AMLC Resolution No. 083-10

September 1, 2010 AMLC RESOLUTION NO. 083-10 In its Memorandum dated 9 August 2010, the AMLC Secretariat (AMLCS) reported to the Council that: On 6 August 2010, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of two entries 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 entries added in the list are as follows: C. Individuals associated with Al-Qaida Name : 1: MOHAMMAD 2: ILYAS 3: KASHMIRI 4: na Name (original script) : Title : Mufti Designation : na Date of Birth : a) 2 Jan. 1964 b) 10 Feb. 1964 Place of Birth : Bhimber, Samahani Valley, Pakistan-administered Kashmir Good quality a.k.a. : Muhammad Ilyas Kashmiri Low quality a.k.a. : a) Elias al-Kashmiri b) Ilyas, Naib Amir Address : Thathi Village, Samahni, Bhimber District, Pakistan-administered Kashmir Listed on : 6 Aug. 2010 Other information : Mohammad Ilyas Kashmiri is the commander of Harakat-ul Jihad Islami (QE.H.130.10.) and provides support to Al- Qaida (QE.A.4.01) operations. This individual has two titles: a) Mufti b) Maulana D. Entities and other groups and undertakings associated with Al-Qaida Name : HARAKAT-UL JIHAD ISLAMI Name (original script) : A.k.a. : a) HUJI b) Movement of Islamic Holy War c) Harkat-ul-Jihad-al Islami d) Harkat-al-Jihad-ul Islami e) Harkat-ul-Jehad-al-Islami f) Harakat ul Jihad-e-Islami F.k.a. : a) Harakat-ul-Ansar b) HUA Listed on : 6 Aug. 2010 Other information : Was established in Afghanistan in 1980. In 1993, Harakat-ul Jihad Islami merged with Harakat ul-Mujahidin to form Harakat ul- Ansar. In 1997, Harakat-ul Jihad Islami split from Harakat ul-Ansar and resumed using its former name. Operations are in India, Pakistan and Afghanistan. On 6 August 2010, the Committee also approved the changes of entries to its Consolidated List. The details of the changes are as follows: C. Individuals associated with Al-Qaida Name : 1: LIONEL 2: DUMONT 3: na 4: na Date of Birth : 21 Jan. 1971 Place of Birth : Roubaix, France Good quality a.k.a. : a) Jacques Brougere b) Abu Hamza c) Di Karlo Antonio d) Merlin Oliver Christian Rene e) Arfauni Imad Ben Yousset Hamza f) Imam Ben Yussuf Arfaj g) Abou Hamza h) Arfauni Imad Low quality a.k.a. : a) Bilal b) Hamza c) Koumkal d) Kumkal e) Merlin f) Tinet g) Brugere h) Dimon Nationality : French Address : France Listed on : 25 Jun. 2003 (amended on 22 Nov. 2004, 26 Nov. 2004, 2 Jul. 2007, 17 Oct. 2007, 24 Mar. 2009, 6 Aug. 2010) Other information : In custody in France as of May 2004. Sentenced to 25 years imprisonment in France in 2007 . Review pursuant to Security Council resolution 1822 (2008) was concluded on 15 Jun. 2010. Name : 1: KHALIL 2: BEN AHMED 3: BEN MOHAMED 4: JARRAYA Name (original script) : Date of Birth : 8 Feb. 1969 Place of Birth : Sfax, Tunisia Good quality a.k.a. : a) Khalil Yarraya b) Ben Narvan Abdel Aziz, born 15 Aug. 1970 in Sereka, former Yugoslavia c) Abdel Aziz Ben Narvan, born 15 Aug. 1970 in Sereka, former Yugoslavia Low quality a.k.a. : a) Amro b) Omar c) Amrou d) Amr Nationality : Tunisian Passport No. : Tunisian passport number K989895, issued on 26 Jul. 1995 in Genoa, Italy, expired on 25 Jul. 2000 Address : Nuoro, Italy Listed on : 25 Jun. 2003 (amended on 26 Nov. 2004, 20 Dec. 2005, 17 Oct. 2007, 16 Sep. 2008, 24 Mar. 2009, 10 Aug. 2009, 6 Aug. 2010 ) Other information : Detained in Italy since 9 Aug. 2008 for his implication in a case related to terrorism. Review pursuant to Security Council resolution 1822 (2008) was concluded on 15 Jun. 2010. Name : 1: NEDAL 2: MAHMOUD 3: SALEH 4: na Name (original script) : Date of Birth : 26 Mar. 1972 Place of Birth : Tunisia Good quality a.k.a. : a) Nedal Mahmoud N. Saleh b) Salah Nedal c) Tarek Naser Low quality a.k.a. : a) Hitem b) Hasim Nationality : Tunisian Passport No. : na Address : Manchester, United Kingdom Listed on : 25 Jun. 2003 (amended on 26 Nov. 2004, 25 Jul. 2006, 17 Oct. 2007, 16 Sep. 2008, 24 Mar. 2009, 6 Aug. 2010 ) Other information : Review pursuant to Security Council resolution 1822 (2008) was concluded on 7 Jul. 2010. While LIONEL DUMONT, KHALIL BEN AHMED BEN MOHAMED JARRAYA and NEDAL MAHMOUD SALEH have earlier been included in the Consolidated List, they have not been covered by previous resolutions issued by the AMLC. The inclusion of MOHAMMAD ILYAS KASHMIRI, HARAKAT-UL JIHAD ISLAMI, LIONEL DUMONT, KHALIL BEN AHMED BEN MOHAMED JARRAYA and NEDAL MAHMOUD SALEH in the Consolidated List of the United Nations Security Council validates their being associated with Al-Qaida, a known terrorist organization. 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; HTCaAD (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: "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." HCDaAS 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 MOHAMMAD ILYAS KASHMIRI, HARAKAT-UL JIHAD ISLAMI, LIONEL DUMONT, KHALIL BEN AHMED BEN MOHAMED JARRAYA, NEDAL MAHMOUD SALEH, 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. September 1, 2010, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) VIDA T. CHIONG Acting Member (Officer-in-Charge, 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").