days from receipt of copy of said resolution, reports of covered or suspicious transaction, if any, invoiving Hamid Al-Ali, Jaber Al- Jaiamah and Mubarak Mushakhas Sanad Ai-Bathali or by persons acting on their behalf. Under the same resolution, all covered institutions are reguired to submit

and Regulations, you are hereby directed to submit directly to the AMLC reports of covered and suspicious transaction, if any, involving the above named (AMLA) of 2001, as amended, and Rule 9.3 of the Revised Implementing Rules individuais in accardance with Sections 7 and 9 of the Anti-Money Laundering Act

For your guidance and strict impiementation

} 00 NESTOR A. E$PENILLAO Deputy Governor

04 March 2008

Att: AIS

Pananalaping Matatag, BanSang Panatag

A. Mabini St.. Malate 1004, Manila. Phitippines @ Trunkline (632) 524-70-11 @ e-mai): [email protected]

Anti-Money Laundering Council

Bangko Sentral ng Pilipinas Complex Manila, Philippines

ReSoLution No.

Series of 2008

resources, including property or interests in property owned or controlled directly bin Laden, the Taliban and/or the A!-Qaida organization: Council (AMLC) to check carefully for funds, financial assets or economic or indirectly by the following individuals belonging to or associated with Usama America, through its Embassy in Manila, requested the Anti-Money Laundering In a ietter dated 25 January 2008, the Government of the United States of

1. HAMId AL-AlI; 2. JABER AL-JALAMAH; and 3: MUBARAK MUSHAKHAS SANAd AL-BATHALI.

Information available to the Us Government disclosed the following:

terrorism in Kuwait, iraq and eisewhere. HAMiD AL-ALi was a religious leader Kuwaiti targets in early 2005. In addition to financial support and recruiting services, HAMID AL-ALi also provided opportunities for potential recruits to financial support for Al-Qaida affiliated groups seeking to commit acts of obtain explosives training in 2004. He also used his website to provide technical advice for making explosives, chemical and biological weapons: and financier for a Kuwait-based terrorist cell that plotted to attack U.S. and 1. HAMID AL-ALI is a Kuwait-based terrorist facilitator who has provided

provided financial and logisticai support to the Al-Qaida network in Afghanistan recruitment effort to send fighters and funds to Ai-Qaida in trag. He facilitated travel for men he recruited and provide suicide bombers, anti-coalition fighters and couriers in Irag that carried the funds he collected for provision to the terrorist groups. JABER AL-JALAMAH's role with Al-Qaida includes dealing personally with Usama bin Laden. iraq and Kuwait. As early as 2004, JABER AL-JALAMAH was coordinating a 2. JABER AL-JALAMAH is a Kuwait-based terrorist facilitator who has

terrorist facilitator that serves as a fundraiser and recruited for the Al-Qaida provision to AI-Qaida operatives. As of 2006, MUBARAK MUSHAKHAS network. He has spoken at several mosgues in Kuwait to raise funds for 3. MUBARAK MUSHAKHAS SANAD AL-BATHALI is a KuWait-based

SANAD AL-BATHALI continues to facilitate travel for extremists planning to fight in Irag and Afghanistan.

the addition of the names of HAMID AL-ALi, JABER AL-JALAMAH AND On 16 January 2008, the 1267 UN Security Council Committee' approved

MUBARAK MUSHAKHAS SANAD AL-BATHALI to its Consolidated List (AI- Qaida section)

MUBARAK MUSHAKHAS SANAD AL-BATHALI in the Iist of the UN Security Council Committee validates their being associated with terrorists. The inclusion of HAMID AL-ALI, JABER AL-JALAMAH AND

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

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

1. Decides that all States shall:

(a) Prevent and suppress the financing of terrorist acts;

(b) Criminatize the wiflful provision or collection, by any means. in the knowledge that they are to be used, in order to carry out terrorist acts; directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or

(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 territories from making any funds, financial assets or economic resources or financial or other related services

available, directiy or indirectiy. for the benefit of persons whc 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

UN Security Council SC/9229 dated 17 January 2008.

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entities acting on behaif of or at the direction of such persons.

Section 7(1) of R.A. 9160, as amended, provides:

"SEC. 7. Creation of Anti-Monev Launderina Council (AMLC) The Anti-Money Laundering Council is hereby created and sha!l 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;

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

International Organizations and Foreign States. -- The AMLC is authorized under Section 7 (8) and 13 (b) and (d) of the AMLA to "Ruie 13.7.2. Authority to Assist the United Nations and other

receive and take action in respect of any request of foreign states for assistance in their own anti-money iaundering operations. It is also authorized under Section 7 (7).of the AMLA to cooperate with the National Government and/or take appropriate action in respect of conventions, resolutions and other directives of the United

organizations of which the Philippines is a member. However, the Nations (UN), the UN Security Council, and other international 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 execution thereof is likely to prejudice the national interest of the Philippines.

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

The Council resolved to require all covered institutions to submit within five (5) working days from receipt hereof, reports of covered or suspicious transaction, if any, involving HAMID AL-ALI, JABER AL-JALAMAH AND

beaif. MUBARAK MUSHAKHAS SANAD AL-BATHALI or by persons acting on their

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The Bangko Sentral ng Pilipinas, the Securities and Exchange Commission and the Insurance Commission are requested to circularize this Resolution among all covered institutions under their respective jurisdictions.

2 February 2008, Manila, Philippines.

MNM

(Governor, Bangko Sentral ngfilipinas} AMANDO M. TETANGCO, JR && } Chairman

(Chairperson, Securities and Exchange Commission) EE B. BARIN Ae c Member (Commissioner, Insurance Commission) EDUARDO T. MALINIS Member

UNSCR-hamid al.-ali

D