AMLC Resolution No. 039-A-11

May 3, 2011 AMLC RESOLUTION NO. 039-A-11 In its Memorandum dated 28 April 2011, the AMLC Secretariat (AMLCS) reported to the Council that: TIaCcD On 30 March 2011, Assistant Secretary Virgilio A. Reyes, Jr. of the Department of Foreign Affairs, Office of Middle East and African Affairs, sent the Anti-Money Laundering Council (AMLC) a letter dated 25 March 2011, requesting the AMLC to cause the freezing of assets of Libyan leader, Col. Muammar Al-Qadhafi and family that may have been acquired in or transferred to the Philippines. The request is in connection with United Nations Security Council (UNSC) Resolution No. 1970 adopted on 26 February 2011, which states: "The Security Council, Expressing grave concern at the situation in the Libyan Arab Jamahiriya and condemning the violence and use of force against civilians, xxx xxx xxx "Acting under Chapter VII of the Charter of the United Nations, and taking measures under its Article 41, IaHAcT xxx xxx xxx "17. Decides that all Member States shall freeze without delay all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the individuals or entities listed in Annex II of this resolution or designated by the Committee established pursuant to paragraph 24 below, or by individuals or entities acting on their behalf or at their direction, or by entities owned or a controlled by them, and decides further that all Member States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the individuals or entities listed in Annex II of this resolution or individuals designated by the Committee; 18. Expresses its intention to ensure that assets frozen pursuant to paragraph 17 shall at a later stage be made available to and for the benefit of the people of the Libyan Arab Jamahiriya; 19. Decides that the measures imposed by paragraph 17 above do not apply to funds, other financial assets or economic resources that have been determined by relevant Member States: aTEHCc a) To be necessary for basic expenses, including payment for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges or exclusively for payment of reasonable professional fees and reimbursement of incurred expenses associated with the provision of legal services in accordance with national laws, or fees or service charges, in accordance with national laws, for routine holding or maintenance of frozen funds, other financial assets and economic resources, after notification by the relevant State to the Committee of the intention to authorize, where appropriate, access to such funds, other financial assets or economic resources and in the absence of a negative decision by the Committee within five working days of such notification; (b) To be necessary for extraordinary expenses, provided that such determination has been notified by the relevant State or Member States to the Committee and has been approved by the Committee; or (c) To be the subject of a judicial, administrative or arbitral lien or judgment, in which case the funds, other financial assets and economic resources may be used to satisfy that lien or judgment provided that the lien or judgment was entered into prior to the date of the present resolution, is not for the benefit of a person or entity designated pursuant to paragraph 17 above, and has been notified by the relevant State or Member States to the Committee; 20. Decides that Member States may permit the addition to the accounts frozen pursuant to the provisions of paragraph 17 above of interests or other earnings due on those accounts or payments due under contracts, agreements or obligations that arose prior to the date on which those accounts became subject to the provisions of this resolution, provided that any such interest, other earnings and payments continue to be subject to these provisions and are frozen; DTAHEC 21. Decides that the measures in paragraph 17 above shall not prevent a designated person or entity from making payment due under a contract entered into prior to the listing of such a person or entity, provided that the relevant States have determined that the payment is not directly or indirectly received by a person or entity designated pursuant to paragraph 17 above, and after notification by the relevant States to the Committee of the intention to make or receive such payments or to authorize, where appropriate, the unfreezing of funds, other financial assets or economic resources for this purpose, 10 working days prior to such authorization; xxx xxx xxx." The individuals, as well as the details of their identities, listed in Annex II mentioned above and whose assets are subject of the Asset Freeze pursuant to Paragraph 17 above are as follows: 1. Qadhafi, Aisha Muammar Date of Birth: 1978. Place of Birth: Tripoli, Libya Daughter of Muammar Qadhafi. Closeness of association with regime. ADcHES 2. Qadhafi, Hannibal Muammar Passport number: B/002210. Date of Birth: 20/09/1975. Place of Birth: Tripoli, Libya. Son of Muammar Qadhafi. Closeness of association with regime. 3. Qadhafi, Khamis Muammar Date of Birth: 1978. Place of Birth: Tripoli, Libya Son of Muammar Qadhafi. Closeness of association with regime. Command of military units involved in repression of demonstrations. ScAIaT 4. Qadhafi, Muammar Mohammed Abu Minyar Date of Birth: 1942. Place of Birth: Sirte, Libya Leader of the Revolution, Supreme Commander of Armed Forces. Responsibility for ordering repression of demonstrations, human rights abuses. 5. Qadhafi, Mutassim Date of Birth: 1976. Place of Birth: Tripoli, Libya National Security Adviser. Son of Muammar Qadhafi. Closeness of association with regime. ICcDaA 6. Qadhafi, Saif-al-Islam Passport Number: B014995. Date of Birth: 25/06/1972. Place of Birth: Tripoli, Libya. Director, Qadhafi Foundation. Son of Muammar Qadhafi. Closeness of association with regime. Inflammatory public statements encouraging violence against demonstrators. On 11 April 2011, the AMLC received from Police Chief Superintendent Reginald D. Villasonta, Deputy Executive Director of the Philippine Center on Transnational Crime (PCTC) a letter dated 1 April 2011. The letter refers to the AMLC the request of the Interpol to the NCB-Manila for information on any financial investigation and freezing that the Philippine government may have undertaken with regard to the assets of persons and entities listed in Annex II of UNSC Resolution 1970 mentioned above, as well as Annex II of UNSC Resolution 1973. UNSC Resolution 1973 adopted on 17 March 2011 provides that: "The Security Council, TEHIaA Recalling its resolution 1970 (2011) of 26 February 2011, xxx xxx xxx Condemning the gross and systematic violation of human rights, including arbitrary detentions, enforced disappearances, torture and summary executions, Further condemning acts of violence and intimidation committed by the Libyan authorities against journalists, media professionals and associated personnel and urging these authorities to comply with their obligations under international humanitarian law as outlined in resolution 1738 (2006), Considering that the widespread and systematic attacks currently taking place in the Libyan Arab Jamahiriya against the civilian population may amount to crimes against humanity, cDIHES xxx xxx xxx Deploring the continuing use of mercenaries by the Libyan authorities, Acting under Chapter VII of the Charter of the United Nations, xxx xxx xxx 19. Decides that the asset freeze imposed by paragraphs 17, 19, 20 and 21 of resolution 1970 (2011) shall apply to all funds, other financial assets and economic resources which are on their territories, which are owned or controlled, directly or indirectly, by the Libyan authorities, as designated by the Committee, or by individuals or entities acting on their behalf or at their direction, or by entities owned or controlled by them, as designated by the Committee, and decides further that all States shall ensure that any funds, financial assets or economic resources are prevented from being made available by their nationals or by any individuals or entities within their territories, to or for the benefit of the Libyan authorities, as designated by the Committee, or individuals or entities acting on their behalf or at their direction, or entities owned or controlled by them, as designated by the Committee, and directs the Committee to designate such Libyan authorities, individuals or entities within 30 days of the date of the adoption of this resolution and as appropriate thereafter; cEAHSC 20. Affirms its determination to ensure that assets frozen pursuant to paragraph 17 of resolution 1970 (2011) shall, at a later stage, as soon as possible be made available to and for the benefit of the people of the Libyan Arab Jamahiriya; xxx xxx xxx 22. Decides that the individuals listed in Annex I shall be subject to the travel restrictions imposed in paragraphs 15 and 16 of resolution 1970 (2011), and decides further that the individuals and entities listed in Annex II shall be subject to the asset freeze imposed in paragraphs 17, 19, 20 and 21 of resolution 1970 (2011); xxx xxx xxx." The persons and entities listed in Annex II of, and whose assets are subject to asset freeze pursuant to, UNSC Resolution 1973 (2011) in relation to UNSC Resolution 1973 (2011) are as follows: IaAHCE 1. Dorda, Abu Zayd Umar Position: Director, External Security Organization 2. Jabir, Major General Abu Bakr Yunis Position: Defense Minister Title: Major General DOB: 1952 POB: Jalo, Libya 3. Matuq, Matuq Mohammed Position: Secretary of Utilities DOB: 1956 POB: Khoms 4. Qadhafi, Mohammed Muammar Son of Muammar Qadhafi. Closeness of association with regime. DOB: 1970 POB: Tripoli, Libya CHcTIA 5. Qadhafi, Saadi Commander, Special Forces. Son of Muammar Qadhafi. Closeness of association with regime. Commander of military units involved in repression of demonstrations. DOB: 25/05/1973 POB: Tripoli, Libya 6. Qadhafi, Saif al-Arab Son of Muammar Qadhafi. Closeness of association with regime. DOB: 1932 POB: Tripoli, Libya 7. Al-Senussi, Colonel Abdullah Position: Director, Military Intelligence Title: Colonel DOB: 1949 POB: Sudan Entities 1. Central Bank of Libya Under control of Muammar Qadhafi and his family, and potential source of funding for his regime. aSIATD 2. Libyan Investment Authority a.k.a. Libyan Arab Foreign Investment Company (LAFICO) Address: 1 Fateh Tower Office, No. 99 22nd Floor, Borgaida Street, Tripoli, Libya 1103. Under control of Muammar Qadhafi and his family, and potential source of funding for his regime. 3. Libyan Foreign Bank Under control of Muammar Qadhafi and his family, and potential source of funding for his regime. aTEADI 4. Libyan Africa Investment Portfolio Address: Jamahiriya Street, LAP Building, PO Box 91330, Tripoli, Libya. Under control of Muammar Qadhafi and his family, and potential source of funding for his regime. 5. Libyan National Oil Corporation Address: Bashir Saadwi Street, Tripoli, Tarabulus, Libya. Under control of Muammar Qadhafi and his family, and potential source of funding for his regime. EaScHT 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". The inclusion of the following individuals and entities in Annexes II of UNSC Resolutions 1970 (2011) and 1973 (2011) subject to the measures imposed under Paragraphs 17, 19, 20 and 21 of UNSC Resolution 1970 (2001) requires a cooperative act among UN members: Individuals Listed in Individuals Listed in Entities Listed in Annex II of UNSC Annex II of UNSC Annex II of UNSC Resolution 1970 (2011) Resolution 1973 (2011) Resolution 1973 (2011) Qadhafi, Aisha Dorda, Abu Zayd Umar Central Bank of Libya Muammar Qadhafi, Hannibal Jabir, Major General Libyan Investment Muammar Abu Bakr Yunis Authority a.k.a. Libyan Arab Foreign Investment Company (LAFICO) Qadhafi, Khamis Matuq, Matuq Libyan Foreign Bank Muammar Mohammed Qadhafi, Muammar Qadhafi, Mohammed Libyan Africa Mohammed Abu Muammar Investment Portfolio Minyar Qadhafi, Mutassim Qadhafi, Saadi Libyan National Oil Corporation Qadhafi, Saif-al-Islam Qadhafi, Saif al-Arab Al-Senussi, Colonel Abdullah Accordingly, as a charter member of the United Nations, the Philippines, through the Anti-Money Laundering Council, must actively support the actions required under the subject UN Security Council Resolutions. DaScAI The Council resolved to: (1) Direct all covered institutions to submit to the Anti-Money Laundering Council reports on suspicious transactions, if any, involving the following individuals and entities that occurred within the past five (5) years counting from the date of receipt of this Resolution: Individuals Listed in Individuals Listed in Entities Listed in Annex II of UNSC Annex II of UNSC Annex II of UNSC Resolution 1970 (2011) Resolution 1973 (2011) Resolution 1973 (2011) Qadhafi, Aisha Dorda, Abu Zayd Umar Central Bank of Libya Muammar Qadhafi, Hannibal Jabir, Major General Libyan Investment Muammar Abu Bakr Yunis Authority a.k.a. Libyan Arab Foreign Investment Company (LAFICO) Qadhafi, Khamis Matuq, Matuq Libyan Foreign Bank Muammar Mohammed Qadhafi, Muammar Qadhafi, Mohammed Libyan Africa Mohammed Abu Muammar Investment Portfolio Minyar Qadhafi, Mutassim Qadhafi, Saadi Libyan National Oil Corporation Qadhafi, Saif-al-Islam Qadhafi, Saif al-Arab Al-Senussi, Colonel Abdullah (2) Request the supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. EAcCHI May 3, 2011, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) EMMANUEL F. DOOC Member (Commissioner, Insurance Commission)