Anti-Money Laundering Council (AMLC) Resolution No. 30 dated 29 April 2009

Bangko Sentral ng Pili Lihinas

SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER NO. CL-2009-040

To All Banks and Non-Bank Financiai Institutions Under

BsP Supervision

Subject Anti-Money Laundering Council (AMLC)

Resoiution No. 30 dated 29 April 2009

of ABDUL HAQ to its Consolidated List of individuals and entities subject to the 29 April 2009 (copy attached), you are hereby informed that on 15 April 2009, the assets freeze, travel ban and arms embargo set out in paragraph 1 of Security Council resolution 1822 (2008) adopted under Chapter VIl of the Charter of the Security Council Al-Qaida and Taliban Sanctions Committee approved the addition United Nations. Pursuant to Anti-Money Laundering Council Resolution No. 30 dated

the Council reports of covered or suspicious transactions, if any involving ABDUL HAQ. Under the same resolution all covered institutions are directed to submit to

covered and suspicious transaction, if any, involving the above-named individual. (AMLA) of 2001, as amended, and Rule 9.3 of the Revised Impiementing Ruies and Regulations, you are hereby directed to submit directly to the AMLC reports of In accordance with Sections 7 and 9 of the Anti-Money Laundering Act

For your guidance and strict implementation.

NeStor a ESPenIlLa, Jr Deputy Governor

2009

Att.: A/S

A. Mabini St., Malate 1004 Manila, Philippines Trunkline (632) 524-70-11 = URL: www.bsp.gov.ph * e-mail: [email protected] PANANALAPING MATATAG, BANSANG PANATAG

Anti-Money Laundering Council Bangko Sentral ng Pilipinas Complex Manila, Philippines

RESOLUTION NO Series of 2009 C

In its Memorandum dated 21 April 2009, the AMt.C Secretariat (AMLCS) reported to the Council that:

Taliban Sanctions Committee approved the addition of ABDUL HAQ to its Consolidated List of individuais and entities subject to On 15 April 2009', the Security Council Af-Qaida and

paragraph 12 of Security Council resolution 1822 (2008) adopted the assets freeze, travel ban and arms embargo set out in under Chapter Vil of the Charter of the United Nations. Details of the individual included in the list are as follows:

Name POB DOB A.k.a. Cheie County, Khuttan Area. Xinjiang 10 Oct. 1971: Uighur Autonomous Region, China. Abdul Haq. Maimaitiming Maimaiti; Abdut Heg:

with respect to A!-Qaida. Usama bio Laden and the Taliban, and other individuals. groups. undertakings. 21. Decides that all States shall take the measures as previousty inuposed by paragraph 4(b) of resoution and entities associated with them, as reterred to in rhe list created pursuant to resolutions 1267 (199s)) and 1267 (1999), paragraph 8(c) of resolution 1333 (2000). and paragraphs 1 aid 2 of resolution :390 (2002). Security Council. Sc:9636

1333 {2000) (the Conoikdated List)

individuals. groups. undertakings and entties. inctuding funds derived from property owned or controlled ncither these nor any other funds. financial assets or ecenomie resources are nade avallable. directly or indirectiy for sucn persons benefit, or bv their natiouals or oy persors within their territory: directuly or indirecty. bv them or bv persons aciing on their behalf or at their direction. and ensure that (a) Freeze withou: aelay the firds ane other tinancial assers or cconomic resourees of these

its own nationais and this paragraph shall nef apply where entry or transit is necessary for the fulftiment oft a judicial process or the Commitee derermines on a case-by-case basis only that entry o% transit is justified: nothing in this paragraph shall obiige any State to deny entry or require the departure from its territories of (b) Prevent the entry into or transit through their territories of these individuals. provided that

aircraft. of arms and retated materiet of ali types ineluding weapons and ammunition. military vehicles and entities from their territories or by their nationals octside their territories, or using their flug vessels or and eguipment parantirary ecuipiment. and spare parts fr the aforenentioned and technica: advk:e (e) Prerent the direct or indirect supply. sale. cr transfer. to these individuals. groups. Hndertakings

assistance.or treiring ralatec to mltary activiies

Abuduhake: Abdulhea Jundullah: 'Abd Abdul Saimaiti; Muhammad Ahmed Al-Haq; Memetiming Qekernan; Memetiming Maiumaitimin Aximu: Memetiming Maimaiti Memeti.

Khaliq: Maimaiti iman: Muhelisi

Nationality National id no. Listed on information Other Location (as of Apr. 2009): Pakistan. Qerman: Saifuding Chinese Chinese national identity card number 653225197110100533: Overail ieader and commander of the Eastern Turkistan Isiamic Movement 15 Apr. 2009 (listed under permanent reference

fundraising and recruitment for this numberQE.E.88.02.j. organization. invovedin

State(s), states:3 above-mentioned individual. as provided by the designating The statement of case detailing the bases for listing of the

Maimaiti, is the overall leader and commander of the added Eastern Turkistan Islamic Movement. The Security Council Al-Qaida and Taliban Sanctions Committee Consofidated List of individuals and associated with Al-Qaida or the Taliban on 11 Movement" QE.E.88.02.). September 2002 (listed as "Eastern Turkistan Islamic Eastern Turkistan Is!amic Party, also known as the "Abdul Hag, also known as Maimaitirning Eastern underpermanent reference number Turkistan islamic Party to its entities

leader. Abdui Hag raised funds, recruited terrorists and continued to deveiop the terrorist oraanization. in eariy January 2008, Abdui Haq directed Eastern Turkistan Islamic Party's military commander to As Eastern Turkistan isiamic Party overai

planned to sabotage the Olympic Games by aggressively attack all central cities in inner China. particularly focusing on the eicht cities holding the Olympic Games. Urder Abdui Hag, trained terrorists

In accordance with Section 6. paragraph (9) of the Committee' Cuidelines for the Condict of its Work.

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conducting terrorist attacks within China before the Olympics began.

the Middie East to raise funds and buy explosive Since iate 2007. Abaul Haq sent terrorists to

materiais for terrorist attacks against Chinese targets outside China. Abdul Hag became the leader of Eastern Turkistan Islamic Party following the death of the organization's previous ieader in October 2003 and has since acted. for or on behalf of the organization. As of 2005, Haq was also a member of Al-Qaida's Shura Council.

validates his being associated with terrorists The inclusion of ABDUL HAct in the list of the UN Security Council

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

"Acting under Chapter VIl of the Chartor of the United Nations.

1. Decides that ajl States shall:

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

(b) Criminalize the willful provision or collection, by any means. directy or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowiedge thai they are to be used, in order to carry out terrorist acts:

(c) Freeze without delay funds and other financial assets or economic resources of persons who conmit. or attempt to commit terrorist acts or participate ir: or facilitate the

commission of terrorist acts; of entities owned or controiled directly or indirectly by such persons; ard of persons and entities acting on behalf of. or at the direction of such persons and entities, including funds derived or cenerated from property owned cr controlled direcily 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 available, directly or indirectly, for the benefit of persons who commit or attempt to commit or facilitate or participate in the economic resources or financial or other related services

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commission of terrorist acts, of entities owned or controlled directiy or indirectiy, by such persons and of persons and entities acting on behalf of or at the direction of such Dersors.

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

be composed of the Governor of the Bangko Sentral ng Pilipinas as chairman. the Commissioner of the insurance Commission and the The Anti-Money Laundering Council is hereby created and shal "SEC. 7. Creation of Anti-Money Laundering Council (AMLC)

members. The AMLC shall act unanimousiy in the discharge of its functions as defined hereunder: Chairman of the Securities and Exchange Commission as

transaction reporis from covered institutions; (enphasis supplied (1) to require and receive coversd or suspicious

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

for assistance in their own anti-money laundering operations. It is therein contravenes the provisior of the Constitution or the is authorized under Section 7 (8) and 13 (b) and (d) of the AMLA to receive and take action in rospect of any request of foreign states also authorized under Soction 7 {7} of the AMLA to cooperate with the National Government and/or take aopropriate action in United Nations {uN}, the UN Security council. and other internationai prganizations of which the Philippines is a reauest. oonventior:. resolutior or directive where the action sought execution thereof is likely to prejudice the national interest of the Philippines. (emphasis supplied) member. Hovever, the AMLc may refuse to comply with any such other International Organizations and Foreign States. - The AMLc respect of convontions resoiutins ard other diroctives of the "Rule 13.7.2. Authority to Assist the United Nations and

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

The Courcil resoived to:

Laundering Counci! reports of covered or suspicious transactions: if any. (1) Direct ali covered institutions to submit to the Anti-Money

involving ABDUL HAQ: and

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

2 April 2009, Manila. Philippines

Amando m. tetangco, Jr

{Governer, Bangko Sentral ng Pilipinas} Chairman

(Chairman, Securities and Ex.change Commissicn} T a FE B. BARIN Member {Commissioner, (nsurance Commission} EDuArdO t. MalIniS Member