Anti-Money Laundering Council (AMLC) Resolution No. 64 dated 10 July 2007

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SUPERVISION AND EXAMINATION SECTOR QFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER NO. CL- 2007 - - 040

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

Subject Anti-Money Laundering Council (AMLC) Resolution No. 64 dated 10 July 2007

Committee approved the inclusion in the consolidated list of entities and individuals associated with the Al-Qaida, the Taliban or Usama bin Ladin subject to UN Security Councif-mandated sanction the names of Najmuddin 10 July 2007, you are hereby informed that the UN 1267 Sanctions Farai Ahmad a.k.a. Mullah Krekar; Mohamed Moumou and Mohammed Al Ghabra for their continued support to terrorist entities. Pursuant to Anti-Money Laundering Council Resolution No. 64 dated

interests in property owned or controlled directly or indirectly by said individuals. carefully any funds, financial assets or economic resources, including property Under the same resolution, you are hereby requested to check

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

For your guidance and strict implementation.

/NESTOR A. #SPEN!I Deputy Governo

August 200?

Att: AS

PananalaPing Matatag, BanSang Panatag A. Mabini St., Malate 1004, Manila, Philippines 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. G

Series of 2007

Executive Order 13224, the fotlowing as terrorist facilitators and inciters: On 7 December 2006, the United States designated domesticaily under its

1. Najmuddin Faraj Ahmad a.k.a. Mullah Krekar; 2. Hamid Al-Ali; 3. Jaber Al-Jalamah: 4. Mubarak Al-Bathali; and 5. Mohamed Moumou.

to UN Security Council-mandated sanctions. However, the UN Sanctions individuais associated with the Al-Qaida, the Taliban or Usama bin Laden subject the sanction list because of their continued support to terrorist entities already UN 1267 Sanctions Committee' for inclusion in its consolidated list of entities and Committee added only the names of Mullah Krekar and Mohamed Moumou to designated by the UN 1267 Sanction Committee. The U.S. Government submitted the names of the said individuais to the

its embassy in Manila, reguested the Philippines to carefully check any fundsj In a ietter dated 22 January 2007, the United States Government, through

financiai assets or economic resources, including property or interests in property owned or controlled directly or indirectly by said individuals.

the AMLC-Secretariat with a copy of the letter dated 8 February 2007 of the persons and entities associated with Usama bin Laden, the Al-Qaida network January 2007, respectively. These regulations amended Ec Regulation No. 881/20o2 imposing certain specific restrictive measures directed against certair Department of Foreign Affairs furnishing it with copies of European Commission (EC) Reguiation Nos. 1823/2006 and 14/2007 dated 12 December 2006 and 10 In a letter dated 27 February 2007, the Department of Justice furnished

covered the inclusion to the iist of the following individuals: and the Taliban, and repealing EC Regulation No. 467/2001. The amendment

1. Najmuddin Faraj Ahmad (alias (a) Mullah Krekar, (b) Fateh Najm Eddine Farraj, (c) Faraj Ahmad Najmuddin):

entities designated as being associated with Usama bin Laden, including those in the Al-Qaida organization. tasked to maintain an updated list (iater called "Consolidated List" via UN Security Council Resolution Nos 1617, and 1735), based on information provided by States and regional organizations, of individuals and Security Council Committee that was created by virtue of Resolution No. 1267 dated October 15, 1999. It is

2 3 A Mohammed Al Ghabra. Address: East London, United Mohamed Moumou (alias (a) Mohamed Mumu, (b) Abu Shrayda, (c) Abu Amina, (d) Abu Abdallah, (e) Abou Abderrahman): Ghuma Abd'rabbah (alisas (a) Ghunia Abdurabba, (b) Ghoma Abdrabba, (c) Abd'rabbah, (d) Abu Jamil, (e) Ghunia Abdrabba); and

Syria. Nationality: British. Passport No. 094629366 (United Kingdom. Date of birth: 1.6.1980. Place of birth: Damascus. Kingdom)

reports of covered or suspicious transactions, if any. Ghuma Abd'rabbah has been the subject of AMLC Resolution No. 24 dated 22 March 2006 directing the covered institutions to submit directly to the Council These persons are already included in the UN 1267 Sanction List. In fact.

Abd'rabbah, and Mohammed Al Ghabra to the list of the UN Security Councii Committee establishes their being associated with terrorists. The inciusion of Najmuddin Faraj Ahmad, Mohamed Moumou, Ghuma

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

Acting under Chapter VII of the Charter of the United Nations.

1. Decides that all States shall:

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

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

generated from property owned or controlled directly or indirectly by such 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. inciuding funds derived or persons and associated persons and entities; economic resources of persons who commit, or attempt to commit, (c) Freeze without delay funds and other financial assets or

X X x X X x x x x (Emphasis supplied)

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

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 Section 7. Creation of Anti-Money Laundering Council (AMLC).

2

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

reports from covered institutions; (Emphasis supplied) (1) to require and receive covered or_suspicious transaction

Money Laundering Act of 2001, as amended, provides: Moreover, the Revised implementing Ruies and Reguiations of the Anti-

International Organizations and Foreign States. in their own anti-money laundering operations. It is also authorized Government and/or take appropriate action in respect of (UN), the UN Security Council, and other international organizations 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 conventions, resolutions and other directives of the United Nations under Section 7 (7) of the AMLA to cooperate with the National Rule 13.7.2. Authority to Assist the United Nations and other The AMLC is

of which the Philippines is a member. (Emphasis supplied)

Suppression of the Financing of Terrorism and the United Nations Security Council Resolution (UNSCR) 1373, and the Anti-Money Laundering Act of 2001. as amended, as weil as its Revised Implementing Rules and Regulations, the Consequently, on the basis of the International Convention for the

or economic resources, inciuding property or interests in property owned or Anti-Money Laundering Council is authorized to check any funds, financiat assets controlled directly or indirectly by said individuais.

The Council resolved to:

covered or suspicious transaction, if any, involving Najmuddin Faraj Ahmad a.k.a. Mullah Krekar; Mohamed Moumou; Mohammed Al Ghabra, and 1. Direct the covered institutions to submit to the Council reports of

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

13 Jul2007, Manila, Philippines

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

eE B BARIN EVANGELINE CRISOSTOMO-ESCOBILLO

(Chairman, Securities and Exchange Commission) Member (Commissioner, Insurance Commission) Member