AMLC Resolution No. 03, s. 2009

January 14, 2009 AMLC RESOLUTION NO. 03, S. 2009 As reported by the AMLC Secretariat, on 21 October 2008, the United Nations Security Council Al Qaida and Taliban Sanctions Committee, approved the addition of MUHAMMAD SAEED; ZAKI-UR-REHMAN LAKHVI; HAJI MUHAMMAD ASHRAF and MAHMOUD MOHAMMAD AHMED BAHAZIQ to its Consolidated List of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 1 of Security Council Resolution 1822 (2008) adopted under Chapter VII of the Charter of the United Nations. Details of the individuals included in the list are as follows: HIaTDS Name : MUHAMMAD SAEED; DOB : 5 Jun. 1950; POB : Sargodha, Punjab, Pakistan; A.k.a. : Hafiz Muhammad; Hafiz Saeed; Hafiz Mohammad Sahib; Hafez Mohammad Saeed; Hafiz Mohammad Sayeed; Hafiz Mohammad Sayid; Tata Mohammad Syeed; Mohammad Sayed; Hafiz Ji; Nationality : Pakistani; National ID no. : Pakistani national identification number 3520025509842-7; Address : House No. 116E, Mohalla Johar, Lahore, Tehsil, Lahore City, Lahore District, Pakistan, (location as at May 2008); Listed on : 10 Dec. 2008; Other information : Muhammad Saeed is the leader of Lashkar-e-Tayyiba (listed under permanent reference number QE.L.118.05.). Name : ZAKI-UR-REHMAN LAKHVI; DOB : 30 Dec. 1960; POB : Okara, Pakistan; A.k.a. : Zakir Rehman Lakvi; Zaki Ur-Rehman Lakvi; Kaki Ur-Rehman; Zakir Rehman; Abu Waheed Irshad Ahmad Arshad; Chachajee; Nationality : Pakistani; National ID no. : Pakistani national identification number 611019618232-1; Address : a) Barahkoh, P.O. DO, Tehsil and District Islamabad, Pakistan, (location as at May 2008); b) Chak No. 18/IL, Rinala Khurd, Tehsil Rinala Khurd, District Okara, Pakistan, (previous location); Listed on : 10 Dec. 2008 Other information : Chief of operations of Lashkar-e-Tayyiba (listed under permanent reference number QE.L.118.05.). Name : HAJI MUHAMMAD ASHRAF; DOB : 1 Mar. 1965; A.k.a. : Haji M. Ashraf; Nationality : Pakistani; Passport no. : Pakistani passport number A-374184; Listed on : 10 Dec. 2008; Other information : Chief of finance of Lashkar-e-Tayyiba (listed under permanent reference number QE.L.118.05.). Name : MAHMOUD MOHAMMAD AHMED BAHAZIQ; DOB : 17 Aug. 1943;1943; 1944 POB : India; A.k.a. : Bahaziq Mahmoud; Abu Abd al-'Aziz; Abu Abdul Aziz; Shaykh Sahib; Nationality : Saudi Arabian; National ID no. : Saudi Arabian national identification number 4-6032-0048-1; Listed on : 10 Dec. 2008; Other information : Financier of Lashkar-e-Tayyiba (listed under permanent reference number QE.L.118.05.). Has served as the leader of Lashkar-e-Tayyiba in Saudi Arabia. On the same date, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee also approved the amendments of the Consolidated List with respect to the following entities that had been the subject of AMLC Resolution Nos. 322, 89, and 9 dated 12 January 2004, 26 November 2008, and 30 January 2006, respectively: Name : LASHKAR-E-TAYYIBA; A.k.a. : Lashkar-e-Toiba; Lashkar-i-Taiba; al Mansoorian; al Mansooreen; Army of the Pure; Army of the Righteous; Army of the Pure and Righteous; Paasban-e-Kashmir; Paasban-i-Ahle-Hadith; Pasban-e-Kashmir; Pasban-e-Ahle-Hadith; Paasban-e-Ahle-Hadis; Pashan-e-ahle Hadis; Lashkar e Tayyaba; LET; Jamaat-ud-Dawa; JUD; Jama, at al-Dawa; Jamaat ud-Daawa; Jamaat ul-Dawah; Jamaat-ul-Dawa; Jama, at-i-Dawat; Jamaiat-ud-Dawa; Jama, at-ud-Da, awah; Jama, at-ud-Da, awa; Jamaati-ud-Dawa; Listed on : 2 May 2005 (amended on 3 Nov. 2005, 10 Dec. 2008) Name : AL RASHID TRUST; A.k.a. : Al-Rasheed Trust; Al Rasheed Trust; Al-Rashid Trust; Aid Organization of the Ulema, Pakistan; Al Amin Welfare Trust; Al Amin Trust; Al Ameen Trust; Al-Ameen Trust; Al Madina Trust; Al-Madina Trust; Address : Kitas Ghar, Nazimabad 4, Dahgel-Iftah, Karachi, Pakistan; Jamia Maajid, Sulalman Park, Melgium Pura, Lahore, Pakistan; Office Dha'rbi-M'unin, Opposite Khyber Bank, Abbottabad Road, Mansehra, Pakistan; Office Dha'rbi-M'unin ZR Brothers, Katcherry Road, Chowk Yadgaar, Peshawar, Pakistan; Office Dha'rbi-M'unin, Rm No. 3, Moti Plaza, Near Liaquat Bagh, Muree Road, Rawalpindi, Pakistan; Office Dha'rbi-M'unin, Top Floor, Dr. Dawa Khan Dental Clinic Surgeon, Main Baxae, Mingora, Swat, Pakistan; Kitab Ghar, Darul Ifta Wal Irshad, Nazimabad No. 4, Karachi, Pakistan, Phone 6683301; Phone 0300-8209199; Fax 6623814; 302b-40, Good Earth Court, Opposite Pia Planitarium, Block 13a, Gulshan -I Igbal, Karachi, Pakistan; Phone 4979263; 617 Clifton Center, Block 5, 6th Floor, Clifton, Karachi, Pakistan; Phone 587-2545; 605 Landmark Plaza, 11 Chundrigar Road, Opposite Jang Building, Karachi, Pakistan; Phone 2623818-19; Jamia Masjid, Sulaiman Park, Begum Pura, Lahore, Pakistan; Phone 042-6812081 Listed on : 6 Oct. 2001 (amended on 21 Oct. 2008, 10 Dec. 2008 ) Other information : Headquarters are in Pakistan. Operations in Afghanistan: Herat Jalalabad, Kabul, Kandahar, Mazar Sherif. Also operations in Kosovo, Chechnya. Has two account numbers (No. 05501741 and No. 06500138) in Habib Bank Ltd. (Foreign Exchange Branch), Pakistan. Involved in the financing of Al-Qaida and the Taliban. Until 21 Oct. 2008, this entity appeared also as "Aid Organization of the Ulema, Pakistan" under permanent reference number QE.A.73.02., listed on 24 Apr. 2002 and amended on 25 Jul. 2006. Based on information confirming that the two entries Al Rashid Trust (QE.A.5.01.) and Aid Organization of the Ulema, Pakistan (QE.A.73.02.) refer to the same entity, the Al-Qaida and Taliban Sanctions Committee decided on 21 Oct. 2008 to consolidate the relevant information contained in both entries in the present entry. Name : AL-AKHTAR TRUST INTERNATIONAL; A.k.a. : Al Akhtar Trust; Al-Akhtar Medical Centre; Akhtarabad Medical Camp; Pakistan Relief Foundation; Pakistani Relief Foundation; Azmat-e-Pakistan Trust; Azmat Pakistan Trust; Address : ST-1/A, Gulsahn-e-Iqbal, Block 2, Karachi, 25300, Pakistan; Gulistan-e-Jauhar, Block 12, Karachi, Pakistan Listed on : 17 Aug. 2005 (amended on 10 Dec. 20008); Other information : Regional offices in Pakistan: Bahawalpur, Bawalnagar, Gilgit, Islamabad, Mirpur Khas, Tando-Jan-Muhammad. Akhtarabad Medical Camp is in Spin Boldak, Afghanistan. The inclusion of MUHAMMAD SAEED; ZAKI-UR-REHMAN LAKHVI; HAJI MUHAMMAD ASHRAF; MAHMOUD MOHAMMAD AHMED BAHAZIQ; LASHKAR-E-TAYYIBA; AL RASHID TRUST; and AL-AKHTAR TRUST INTERNATIONAL in the list of the UN Security Council validates their being associated with terrorists. United Nations Security Council Resolution (UNSCR) 1373 adopted by the Security Council at its 4385th meeting on 28 September 2001 provides: "Acting under Chapter VII of the Charter of the United Nations, 1. Decides that all States shall: TDCAHE (a) Prevent and suppress the financing of terrorist acts; (b) Criminalize the willful provision or collection, by any means, directly or indirectly, of funds by their nationals or in their territories with the intention that the funds should be used, or in the knowledge that 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 commit, or attempt to commit, 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, including funds derived or generated from property owned or controlled directly 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 economic resources or financial or other related services available, directly or indirectly, for the benefit of persons who commit or attempt to commit or facilitate or participate in 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." Section 7 (1) of R.A. 9160, as amended, provides: "SEC. 7. Creation of Anti-Money Laundering Council (AMLC). 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 Chairman of the Securities and Exchange Commission as members. The AMLC shall act unanimously in the discharge of its functions as defined hereunder: CAaSED (1) to require and receive covered or suspicious transaction reports from covered institutions; (emphasis supplied) Moreover, the Revised Implementing Rules and Regulations of the Anti-Money Laundering Act of 2001, as amended, provide: "Rule 13.7.2. Authority to Assist the United Nations and other International Organizations and Foreign States. The AMLC 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 laundering operations. It is also authorized under Section 7 (7) of the AMLA to cooperate 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 international 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 therein contravenes the provision of the Constitution or the execution thereof is likely to prejudice the national interest of the Philippines." (emphasis supplied) As a charter member of the United Nations and as part of the international coalition against terrorism, the Philippines, through the Anti-Money Laundering Council, must actively support the actions required under the subject UNSC Resolutions. The Council resolved to: (1) Direct all covered institutions to submit to the Anti-Money Laundering Council reports of covered or suspicious transactions, if any, involving MUHAMMAD SAEED; ZAKI-UR-REHMAN LAKHVI; HAJI MUHAMMAD ASHRAF; MAHMOUD MOHAMMAD AHMED BAHAZIQ; LASHKAR-E-TAYYIBA; AL RASHID TRUST; and AL-AKHTAR TRUST INTERNATIONAL; and (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. cCSDaI January 14, 2009, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) EDUARDO T. MALINIS Member (Commissioner, Insurance Commission) Footnotes 1. Decides that all States shall take the measures as previously imposed by paragraph 4 (b) of resolution 1267 (1999), paragraph 8 (c) of resolution 1333 (2000), and paragraphs 1 and 2 of resolution 1390 (2002), with respect to Al-Qaida, Usama bin Laden and the Taliban, and other individuals, groups, undertakings, and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the "Consolidated List"): ESCTIA (a) Freeze without delay the funds and other financial assets or economic resources of these individuals, 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 neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons' benefit, or by their nationals or by persons within their territory; (b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfillment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified; (c) Prevent the direct or indirect supply, sale, or transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities.