AMLC Resolution No. 043-10

June 9, 2010 AMLC RESOLUTION NO. 043-10 In its Memorandum dated 18 May 2010, the AMLC Secretariat (AMLCS) reported to the Council that: DSIaAE On 25 March 2010, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the amendments 1 of its Consolidated List ("Consolidated List") of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 2 of Security Council Resolution 1904 (2009) adopted under Chapter VII of the Charter of the United Nations. The details of the amendments are as follows: D. Entities and other groups and undertakings associated with Al-Qaida Name : GLOBAL RELIEF FOUNDATION (GRF). A.k.a. : a) Fondation Secours Mondial (FSM) b) Secours mondial de France (SEMONDE) c) Fondation Secours Mondial-Belgique a.s.b.l. d) Fondation Secours Mondial v.z.w. e) FSM f) Stichting Wereldhulp-Belgie, v.z.w. g) Fondation Secours Mondial-Kosova h) Fondation Secours Mondial "World Relief" Address : a) 9935 South 76th Avenue, Unit 1, Bridgeview, Illinois, 60455, United States of America b) P.O. Box 1406, Bridgeview, Illinois, 60455, United States of America c) 49 rue du Lazaret, 67100 Strasbourg, France d) Vaatjesstraat, 29, 2580 Putte, Belgium e) Rue des Bataves 69, 1040 Etterbeek, Brussels, Belgium f) P.O. Box 6, 1040 Etterbeek 2, Brussels, Belgium g) Rr. Skenderbeu 76, Lagjja Sefa, Gjakova, Kosovo h) Ylli Morina Road, Djakovica, Kosovo i) Rruga e Kavajes, Building No. 3, Apartment No. 61, P.O. Box 2892, Tirana, Albania j) House 267 Street No. 54, Sector F 11/4, Islamabad, Pakistan Listed on : 22 Oct. 2002 (amended on 26 Nov. 2004, 20 Dec. 2005, 25 Jul. 2006, 24 Mar. 2009, 11 Mar. 2010, 25 Mar. 2010 ) Other information : Other Foreign Locations: Afghanistan, Azerbaijan, Bangladesh, China, Eritrea, Ethiopia, Georgia, India, Iraq, Jordan, Lebanon, West Bank and Gaza, Sierra Leone, Somalia and Syria. Federal Employer Identification Number (United States of America): 36-3804626. V.A.T. Number: BE 454,419,759. Belgian addresses incorrect: these are the addresses of Putte et Bruxelles de l'association sans but lucratif since 1998. Similarly, on 12 April 2010, the Security Council Al-Qaida and Taliban Sanctions Committee approved further amendments 3 in the "Consolidated List" to indicate the following details: A. Individuals associated with the Taliban Name : 1: SHAMS 2: UR-RAHMAN 3: SHER ALAM 4: na Name (original script) : Designation : Deputy Minister of Agriculture of the Taliban regime Title : a) Mullah b) Maulavi POB : Suroobi district, Kabul province, Afghanistan A.k.a. : a) Shamsurrahman b) Shams-u-Rahman Nationality : Afghan Listed on : 23 Feb. 2001 (amended on 3 Sep. 2003, 21 Sep. 2007, 12 Apr. 2010 ) Other information : Believed to be in the Afghanistan/Pakistan border area. Involved in drug trafficking. Name : 1: NOORUDDIN 2: TURABI 3: MUHAMMAD 4: QASIM Name (original script) : Title : a) Mullah b) Maulavi Designation : Minister of Justice of the Taliban regime DOB : Approximately 1963 POB : a) Kandahar, Afghanistan b) Chora district, Uruzgan province, Afghanistan A.k.a. : Noor ud Din Turabi Nationality : Afghan Listed on : 25 Jan. 2001 (amended on 3 Sep. 2003, 21 Sep. 2007, 12 Apr. 2010 ) Other information : Apprehended in Sep. 2006. Name : 1: AHMADULLAH 2: na 3: na 4: na Name (original script) : Designation : Minister of Security (Intelligence) of the Taliban regime Title : Qari DOB : Approximately 1975 POB : Qarabagh district, Ghazni province, Afghanistan A.k.a. : Ahmadulla Nationality : Afghan Listed on : 25 Jan. 2001 (amended on 3 Sep. 2003, 18 Jul. 2007, 21 Sep. 2007, 12 Apr. 2010 ) Other information : Reportedly deceased in Dec. 2001. Name : 1: KHAIRULLAH 2: KHAIRKHWAH 3: na 4: na Name (original script) : Title : a) Maulavi b) Mullah Designation : a) Governor of Herat Province under the Taliban regime b) spokesperson of the Taliban regime c) Governor of Kabul province under the Taliban regime d) Minister of Internal Affairs under the Taliban regime DOB : Approximately 1963 POB : Arghistan district, Kandahar province, Afghanistan A.k.a. : Mullah Khairullah Khairkhwah Nationality : Afghan Listed on : 25 Jan. 2001 (amended on 3 Sep. 2003, 21 Sep. 2007, 3 Oct. 2008, 12 Apr. 2010 ) Other information : Apprehended. In custody as at Jun. 2007 Name : 1: ABDUL MANAN 2: NYAZI 3: na 4: na Name (original script) : Title : Mullah Designation : Governor of Kabul Province under the Taliban regime DOB : Approximately 1968 POB : Pashtoon Zarghoon district, Herat province, Afghanistan A.k.a. : a) Abdul Manan Nayazi b) Abdul Manan Niazi c) Baryaly d) Baryalai Nationality : Afghan Listed on : 25 Jan. 2001 (amended on 3 Sep. 2003, 18 Jul. 2007, 21 Sep. 2007, 12 Apr. 2010 ) Other information : Taliban member responsible for Herat province. Believed to be in the Afghanistan/Pakistan border area. Name : 1: AHMAD JAN 2: AKHUNDZADA 3: SHUKOOR 4: AKHUNDZADA Name (original script) : Title : a) Maulavi b) Mullah Designation : Governor of Zabol Province under the Taliban regime POB : Uruzgan province , Afghanistan A.k.a. : a) Ahmad Jan Akhunzada b) Ahmad Jan Akhund Zada Nationality : Afghan Address : na Listed on : 25 Jan. 2001 (amended on 3 Sep. 2003, 21 Sep. 2007, 12 Apr. 2010 ) Other information : Taliban member in charge of Uruzgan province, Afghanistan, as at early 2007. Arrested in Apr. 2007. C. Individuals associated with Al-Qaida Name : 1: HASSAN 2: ABDULLAH 3: HERSI 4: AL-TURKI Name (original script) : Title : a) Sheikh b) Colonel DOB : Approximately 1944 POB : Region V, Ethiopia, (the Ogaden Region in eastern Ethiopia) A.k.a. : a) Hassan Turki b) Hassen Abdelle Fihiye c) Sheikh Hassan Abdullah Fahaih Nationality : Somali Address : Reported to be active in Southern Somalia, lower Juba near Kismayo, mainly in Jilibe and Burgabo as of November 2007 Listed on : 6 Jul. 2004 (amended on 25 Jul. 2006, 21 Dec. 2007, 12 Apr. 2010 ) Other information : Family Background: From the Ogaden clan, Reer-Abdille subclan. Part of the Al-Itihaad Al-Islamiya (AIAI) QE.A.2.01.) leadership. Believed to have been involved in the attacks on the United States embassies in Nairobi and Dar es Salaam in August 1998. HASSAN ABDULLAH HERSI AL-TURKI was the subject of AMLC Resolution No. 382 dated 28 June 2004 directing the covered institutions to submit directly to the Council reports of covered or suspicious transactions, if any, on the subject. The other individuals and entity are not included in the previous resolutions issued by the AMLC. The inclusion of GLOBAL RELIEF FOUNDATION (GRF), SHAMS UR-RAHMAN SHER ALAM, NOORUDDIN TURABI MUHAMMAD QASIM, AHMADULLAH, KHAIRULLAH KHAIRKHWAH, ABDUL MANAN NYAZI, AHMAD JAN AKHUNDZADA SHUKOOR AKHUNDZADA, and HASSAN ABDULLAH HERSI AL-TURKI in the list of the UN Security Council validates their being associated with terrorists. 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; THaDEA (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: EIAHcC "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." 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 GLOBAL RELIEF FOUNDATION (GRF), SHAMS UR-RAHMAN SHER ALAM, NOORUDDIN TURABI MUHAMMAD QASIM, AHMADULLAH, KHAIRULLAH KHAIRKHWAH, ABDUL MANAN NYAZI, AHMAD JAN AKHUNDZADA SHUKOOR AKHUNDZADA, and HASSAN ABDULLAH HERSI AL-TURKI; and (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. June 9, 2010, Manila, Philippines. ScaHDT (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) SANTIAGO JAVIER RAADA Member (Commissioner, Insurance Commission) Footnotes 1. Security Council SC/9894 dated 25 March 2010. 2. 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"): . . . 3. Security Council SC/9903 dated 12 April 2010.