AMLC Resolution No. 04, s. 2014

January 22, 2014 AMLC RESOLUTION NO. 04, S. 2014 In its Memorandum dated 8 January 2014, the AMLC Secretariat (AMLCS) reported to the Council that: On 16 September 2013, Assistant Secretary Jesus R.S. Domingo, Office of the United Nations and Other International Organizations, Department of Foreign Affairs, furnished the Anti-Money Laundering Council Secretariat (AMLCS) a copy of Note No. SCA/13/13 (04) dated 4 September 2013 from the Chairperson of the United Nations Security Council (UNSC) Committee established pursuant to Resolution 1970 (2011) on Libya. The Note updates the entries in the List of Individuals and Entities subject to asset freeze. The details of the update are as follows: 4. Qadhafi, Aisha Daughter of Passport number: 428720 Muammar Muammar DOB: 1978 Muhammed Abu Qadhafi. POB: Tripoli, Libya Minyar Closeness of a.k.a. : Aisha Muhammed (Listed on 26 association with Abdul Salam February 2011 regime. Passport number: 215215 pursuant to Travelled in Believed status/location: paragraph 15 of violation of Sultanate of Oman resolution 1970; paragraph 15 of on 17 March 2011 resolution 1970, pursuant to as described by paragraph 17 of the Panel of resolution 1970) Experts on Libya in its 2013 Interim Report. Daughter of Muammar Qadhafi. 7. Qadhafi, Son of Muammar DOB: 2970 Mohammed Qadhafi. POB: Tripoli, Libya Muammar Closeness of (Listed on 26 association with Believed status/location: February 2011 regime. Algeria Sultanate of Oman pursuant to paragraph 15 of resolution 1970; on 17 March 2011 pursuant to paragraph 17 of Resolution 1970) 14. AL-BARASSI, Safia Married to DOB: 1952 Farkash Muammar POB: Al Bayda, Libya (Listed on 24 June QADHAFI since 2011 pursuant to 1970. Believed status/location: paragraph 15 of Significant Algeria resolution 1970 personal wealth, and paragraph 19 which could be of resolution used for regime 1973) purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence. Qadhafi, Aisha Muammar Muhammed Abu Minyar and Qadhafi, Mohammed Muammar were subjects of AMLC Resolution No. 39-A dated 3 May 2011 and AMLC Resolution No. 52 dated 23 May 2012, respectively, directing covered institutions to submit directly to the Anti-Money Laundering Council reports on suspicious transactions, if any, that occurred within the past five (5) years from the date of receipt of the Resolution, and informing the covered institutions of the amendment in the entry of Qadhafi, Aisha Muammar Muhammed Abu Minyar and Qadhafi, Mohammed Muammar. ASHECD Similarly, AL-BARASSI, Safia Farkash was the subject of AMLC Resolution No. 104 dated 16 September 2011 and AMLC Resolution No. 52 dated 23 May 2013, respectively, directing covered institutions to submit directly to the Anti-Money Laundering Council reports on suspicious transactions, if any, that occurred within the past five (5) years from the date of receipt of the Resolution and informing covered institutions of the amendment in the entry of AL-BARASSI, Safia Farkash. The UNSC Resolution 1970 (2011), adopted on 26 February 2011, provides that: "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, xxx xxx xxx Asset Freeze 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 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;" (emphasis supplied) TcIHDa UNSC Resolution 1973 (2011), adopted on 17 March 2011, provides that: "The Security Council, Recalling its Resolution 1970 (2011) of 26 February 2011, xxx xxx xxx Expressing grave concern at the deteriorating situation, the escalation of violence, and the heavy civilian casualties , xxx xxx xxx Condemning the gross and systematic violation of human rights, including arbitrary detentions, enforced disappearances, torture and summary executions, xxx xxx xxx 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, Acting under Chapter VII of the Charter of the United Nations, xxx xxx xxx Asset Freeze 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;" (emphasis supplied) AHSEaD UNSC Resolution Nos. 1970 (2011) and 1973 (2011) seek to end violence and use of force against civilians, gross and systematic violation of human rights, including arbitrary detention, enforced disappearance, torture and similar executions amounting to crimes against humanity. The circumstances thereof are similar/analogous to acts of terrorism which is an unlawful activity under Section 3(i), 13 of R.A. 9160, as amended, also known as the Anti-Money Laundering Act of 2001 (AMLA). The freezing directive, on the other hand, of the Resolutions shows a situation where there is funding of the said acts, making it similar or analogous to a financing of terrorism punishable under the penal laws of other countries. Under Section 3 (i)(14) in relation to Section 3 (34) of R.A. 9160, as amended, an offense of similar nature to terrorism financing that is punishable under the penal laws of other countries is a predicate offense to money laundering. Rule 13.g.2. of the Revised Implementing Rules and Regulations of the AMLA, as amended, provides: "Rule 13.g.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 as amended, 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, as amended, 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) DTEcSa Section 7 (7) of the AMLA, as amended, referred to above provides: "Sec. 7. Creation of the Anti-Money Laundering Council (AMLC). . . . The AMLC shall act unanimously in the discharge of its functions as defined hereunder: xxx xxx xxx (7) to implement such measures as may be necessary and justified under this Act to counteract money laundering ; xxx xxx xxx. (emphasis supplied) The inclusion of Qadhafi, Aisha Muammar Muhammed Abu Minyar; Qadhafi, Mohammed Muammar; and AL-BARASSI, Safia Farkash in the List of Individuals and Entities subject to travel ban and asset freeze imposed by paragraph 17 of UNSC Resolution 1970 (2011) and paragraph 19 of UNSC Resolution 1973 (2011) requires a cooperative act among UN members. 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 UNSC Resolutions. The Council resolved to: (1) Inform all covered persons of the following updates in the List of Individuals and Entities subject to asset freeze imposed by paragraph 17 of UNSC Resolution 1970 (2011) and paragraph 19 of UNSC Resolution 1973 (2011): 4. Qadhafi, Aisha Daughter of Muammar Passport number: Muammar Muhammed Qadhafi. 428720 Abu Minyar Closeness of association DOB: 1978 (Listed on 26 February with regime. POB: Tripoli, Libya 2011 pursuant to Travelled in violation of a.k.a. : Aisha Muhammed paragraph 15 of paragraph 15 of resolution Abdul Salam resolution 1970; on 17 1970, as described by the Passport number: March 2011 pursuant Panel of Experts on Libya 215215 to paragraph 17 of in its 2013 Interim Report. Believed status/location: resolution 1970) Daughter of Muammar Sultanate of Oman Qadhafi. 7. Qadhafi, Mohammed Son of Muammar Qadhafi. DOB: 1970 Muammar Closeness of association POB: Tripoli, Libya (Listed on 26 February with regime. 2011 pursuant to Believed status/location: paragraph 15 of Algeria Sultanate ofOman resolution 1970; on 17 March 2011 pursuant to paragraph 17 of resolution 1970) 14. AL-BARASSI, Safia Married to Muammar DOB: 1952 Farkash QADHAFI since 1970. POB: Al Bayda, Libya (Listed on 24 June 2011 Significant personal wealth, pursuant to paragraph which could be used for Believed status/location: 15 of resolution 1970 regime purposes. Her sister Algeria and paragraph 19 of Fatima FARKASH is married resolution 1973) to ABDALLAH SANUSSI; head of Libyan military intelligence. (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered persons under their respective jurisdictions. January 22, 2014, Manila, Philippines. aCATSI (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) TERESITA J. HERBOSA Member (Chairperson, Securities and Exchange Commission) (SGD.) EMMANUEL F. DOOC Member (Commissioner, Insurance Commission)