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

Anti-Money Laundering Council (AMLC) Resolution No. 384 dated 29 June 2004

ko Sentral P ihina.

SUPERVISION AND EXAMINATION SECTOR OFFICE OF tHE DEPUTY GOVERNOR

CIrCULAr LETter

To All Banks and Non-Bank Financial institutions

Under BsP Supervision

dated 29 June 2004, copy attached, request your cooperation to the call of the United States Government, thru the attached letter of the Us Embassy, Manila The Anti-Money Laundering Council (AMLC), in its Resolution No. 384

freeze all assets of the following individual and entities which are suspected of supporting and financing terrorist activities: dated 7 June 2004 addressed to BsP Governor Rafael B. Buenaventura, to

3 1 2 4 5 6 Al-Haramain, Albania Al-Haramain, Ethiopia Al-Haramain, Afghanistan Al-Haramain, The Netherlands Aqeel Abdulaziz Al-Aqi Al-Haramain, Bangladesh

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

For your strict compliance

ALBERTO V/REyES Deputy G6vernor

Att.: A/S

2004

PananaLaPinG MAtataG, BAnSang PAnatAG

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

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

RESOLUTION NO. 384

the world. Funding"generalty comes form grants from other countries. individual muslim benefactors, and special campaigns, which selectively target Muslim-owned business entities around the worid as sources for represents itself as a private, charitable, and educational organization donations. dedicated to promoting Isiamic teaching throughout the worid. It is one of the princinal Islamic non-governmental organizations (NGO's) active throughout The Saudi Arabia-based Ai-Haramain islamic Foundation (AHF)

Haramain field offices and representatives operating throughout Africa, Asia network and other terrorist organizations designated by the United States is a suspected AI-Qaida supporter. As Al-Haramain's founder and feader, Al Aqil controifed Al-Haramain and was responsible for all Af-Haramain activities, including its support for terrorism. Under Al-Aqit's ieadership, numerous Al- Ittihad Al-Islamiya (AIAl), Lashkar E-Taibah, and Hamas - - all of which are designated terrorist organizations and all of which have received funds from AHF, its branches, or local intermediaries. and Europe have provided financial and logistical support to the Af-Qaida and, in some cases, included in the UN 1267 Committee's consolidated list of individuals/entities subject to UN Security Council Sanctions. Some of these organizations include the Egyptian Islamic Jihad (ElJ), Jemaah islamiyah, Al- Aqeel Abdulaziz Al-Aqit, a founder and long-time ieader of At-Haramain

on behalf of and in support of Al-Qaida. On even date, United States to implement pursuant to UNSC Resoiutions i267, 1333, 1455 and most Afghanistan, Albania, Bangladesh, Ethiopia, the Netherlands, and of Al Haramain's former leader Aqeel Abdul Aziz At Aqil, for engaging in activities requested the UN 1267 Sanctions Committee to add the names of the entities/individuals subject to sanctions that UN-member states are required George Bush, on 2 June 2004, designated domestically and froze the assets aforesaid branch offices and former leader to the consolidated list of recently, 1526. of five branch offices of the Al-Haramain Islamic Foundation located in Pursuant to his authority under US Executive Order 13224, President

Abdui Aziz Al Aqil, and to freeze the same shouid any be found. B. Buenaventura, Governor, Bangko Sentral ng Pilipinas, requesting the Haramain islamic Foundation and the Foundation's former ieader. Aqeei Embassy in Maniia, sent a letter dated 7 June 2004 addressed to Hon. Rafael Philippines to check for offices or financial assets belonging to the At On 9 June 2004, the Government of the United States, through its

individual have provided financiat, materiat and/or technological support to the Al-Qaida network and other designated terrorist organizations. information availabie to the Us indicates that these entities and

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

international 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

Pursuant thereto, the Council unanimously resolves, as follows:

(1) To provide the Supervising Authorities, the Bangko Sentral Ietter from the United States; ng Pilipinas, the Securities and Exchange Commission, and the Insurance Commission, with a copy of the 7 June 2004

(2) To request said Supervising Authorities to circularize among all covered institutions under their respective jurisdictions. copy of the subject 7 June 2004 ietter from the United States; and

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

29... June 2004, Manila, Philippines.

XNM RaFAeL B. BueNAVentura (Govemor, Bangko Sentral ng Pilipinas) Chairman

AW QwV}n

(Chairperson, Securities and Exchange Commission) LILIA R. BAUTISTA Member (Officer-in-Charge, insurance Commission) EDUARDO T. MALINIS Member

09/08 2004 18:25 FAX 3384127 ECON W) ( 2

Embassy of the United States of Americt

Manila, Philippines June 7, 2004

Mr. Rafael Buenaventura

Bangko Sentral ng Pilipinas Governor

Dear Governor Buenaventura:

many different countries, including significant efforts by the Government of the Republic of the Philippines. The provisions of UN Security Councii Resolution 1373 requiring member states to community. Together, we are putting in place the necessary institutional and regulatory frecze terrorist assets without delay and to prohibit their nationals or persons in their territories : from financing tertorism reflect this shared commitment on the part of the international infrastructure to bar access to the financial system of terrorist and their financiers. The internatioual coalition to stem terrorism financing has been a joint effort involving

biocking the assets of 27 persons and entities. E. O. 13224 provides the Secretary of State the On September 23, 2001 President George Bush issued Executive Order (E.O.) 13224

authority to designate foreign persons who have committed, to pose a significant risk of 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 suppott to designated terrorists. committing, acts of terrorism that threaten the security of US Nationals or the national security in the U.S. or held by U.S. persons, wherever located. A designation by either State or Treasury Departments could result in the blocking of their assets

Netheriands) and of Al-Haramain's former leader, Aqeel Abdul Aziz Al Aqil. The five branches offices of the Al-Haramain Islamic Foundation (Afghanistan, Albania, Bangladeshi, Ethiopia, the On June 2, the United States designated domestically and froze the assets of five branch

offices have engaged in activities on behaif of and in support of Al Qaida, therefore. On June 2 the Urited States requested that the UN 1:267 Sanctions Committee add their names to its Consolidated list of entities/individuals subjcct to sanctions (including asset freeze) that UN member states are obligated to implernent pursuant to relevaut UNSC Resolutions, including 1267. 1333, 1455 and most recently, 1526.. The U.S. and Saudi Arabia remain committed to the ongoing search for and seizure of assets belonging to Al-Haramain branches that are linked to the 1267 Committee. We are enclosing a background paper that outlines the activities that suppott our designation terrorist financing. Saudi Arabia intends to join us in submission of the Al-Haramain branches to

belonging to thesc entities/individuals in your country. Together, we are continually effort involving many countries. We urge you to check carefully for offices or financial assets As noted above, the intermational coalition to combat terrorist financing has been a joint

D81O020U4 13: 25 FAX 3384127 ECON W 3

strengthening the necessary institutional and regulatory infrastructure to bar access to the

financial system of terrorist and their financiers. The Embassy of the United States of America

avails itself of this opportunity to.offer thc Central Bank of the Philippines the assurances of its

highest consideration. .

Sincerely,

Dan Martinez A/Economic Counselor

CC: DFA AMLC DOF DOJ POL - Dan Ricci

09:06 2004 10:25 FAX 3384127 ECUN W u

TERRIORIST NAMES DESIGNATED _UNDER E.0. 13224 (LIST 56) :

NAMR OH ENTITIES:

AL-HARAMAIN: Afghanistan bianch Afghanistan

AL-HARAMAIN: Albania Branch Irfan Tomini street, #58 Tirana, Albania

AL-HARAMAIN: Bangladesh Branch House i, Road 1, s-6

Bangladesh Uttara. Dhaka

AL-HARAMAIN: Ethiopia Branch Woreda District 24 Kebele Section i3 Addis Ababa, Ethiopia

AL-HARAMAIN: The Netherlands Branch a.k.a. Stichting Al Haramain Humanitarian Aid) Jan Hanzenstraat ii4, i053sv Amsterdam, The Netherlands

NAME OF INDIVIDUAL

AL-AQIL, Aqeai Abdulaziz DOB 29 APR 1949

09/00 2004 13:20 FAX 3354127 bLUN H v

DESIGNATION_OF FIVE BRANCH OFFICES OF THE AL-HARAMAIN

ISLAMIC FOUNDATION: AFGHANISTAN, ALBANIA BANGLADESH

EHTIOPIA AND THE NETHRLANDS AND OF AL-HARAMAIN S

FORMER LEADER: AQEEL ABDUL AZIZ AL AQIL

As the latest in our actions in the war on terrorist financing, the United states is designating five branch offices

of the Al-Haramain Islamic Foundation (Al-Haramain) and the Foundation's former leader, Ageel Abdulaziz Al-Agil. It is'our

expectation that Saudi Arabia will be jointly submitting these branches to the United Nations' i267 Ai Qaida/Taliban sanctions

Committee for addition to the consolidated list of terrorists

tied to Al Qaida, Usama Bin Laden and the Taliban: These branch

operations and Ageel Abdulaziz Ai-Agil. through his control of

Ai-Haramain, have provided finanaial, materiai. and/or logistical support to the Al Qaida network and other terrorist

organizations.

On March ii, 2002, the United states and Saudi Arabia initiated joint public efforts against terrorist support networks by designating and blocking the funds of the Somalia and Bosnia-Herzegovina branches of Al-Haramain, based on

evidence that these branchea were diverting charitabie funds to

close all of its overseas branches. ciose severai branches. terroriam. In 2oo3, the Saudi government ordered Al-Haramain to But continued monitoring by the United Al-Haramain atated it did

States and Saudi Arabia has indicated that some branches, and/or

former officiais associated with these branches, were either

continuing to operate or had other plans to avoid these

measures. Actions hy the Bosnia-Kerzegovina branch, adaed to

the UN i2s7 Sanctions Committee's list in March 20oz, to

reconstitute itself and continue operations under the name, "Vazir," is one example. similarly, the Indonesian branch aiso sought to operate under an alias.

To counter these and other efforts to evade scrutiny and

sanctions, on December.22, 2003, the United States and Saudi Arabia announced the designation of Vazir as an alias for the

09.U0 Z0U1 10:20 EA1 3384127 ECUN L} OU

Al-Haramain branch in Bo*ria-Herzegovina. On January 22, 2004, the U.s. and saudi Arabia announced the designation of Al- Haramain branches in Indonesia, Kenya, Tanzania, and Pakistan. The Saudi Arabian government made it clear to host Countries that these branch offices should not be considered Saudi entities and #hould be treated appropriately under iocal law and under applicable UN Security Council resolutions.

former Al-Harmain leader is the result of ongoing inveatigations Our intent to designate five additional branches and the

to ensure that Al-Haramain's organizational structure cannot be used to support terroriam.

located in: Glassified material. the United States is designating Ageel Abdulaziz Al-Agil and the branches/operations of Al-Haramain Based upon the following information and adaitional

2) Albania i) Afghanistan 5) F) A} The Netherlands. Ethiopia Bangladesh

branches iocated in Afghanistan, Albania and Ethiopia may have been cloaed down largeiy through the efforts of the host governments and/or Saudi Arabia. At the same time, however there is a need to monitor and ensure that any remaining assets of the closed branches are not diverted, but frozen and prevented from being used to support terrorism. To that end. and under asset-freezirg measures called for by UNscRs 1267/i390/1526 (the Al Qaida/Taliban sanctions) and UNSCR 1373 these countries are being asked to locate and freeze any assets beionging to an entity or individual opsrating under the authority or auspices of the Al-Haramain Islamic Foundation based in Riyadh, Saudi Arabia. We are aware that formal operations of Al-Haramain in

position to control or influence Al-Haramain. Al-Agil, and the Al-Haramain branches noted abovs have provided financial, material and/or technological support to Usama sin Laden's (UBL's) Al Qaida network and other designated terrorist organizations. indicater that the former ieader of Al-Haramain, Aqeel Abdulaziz Information in the possession of the U.s. government Some reports indicate that Al-Acil ie still in a

09:00.2004 13:27 FAX 3384127 ECUN A (ti:

This individual and these entities are subject to designation under U.s. Executive Order i32z4 pursuant to section

i(d)(i) and (d) (ii) hased on a determination that:

They assist in, sponsor or provide financial, material, or technological support for, or financial or other services to or in support of, such acts of terrorism or those persons iisted in the Annex to E.0. 13224: and

They are otherwise associated with persons listed as subject to E.0. 13224. to uBL, Al Qaida, and/or the Taliban, this individual and these Because theae targets provided support

branches alsc meet the standard for inciusion in the United Nations' i2s7 Sancticns Committee's consolidated list. Inclusion in the i267 Sanctions Committee's list triggers international obligations on all member countries, reguiring them to freeze the assets of thest offices -- which have bean used to provide material, financial, or technological support for designated terrorists - and prevent funds being made avaiiable to them, in effect forcing the offices to cease operations. Pubiicly identifying these supporters of terrorism is a critical part of the international campaign to counter terroriam. Additionally, other organizations and individuals are put: on notice that they are prohibited from doing business with thett .

Ageel Abdulaziz Al-Aqii s.Control.ot Al-Haramain

Aqeel Abdulaziz Al-Aqil. a founder and iong-time leader of Al-Haramain is a suspected Al Qaida supporter. Al-Aqil has been identified as Al-Haramain's Chairman, Director General. and President in a variety of sources and reports. As Al-Haramain's founder and leader, Al-Aqil contrelled Al-Haramain and was responsible for all Al-Haramain activities, including its support for terrorism.

Info ratio from arch 2o4 indicated Al-Agil was reportedly no longer leading Al-Haramain activitier, some reports' however, indicate Al-Aqii could still be in a position to exercise control or infiuence over Al-Haramain.

When viewed as a single entity, Al-Haramain falls into the category of one ot the principal Isiamic NGo's active throughout the worid providing support for the Al Qaida network and promoting militant "Islamic doctrine woridwide.

09-06 2004 10:27 FAX 3384127 EC ON O

Under Al Agil's leadership of Al-Haramain, numerous Al.

Haramain field offices and representatives operating throughout

Africa, Asia, Europe, and North America appeared to be providing

finangial and material support to the Al Qaida network.

Terrorist organizations designated by the U.s. and/or the 3267

Committee, including Jemaah Islamiyah, Al-Ittihad Al-Islamiya,

Egyptian Islamic Jihad, HAMAs, and Lashkar E-Tayyiba, received

funding from Al-Haramain and used Al-Haramain as a front for

fundraising and operational activities.

Under Al-Aqil's leadership, Al-Haramain implemented its

tasks through its offices and representatives spread through

more than so countries around the worid. Al-Haramain maintained

nine generai committees and several other "active comnittees"

that included the Continuous Charity Committee, African

Committee, Asian Committee, Da'wah and Sponsorship Committee,

Masjid Committee, Seasonal Projects Committee, Doctor's

Committee, European Committee, Internet and the American

Committee, the Domestic Committee, Zakaat Committee, and the

Worldwide Revenue Promotion Committee.

Al-Aqil had control over the activities of Al-Haramain

branches supporting terrorism. For exampie, after the branch

office in Eosnia was designated in 2002, it immediately began

efforts to avoid these aanctions. Information regarding this office is provided as a reminder of the axtent to which Al- Haramain was corrupted. Despite the joint efforts of the United

States and Saudi Arabia to designate the Al Qaida affiiiated Al-

Haramain Bosnia branch office, and the Bosnian government's

efforts to close the office in June 2002, all Al-Haramain

employees were ordered to avoid cooperating with Bosnian and

other authorities. fn 20os, Al-Haramain headcuarters in Saudi

Arabia provided instructions to Ai-Haramain in Bosnia for the

disposition of Al-Haramain assets. These instructions provided

for actions contravening local and international counter terrorism laws and regulations. Al-Agil was openly defiant.

reportediy teiling Saudi news media that Al-Haramain's work in

Bosnia would continue.

Information available to the U.s. indicates that branches

of Al-Haramain"have had a long history of supporting the Al Qaida network. This information includes the following:

Afghanistan

Al-Haramain has a long history of supporting Al Qaida in

Afghanietan. In Afghanistan, Al-Haramain supported the cause of

19/08 2004 10:28 FAX 3384127 EC ON Cj U

Jihad and was linked to the UBL-financed Makhtab al-Khidemati (MK), a pre-cursor organization of Al Qaida. MK has been designated both by the U.s. Government and hy the UN i267 Sanctions Committee. activities inciuded involvement with a group of persons trained Following the 9-ll terroriat attacks,

to attack foreigners in Afghanistan. This activity occurred in zoo2. A journalist suspected of mseting with Al Qarda and Taliban members in Afghanistan was reportedly transferring funds on behalf of the Al Qaida-affiliated Al-Haramain, and forwarding videotapes from Al Qaida ieaders to an Arabic ianguage I network for broadcast.

Albania

The U.s. has information that indicates UBL may have finsnced the @stablishment of the Al-Haramain office in Albania, which has been ueed as cover for terrorist activity in Albania and in Europe. In late zooo, a close associate of a UBL operative moved to Albania and was running an unnamed Al- Haramain subsidiary. In i998, tha head of Egyptian Islamicj Jihad in Albania was reportediy also a financial official for Al-Haramain in Albania." This individual. Ahmed Ibrahim Al- Nagar, was reportadly extradited from Albania to Egypt in 199s. At his crial in Egypt, Al-Nagar reportedly voiced his' support for UBl. and Al Qaida's August is9s terrorist 'attacks against the U.s. Embassias in Kenya and Tanzania.

In January zoo2, Salih Tivari. a senior official of the moderate Albanian Muslim community, was murdered.: Ermir Gjinishi, who had been supported by Al-Haramain, was detained in connection with the murder, but no charges were filed; Albanian authorities later released him. Just prior to being murdered, Tivari informed the Al-Haramain- afiiliated Gjinishi that he intended to rsduce "foreign Islamic influence" in the Albanian Muslim community.

Pricr to his murder, Tivari controlied finances, personnel decisions. and donations within the Albanian Muslim community. This provided him significant power, enabling him to survive several attempts by extremists trained overseas to replace him Or usurp his power.

Haramain in Albania was to send all proceeds from the"sale of virtually all funding to the Albanian Muslim community. Al- As of late 2002. Al-Haramairi was reportedly withdrawing

As of late zoo3, Al-Haramain was paying for, through a HAMAs some property to the Al-Haramain headquarters in Saudi Arabia.

09/08 2004 16:28 FAX 3381127 ECON ( (

member with close ties to Al-Haramain in Albania. security

Dersonnel to guard the Al-Haramain buildins in Aibania, which

had been shut down earlier in 20o3.

Bangladssh

Information available to the u.s. shows that a senior Al-

Haramain official deployed a Bangiadeshi national to conduct

surveillance on U.s."sonsulates in India for potantial terroriet

attacks. Ths Bangladeshi national was arreated in early i999 in

India, reportedly carrying four pounds of explosives and five

detonators. The terrorist suspect told poiice that he intended

to attack u.s. dipiomatic missions in India. The suspect

reportedly confessed to training in Al Qaida terrorist camps in

Afghanistan, where he met paraonally with Usama Bin Laden in

i994.: Tha suspect first heard of plans for these attacks at the

Al-Haramair ofiice in Bangladesh.

Ethiopia

Tnformation available to the U,s. shows that Al-Haramain in

Ethiopia has provided support tc Al-Ittihad Al-Islamiya (AIAI) .

In Ethiopia, AIAI has engaged in attacks against Ethiopian

defanse forces. AIAI has been designated both by the U.s.

Government and by the UN ize7 Sanctiona Committee.

Ethiopia is one of the countries where Al-Haramain's

website states they have operations, but there does not appear

to be a tormal branch office. We ask that action be taken to

designate Ai-Haramain in Ethiopia to *nsure that individuals

cannot use the name of this organization based in Saudi Arabia,

or act under its auspices, within Ethiopia.

The Netherlends

Since 20ol. Dutch officials have confirmed that tha Al

Haramain Humanitarian Aid Foundation louated in Amsterdam is

part of the larger Al Haramain network and that Al Agil is

chairman of this foundation's board of airectors. As was stated

above, Al-Acil was the founder and leader oi Al-Haramain and was

reeponsibie"tor ali of its activities, including its support for

terrorism. this action. Al Aqil is being designated by the U.s. af part of

Identifving Information.

AL-HARAMAIN: Afghanistan branch

09/06 2004 10:29 FAX 3384127 ECON H V

Afghanistan

AL-HARAMAIN: Albania Eranch Irfan Tomini Street, #5s Tiraria, Albania

AL-HARAMAIN: Bangiadesh Branch House i, Road i. S-s Uttara, Dhaka Bangladesh

AL,-HARAMAIN: Ethiopia Hranch Woreda District 24 Kebele Section i3 Addis Ababa, Ethiopia

AL-HARAMAIN: The Netherlands Brarich (a k.a. Stichting Al Haramain Humaritarian Aid) Jan Hanzenstraat ii4, io53sv Amsterdam, The Netheriands

AL-AQIL, Aceel Abdulaziz DOB 29 APR 1949

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