Anti-Money Laundering Council (AMLC) Resolution No. 65 dated 20 August 2008

Bangko Sentral ng Pilipinas

OFFICE OF THE DEPUTY GOVERNOR SUPERVISION AND EXAMINATION SECTOR

CIRCULAR LETTER NO. CL-2008- 058

To Afi Banks and Non-Bank Financial institutions

Under BSP Supervision

Subject. Anti-Money Laundering Council (AMLC) Resolution No. 65 dated 20 Auqust 2008

informed that on 03 July 2008, the United Nations Security Council (UNSC) 1267 dated 20 August 2008 (copy attached), all covered institutions are hereby Pursuant to Anti-Money Laundering Council (AMLC) Resolution No. 65

Committee approved the inclusion of YAHIA DJOUADI, ABID HAMMADOU SALAH GASM! and AHMED DEGHDEGH in the UNSC Consolidated List of individuals and entities associated with Usama Bin Laden, the Taliban, Al Qaida and subject to the assets freeze, travel ban and arms embargo set out in paragraph 1 of Security Council Resolution 1822 (2008) adopted under Chapter Vll of the Charter of the United Nations.

otherwise known as the Anti-Money Laundering Act (AMLA) of 2001, and Rule In accordance with Section 7(1) of R. A. No. 9160, as amended,

suspicious transactions, if any, involving the above-named persons. 13.7.2 of the Revised Implementing Rules and Reguiations of said law, ai covered institutions are,directed to submit to the AMLc reports of covered or

For your guidance and strict compliance

Q INESTOR A. ESPENILKA JR

Deputy Governor

September 2008

Att: AS

PananaLaping MAtatag, Bansang Panatag

A. Mabini St.. Ma{ate 1004, Manila. Philippines Trunkline (632).524-70-11 URL:.bsp.goy.ph e-mail: [email protected]

Anti-Money Laundering Council

Bangko Sentral ng Pilipinas Complex Manila, Philippines

RESOLUTION NO.

Series of 2008

On 3 July 2008, the United Nations Security Council (UNSC) 1267 Committee approved the inclusion of YAHIA DJOUADI, ABID HAMMADOU, SALAH GASMI and AHMED DEGHDEGH in the list (UNSC Consolidated List) Qaida, and subject to the assets freeze, travei ban and arms embargo set out in of individuais and entities associated with Usama Bin Laden, the Taliban, Al

paragraph 1' of Security Councii Resolution 1822 (2008) adopted under Chapter Vil of the Charter of the United Nations. Details of the individuals included in the list are as follows:

L A Name DOB POB A.K.A. : YAHIA DJOUADI : 1 Jan. 1967 : M'Hamid, Wilaya (province) of Sidi Bel Abbes : Yahia Abou Ammar; Abou Ala; Aigeria

Nationality : Algerian: Listed on : 3 July 2008.

Other information: Belongs to the leadership of the Organization of Al Qaida in the isiamic Maghreb (listed under permanent reference number

with respect to Af-Qaida. Usama bin Laden and the Tatiban. and other individuals. groups. undertakings and cu:ities associated with them, as referred to in the list created pursuant to resofutions 1267 (1999) and 1267 (1999). paragraph 8(c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002). L333 (2000} (the "Conso}idated Iist"): 1. Decides that atl States shall take the measures as previousty inposed by paragraph 4(b) of resolution

indisiduats. groups. undertakings and entities. including funds derived from property owned or controlled directly or indirectly. by them or by persons acting on their behalf or at their direction. and ensure that indirectly for such persons' benefit, or by their nationals or by persons within their territory:t ncithcr these nor any other funds, financial assets or ecoromic resources are made available. directiy or (a) Freere without delay the funds and other financial asscts or economic resources of thes

nothing in this paragraph shall oblige any State to deny entry or regutre the departure from Hs territories o! (b) Prevent the entry into or transit through their territories of these individuals. provided tha

entites from thetr territories or by their nationals outside their territories. or using their flag vessets or a judicial process or the Committec determines on a case-by-ease basis only that entry or transi is justified (c) Prevent the direct or indirect supply, sale. or transfer, to these individuals. groups. undertakings and aireraft. of arms and related materiel of all types including weapons and ammunition. military vehicles and exuipment paramtfitary equipment. and spare parts for thc aforementioned and technical advice, assistance. s own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfitment of

o training related to military activiies.

QE.T.14.01.). Located in Northern Mali as of Jun. 2008. Mother's name: Zohra Fares. Father's name: Mohamed.

2 Name : ABId HAMMAdOU

Nationatity DOB POB A.K.A. Listed on : 12 Dec. 1965 : Abdelhamid Abou Zeid; Youcef Adel; Abou : Aigerian : 3 July 2008 : Touggourt, Wilaya (province) of Ouargla, Algeria Abdeliah

Other information: Associated with the Organization of A!-Qaida in the Islamic Maghreb (listed under permanent reference number QE.T.14.01.) Located in Northern Mali as of Jun. 2o08. Mother's name: Fatma Hammadou. Father's name: Benabes.

3 Name DOB POB A.K.A Listed on Nationality : Abou Mohamed Salah; Bounouadher : SALAH GASMi : 3 July 2008 : 13 Apr. 1971 : Zeribet El Oued, Wilaya (province) of Biskra. : Algerian Algeria

QE.T.14.01.). More particularly involved in the propaganda activities of the Qaida in the Islamic Maghreb (listed under permanent reference number organizatior. Located in Northern Mali as of Jun 2008. Mother's name: Yamina Soitane. Father's name: Abdelaziz. Other information: Belongs to the leadership of the Organization of A!-

4 Nationality Name POB A.K.A. Listed on DOB : Algerian: : AHMED DEGHDEGH : 17 Jan. 1967 : Anser, Wilaya (province) of Jijel, Algeria : : Abd El Illah; : 3 July 2008.

Other information: Belongs to the leadership of the Organization of Al- organization. Mother's name: Zakia Chebira. Father's name: Lakhdar." Qaida in the Isiamic Maghreb (listed under permanent reference number QE.T.14.01.). More particularly involved in the finances of the

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

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

1. Decides that all States shalt:

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

(b) Criminalize the wiliful 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 deiay 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

entities acting on behalf of, or at the direction of such directiy or indirectly by such persons; and of persons and

from property owned or controlled directly or indirectly by such persons and associated persons and entities: persons and entities, including funds derived or generated

(d) Prohibit their nationals or any persons and entities within their territories from making any funds, financial assets or directly or indirectly, by such persons and of persons and entities acting on behalf of or at the direction of such economic resources or financiai or other related services available, directly or indirectly, for the benefit of persors who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, of entities owned or controtied

persons.

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

be composed of the Governor of the Bangko Sentral ng Pilipinas as functions as defined hereunder: 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 The Anti-Money Laundering Council is hereby created and shall "SEC. 7. Creation of Anti-Money Laundering Council (AMLC)

(1) to require and receive covered or suspicious transaction reports from covered institutions;'

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

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other International Organizations and Foreign States. -- The AMLO "Rule 13.7.2. Authority to Assist the United Nations and

with the National Government and/or take appropriate action in respect of conventions, resolutions and other directives of the United Nations (UN), the UN Security Council, and other internationa! organizations of which the Philippines is a member. However, the AMLC may refuse to comply with any such request, convention, resolution or directive where the action sought execution thereof is likely to prejudice the national interest of the Philippines." is 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 in their own anti-money iaundering operations. It is therein contravenes the provision of the Constitution or the also authorized under Sections 7 (7) of the AMLA to cooperate

The Council resoived to:

involving Yahia Djouadi, Abid Hammadou, Salah Gasmi And Ahmed Laundering Counci reports of covered or suspicious transactions, Deghdegh; and (() Direct all covered institutions to submit to the Anti-Money if any

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

20 August 2008, Manila, Philippines

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

ge B. Barin EDUARDO T. MALINIS {Chairman, Socurities and Exchange Commission} Member (Commissioner. Insurance Commission) Member

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