AMLC Resolution No. 030-A-11

April 13, 2011 AMLC RESOLUTION NO. 030-A-11 In its Memorandum dated 29 March 2011, the AMLC Secretariat (AMLCS) reported to the Council that: On 10 March 2011, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of an individual to its Consolidated List ("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 1904 (2009) adopted under Chapter VII of the Charter of the United Nations. The details of the individual added in the list are as follows: A. Individuals associated with the Taliban Name : 1: DOKU 2: KHAMATOVICH 3: UMAROV 4: na Name (original script) : Title : na Designation : na DOB : 12 May 1964 POB : Kharsenoy Village, Shatoyskiy (Sovetskiy) District, Chechenskaya Respublika, Russian Federation Good quality a.k.a. : na Low quality a.k.a. : na Nationality : a) Russian b) USSR (until 1991) Passport no. : na National Identification no. : na Address : na Listed on : 10 Mar. 2011 Other information : Resides in the Russian Federation as at Nov. 2010. International arrest warrant issued in the year 2000. Doku Khamatovich Umarov was included in the Consolidated List as being associated with Al-Qaida, Usama bin Laden or the Taliban for "participating in the financing, planning, facilitating, preparing, or perpetrating acts or activities by, in conjunction with, under the name of, on behalf of, or in support of", "recruiting for", "supplying, selling or transferring arms and related materiel to" and "otherwise supporting acts or activities of" the Islamic Jihad Group, the Islamic Movement of Uzbekistan, and Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs (RSRSBCM) (QE.R.100.03). TcDaSI As additional information, Doku Khamatovich Umarov held the position of "Secretary of the Security Council" of the self-proclaimed "Republic of Ichkeria" in 1997. In August 1999, as commander of the so-called "south-western front", he helped organize and actively participated in an attack by militants on the Republic of Dagestan, the Russian Federation. In August 2004, he was appointed "Minister of State Security of Ichkeria" and issued a direct order for the elimination of Russian and foreign citizens. Doku Umarov was appointed "Vice-President of Ichkeria" on 16 June 2005, by decree of Abdul Khalim Sadulayev, the self-proclaimed "President of the Chechen Republic of Ichkeria". On 17 June 2006, he took over "presidential" duties following the death of his predecessor, Abdul Khalim Sadulayev. He appointed Shamil Salmanovich Basayev as his deputy. Doku Umarov was directly involved in organizing a number of major terrorist acts: the capture of residential areas of the Vedenski and Urus-Martanovski districts of the Chechen Republic the Russian Federation (August 2002); the kidnapping of staff from the Office of the Public Prosecutor of the Chechen Republic (December 2002); and the bombings of the building housing, the Department of the Russian Federal Security Service for the Republic of Ingushetia, in the city of Magas, and of two railway trains in Kislovodsk (September 2003). He was one of the main organizers of the raid on Ingushetia by militants on 22 June 2004, the sortie into Grozny on 21 August 2004, the hostage-taking in Beslan of 1-3 September 2004 and the terrorist attacks in Moscow metro stations on 29 March 2010. Doku Umarov is the leader of the Caucasus Emirate (Emarat Kavkaz). He has approximately 750 militants under his command as well as emissaries in foreign countries. In addition, he has overall command of groups operating in the North Caucasus, organizes major terrorist acts and coordinates the provision of resources to militants. Doku Umarov, as the leader of the Caucasus Emirate, has past connections to several listed entities, including the Islamic Movement of Uzbekistan (QE.I.10.01) and the Islamic Jihad Union (QE.I.119.05). In a statement released in May 2009, Doku Umarov took credit for restoring the Riyadus-Salikhin Reconnaissance and Sabotage Battalion of Chechen Martyrs (RSRSBCM) (QE.R.100.03), a group previously led by Shamil Salmanovich Basayev (QI.B.107.03) and responsible for a number of high profile attacks in Russia. Since 2009, the RSRSBCM has publicly taken credit for several terrorist attacks in Russia and has claimed to act under direct orders of Doku Umarov. The Russian authorities have opened a case file on Doku Umarov on the grounds of crimes of gangsterism, attempted murder of a low enforcement officer, kidnapping, robbery, terrorism, murder, and illicit sale of arms, ammunition and explosives. In 1992, Doku Umarov was charged with two counts of murder and was charged in absentia for a crime committed under article 102 of the Russian Criminal Code. In 2000, an international warrant was issued for his arrest. The inclusion of DOKU KHAMATOVICH UMAROV in the Consolidated List validates his being associated with the Al Qaida, a known terrorist organization. AScHCD The United Nations Security Council Resolution (UNSCR) 1373, adopted on 28 September 2001, provides that: "The Security Council, xxx xxx xxx 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; (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: (1) to require and receive covered or suspicious transaction reports from covered institutions; xxx xxx xxx." Moreover, the Revised Implementing Rules and Regulations of the Anti-Money Laundering Act of 2001, as amended, provide: DEaCSA "Rule 13.7.2. Authority to Assist the United Nations and other International Organizations and Foreign States. The AMLC is authorized under Sections 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." 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 on suspicious transactions, if any, involving DOKU KHAMATOVICH UMAROV, including all transactions that occurred within the past five (5) years counting from the date of receipt of this Resolution; and (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. April 13, 2011, Manila, Philippines. (SGD.) NESTOR A. ESPENILLA, JR. Acting Chairman (Officer-in-Charge, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) EMMANUEL F. DOOC Member (Commissioner, Insurance Commission) Footnotes 1. 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, undertaking and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) ("the Consolidated List").