AMLC Resolution No. 030-10

April 21, 2010 AMLC RESOLUTION NO. 030-10 In its Memorandum dated 30 March 2010, the AMLC Secretariat (AMLCS) reported to the Council that: On 11 March 2010, the Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of: (1) AKRAM TURKI HISHAN AL-MAZIDIH; and, (2) GHAZY FEZZA HISHAN AL-MAZIDIH, to its Consolidated List of Individuals and Entities Subject to the Assets Freeze, Travel Ban and Arms Embargo set out in paragraph 1 of Security Council Resolution 1904 (2009) adopted under Chapter VII of the Charter of the United Nations. The particulars of these two (2) individuals are as follows: Individuals associated with Al-Qaida Name: 1: AKRAM 2: TURKI 3: HISHAN 4: AL-MAZIDIH Name (original script): DOB: a) 1974 b) 1975 A.k.a.: a) Akram Turki Al-Hishan; b) Abu Jarrah c) Abu Akram Address: Zabadani, Syrian Arab Republic Listed on: 11 Mar. 2010 Other information : Other possible date of birth: 1979. He is a cousin of Ghazy Fezza Hishan Al Mazidih (QI.A.277.10). Name: 1: GHAZY 2: FEZZA 3: HISHAN 4: AL-MAZIDIH Name (original script): DOB: a) 1974 b) 1975 A.k.a.: a) Ghazy Fezzaa Hishan b) Mushari Abd Aziz Saleh Shlash c) Abu Faysal d) Abu Ghazzy Address: Zabadani, Syrian Arab Republic Listed on: 11 Mar. 2010 Other information: He is a cousin of Akram Turki Hishan Al Mazidih (QI.A.276.10). The inclusion of AKRAM TURKI HISHAN AL-MAZIDIH and GHAZY FEZZA HISHAN AL-MAZIDIH in the list of the UN Security Council validates their being associated with Al-Qaida, a known terrorist organization. The 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: (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; DTEScI (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. No. 9160 or the Anti-Money Laundering Act of 2001, 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: (1) to require and receive covered or suspicious transaction reports from covered institutions ; 1 Moreover, the Revised Implementing Rules and Regulations of the Anti-Money Laundering Act of 2001, as amended, provide: HEcaIC "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. 2 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: (i) Require all covered institutions to submit to the Anti-Money Laundering Council reports of covered or suspicious transactions, if any, involving: (i) AKRAM TURKI HISHAN AL-MAZIDIH; and, (ii) GHAZY FEZZA HISHAN AL-MAZIDIH; and, (ii) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. acHETI April 21, 2010, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairperson, Securities and Exchange Commission) (SGD.) SANTIAGO JAVIER RAADA Member (Commissioner, Insurance Commission) Footnotes 1. Emphasis supplied. 2. Emphasis supplied.