AMLC Resolution No. 053-08

June 27, 2008 AMLC RESOLUTION NO. 053-08 On 21 April 2008, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of SUHAYL FATILLOEVICH BURANOV (SUHAYL) and NAJMIDDIN KAMOLITDINOVICH JALOLOV (NAJMIDDIN) to its Consolidated List of individuals and entities subject to the sanctions/measures outlined in subparagraphs (a), 1 (b), 2 and (c) 3 of paragraph 1 of Security Council Resolution 1735 (2006). Relevant information on Suhayl and Najmiddin are as follows: Name : SUHAYL FATILLOEVICH BURANOV DOB : 1983 POB : Tashkent, Uzbekistan A.K.A : Suhayl Fatilloyevich Buranov Nationality : Uzbek Address : Massiv Kara-Su-6, Building 12, Apt. 59, Tashkent Uzbekistan Listed on : 21 Apr. 2008 Other Information : Suhayl Fatilloevich Buranov (Suhayl) is one of the leaders of the Islamic Jihad Group. He has undertaken special training on mines and explosives at the Al-Qaida camp in the Khost province and has participated in military operations in Afghanistan and Pakistan on the Taliban side. He was one of the organizers of the terrorist attacks committed in Uzbekistan in 2004. Criminal proceedings were instituted against him in 2000 in accordance with the following articles of the Criminal Code of the Republic of Uzbekistan: Articles 159, par. 3 (Attempts to Constitutional Order of the Republic of Uzbekistan), and 248 (Illegal Possession of Arms, Ammunitions, Explosive Substances, or Explosive Assemblies). An order for his arrest has been issued. Name : NAJMIDDIN KAMALITDINOVICH JALOLOV DOB : 1972 POB : Andijan Region, Uzbekistan Nationality : Uzbek Address : S. Jalilov Street 14, Khartu, Andijan Region Uzbekistan Listed on : 21 Apr. 2008 Other Information : Najimiddin Kamolitdinovich Jalolov (Najmiddin) is one of the leaders of the Islamic Jihad Group. He has undertaken special training on mines and explosives at Al-Qaida camps and has participated in military operations in Afghanistan and Pakistan on the Taliban Side. He was one of the organizers of the terrorists attacks committed in Uzbekistan in 1999 and 2004. Criminal proceedings were instituted against him in March 1999 in accordance with the following articles of the Criminal Code of the Republic of Uzbekistan: Articles 154 (Mercenary), 155 (Terrorism), 156 (Incitement of Ethnic, Racial or Religious Hatred), 159 (Attempts to Constitutional Order of Uzbekistan), and 242 (Organization of Criminal Community) and 244 (Failure to Report about Crime or Concealment thereof). An order for his arrest has been issued. The inclusion of SUHAYL FATILLOEVICH BURANOV and NAJIMIDDIN KAMOLITDINOVICH JALOLOV in the list of the UN Security Council validates their being associated with terrorists. The provisions of 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 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 our terrorists acts; (c) Freeze without delay funds and other financial assets or economic resources or 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, 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." (Emphasis supplied) Section 7 (1) of R.A. 9160, as amended, provides: Section 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 ; (Emphasis supplied) Moreover, the Revised Implementing Rules and Regulations of the Anti-Money Laundering Act of 2001, as amended, provides: 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 . (Emphasis supplied) Consequently, on the basis of the International Convention for the Suppression of the Financing of Terrorism and the United Nations Security Council Resolution (UNSCR) 1373, and the Anti-Money Laundering Act of 2001, as amended, as well as its Revised Implementing Rules and Regulations, the Anti-Money Laundering Council is authorized to check any funds, financial assets or economic resources, including property or interests in property owned or controlled directly or indirectly by said individuals. The Council resolved to: 1. Direct the covered institutions to submit to the Council reports of covered or suspicious transactions, if any, involving SUHAYL FATILLOEVICH BURANOV and NAJMIDDIN KAMOLITDINOVICH JALOLOV; and 2. Request the Supervising Authorities to disseminate this Resolution to all covered institutions under their respective jurisdictions. 27 June 2008, Manila, Philippines. (SGD.) ARMANDO L. SURATOS Acting Chairman ( Officer-in-Charge, Bangko Sentral ng Pilipinas ) (SGD.) FE B. BARIN Member ( Chairperson, Securities and Exchange Commission ) (SGD.) EDUARDO T. MALINIS Member ( Commissioner, Insurance Commission ) Footnotes 1. (a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings, and entities, including funds derived from property owned or controlled, directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly, for such persons' benefit, or by their nationals or by persons, within their territory: 2. (b) Prevent the entry into or the transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfillment of a judicial process or the Committee established pursuant to resolution 1267 (1999) ("the Committee") determines on a case-by-case basis only that entry or transit is justified; 3. (c) Prevent the direct or indirect supply, sale, or transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related material of all types including weapons and ammunitions, military vehicles and equipment, paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities.