BSP Circular Letters BSP Circular LetterBSP Circular Letter 2004-07-27T00:00:00.000+08:00

Anti-Money Laundering Council (AMLC) Resolution No. 382 dated 28 June 2004

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SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER

TO Ail Banks and Non-Bank Financial Institutions Under BsP Supervision

dated 28 June 2004, copy attached, request your cooperation to the call of the dated 8 June 2004 addressed to BSP Governor Rafael B. Buenaventura, to freeze alt assets of the foitowing individual who is suspected of supporting and United States Government, thru the attached letter of the Us Embassy, Manila financing terrorist activities: The Anti-Money Laundering Council (AMLC), in its Resolution No. 382

HASSAN ABDULLAH HERSI AL-TURKI (a.k.a. Hassan Turki)

the AMLC reports of covered and suspicious transactions, if any, involving the above-named individual. Pursuant to said Resolution, you are hereby directed to submit directly to

For your strict compliance.

ALBERTO V.REYES Deputy Governor Att.: AS

004

PananalapinG Matatag, Bansang Panatag 3

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

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

RESOLUTION NO. 382

freeze the same should any be found. in Manila, sent a letter dated 8 June 2004 addressed to Hon. Rafael B. Buenaventura, Governor, Bangko Sentral ng Pilipinas, regarding its request to check for offices or financial assets belonging to Hassan Abdullah Hersi Al-Turki and to On 9 June 2004, the Government of the United States, through its Embassy

Ieader of the terrorist organization in Somalia called Al-Itihaad AI-Islamiya (AlAl). On 6 October 2001, the AIAi was inciuded in the UN 1267 Sanctions Committee's consolidated list because of the organization's association with Al-Qaida and its support for acts of terrorism. Hassan Abdullah Hersi Al-Turki, also known as Hassan Turki, is a faction

Luuq from 1991 to 1996, and again in the lower Jubba region (Ras Kiamboni) in headquartered in Brussels, has identified Hassan Turki as a prominent figure in AtAI An ICG paper entitled "Somalia: Countering Terrorism in a Failed State" noted that that the fact that AI-Qaida had contact with members of AlAt is "unquestionabie". It further noted that there is evidence that "Ai-Qaeda had ties with the movement in 1997, as Al-Qaeda was preparing to attack the US Embassy in Nairobi". Hassan Turki was a former military commander in lower Jubba. The paper states The International Crisis Group (ICG), an independent non-profit organization

to sanctions that UN member states are required to implement pursuant to UNsc Resolutions 1267, 1333, 1455 and most recently, 1526. engaging in activities on behalf of and in support of Af-Qaida. On even date, the Hassan Abdullah Hersi Al-Turki to the consolidated list of entities/individuals subject United States requested the UN 1267 Sanctions Committee to add the name of designated domestically and froze the assets of Hassan Abdullah Hersi Al-Turki for On 3 June 2004, pursuant to Executive Order No. 13224. the United States

delay and to prohibit their nationals or persons within their territories from financing Resolutions expressing its unequivocal condemnation of terrorism, particularly. terrorism. dated September 28, 2001 requiring member states to freeze terrorist assets without UNSC Resolution No. 1267 dated October 15, 1999 and UNSC Resolution 1373 The United: Nations Security Councit (UNSC) has adopted a series of

coalition against terrorism, the Philippines, through the Anti-Money Laundering As a charter member of the United Nations and as part of the international

Council, must actively support the actions required under the subject UNsc Resolutions.

Pursuant thereto, the Council unanimousiy resolves, as follows:

(1) To provide the Supervising Authorities, the Bangko Sentral ng Pilipinas, the Securities and Exchange Commission, and the insurance Commission, with copy of the 8 June 2004 letter from the United States;

(2) To request said Supervising Authorities to circuiarize among all subject 8 June 2004 letter from the United States; and covered institutions under their respective jurisdictions, copy of the

(3) To require said Supervising Authorities to direct the covered and other related or applicable rules, regulations, circulars and operating manuals promuigated by the Supervising Authorities. involving the afore-named individual in accordance with Sections 7 and 9 of the AMLA, Rules 5.2, 5.3, and 9.3 of the IRRs of the AMLA institutions under their respective jurisdictions to submit directly to the Councii reports of covered and suspicious transactions, if any

y June 2004. Manila, Philippines

NMM

(Governor, Bangko Sentral ng Pilipinas) RaFAeL B. BUenAVEntuRA Chairman

(Chairperson, Securities and Exchange Commission) (Officer-in-Charge, Insurance Commission) LILIA R. BAUTiSTA 1A4t Member. ANNw EDUARDOf. MALINIS Member

U9-5 2004 13:29 FAX 3384127 ECON 013

Ernbassy of the United Stales of America

Maniln, Phitippines

June 8, 2004

Mr. Rafael Buenaventura

Bangko Sentral ng Pilipinas Governor

Dear Govenior Buenaventura:

The intemational coalition to stem terrorism financing has been a joint effort invoiving many different countries, including significant efforts by the Govemment of the Republic of the

Philippines. The provisions of UN Security Council Resolution 1373 requiring member states to freeze terrorist assets without delay and to prohibit their hationals or persons in their temitories from financing terrorism roflect this shared conmitment on the part of the international community. Together, wc are putting in place the necessary institutional and regulatory infrastructure to bar access to the financial system of terrorist and their financiers.

On September 23, 2001 President George Bush issued Executive Order (E.0.) 1322.4 blocking the assets of 27 persons and entities. E. O. 13224 provides the Secretary of State the authority to designate foreign persons who have committed, to pose a significant risk of committiug, acts of terrorism that threaten the security of US Nationals or the national security foreign policy or economy of the United States. It also provides the Treasury Department with the authority, among other things, to designate persons who lend support to designated tenrorists. A desigriation by either State or Treasury Departments could result in the biocking of their assets in the U.S. or held by U.S. persons, wherever located.

On June 3, 2004, the United States designated domcstically and frozs the assets of Hassan Aldullah Hersial-Turki. The abovs-nentioned individuai has engaged in activities on behalf of and in support of Al-Qaida. Therefore, on June 3, 2004, the United States requested that the UN 1267 Sanctions Committee designate him and add his name to the Committee's consolidated list of entities/individuals subject to sanctions (including asset frecze) that UN member states are obligated to implement pursuant to relevant UNsC Rosolutions, including 1267 and most recently, 1526. We are enclosing a background paper that outlines the activities that support our designation.

As noted above, the international coalition to combat the terrorist financing has been a joint effort involving many countries. We urge you to check carefully for offices or financial assets belonging to this individual in your country, Together, we are continually strengthening the necessary instihitional ani regulatory infrastructure to bar access to the financial system of terrorists and their financiers. The Embassy of the United States of America avails itself of this

Ma U C

TERRIORIST NAMES DESIGNATED UNDER EO. 13224 LIST 5D:

NAME OF INDIVIDUAL

Hassan Abdullal Hersi AL-TURK

(a.k.a. Hassan Turki)

D.0.B: circa 1944

P.O.B: Region V, Ethiopia, which is the Ogaden Rogion in Eastern Ethiopia

FAMILY BACKGROUND: From the Ogaden clan, Reer - Abdille

Subclan.

09/08 200110: 30 FAX 3384127 ECON W (

apportunity to offer the Central Bank of the Philippines the assurances of its highest

consideration.

Dan Martinez A/Economic Counselor

CC: DFA AMLC POL. - Dan Ricci DOY DO

09 -10 2004 13:30 FAX 3381127 EC N L D

Desionation of Hassan Abdullab Hersi Al-Turki Under Executive Order 13224

Hassan Abdullah Hersi Al-Turki, also known as Hassan Turki, is a faction leader of the terrorist organization in Somalia called Al-Itihaad Al-Islamiya (AlAl), which was included on the UN 1267 Sanctions Comminee's consolidated list on 6 October 2001 because of the organization's association with Al-Qaida. According to information available to the U.s. Governnent, including but not Jimited to publicly avatlable information, Hassan Turki has becu associated with Al-Qaida and has provided support for acts of terrorism.

The International Crisis Group (ICG), an independent non-profit organization headquartered in Bnissels, with staff on five continents, has identified Hassan Turki as a prominent figure in AIAI. An ICG paper entitled "Somalia: Countering Terrorism in a Failed State" (gublished May 23, 2002, and available on the Intemet at www.crisisweb.org) noted that that Al-Qaida had contact with members of AlAI is "unquestionable," and notes that there is Hassan Turki was a former military' commander in lower Jubba. The paper states that the fact

$ome evidence that "Al-Qaeda had ties with the movement in Luuq from 1991 to 1996, and again in the lower Jubba region (Ras Kjamboni) in 1997, as Al-Qaeda was preparing to attack the U.s. Embassy in Nairobi."

(intemct version) of Corriere della Sera ran an article entitled "Italian Report Describes Al. Somali fundarnentalist faction, Al Ittiliad. Turki organized a training camp in Ras Khamboni and then disappeared without trace. He has been reported as being in Dubai, in Yemen, and then Qa'ida Activities in Sonialia." That article states thzt "Al-Qa'ida's real man in Somalia is Hassan Turki." An article in the November 29, 2002, edition (internet version) of the saine journal ertitled "Source Reports 'Suspicious' Group From Somalia Set Up Tenror'Structure' in Kenya." reported that rwenty individuals traveied from Somalia to Kenya to set up a structure to carry out again in Sonalia." attacks. The report stated that "The group is linked to Hassan Turki, a leading member of a Press reports have conveyed similar information. The November 27, 2003, edition

repeated irrvolveinent in planning and supporting acts of terrorism, and reports of his international travel, warrants the inclusion of this individual on the United Nations 1 267 Sanctions Committee's Consolidated list. Infonnation about Hassan Abdullah Hersi Al-Turki's association with Al-Qaida, his

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