AMLC Resolution No. 104-11

September 16, 2011 AMLC RESOLUTION NO. 104-11 In its Memorandum dated 2 September 2011, the AMLC Secretariat (AMLCS) reported to the Council that: On 13 July 2011, Assistant Secretary Leslie B. Gatan of the Department of Foreign Affairs, Office of United Nations and Other International Organizations, furnished the Anti-Money Laundering Council (AMLC) a copy of Note SCA/13/11(03) dated 24 June 2011 from the Chairman of the United Nations Security Council (UNSC) Committee (the "Committee"), established pursuant to UNSC Resolution 1970 (2011). The note relates to the approval by the Committee on 24 June 2011 of the addition of entries to the List of Individuals and Entities (the "List") subject to travel ban and/or asset freeze imposed by paragraphs 15 and 17 of UNSC Resolution 1970 (2011) and paragraph 19 of UNSC Resolution 1973 (2011). The details of the individuals and an entity added to the List are as follows: Newly Designated Individuals : Name Justification Identifiers AL-BARASSI, Safia Married to Muamar DOB: 1952 Farkash QADHAFI since 1970. POB: Al Bayda, Libya Owner of Buraq Air (Listed on 24 June 2011 (airline company) pursuant to paragraph headquartered in the 15 of Resolution 1970 Mittiga International and paragraph 19 of Airport in Tripoli. Resolution 1973) Farkash operates the company with the approval of her husband. Significant personal wealth, which could be used for regime purposes. Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence. ZLITNI, Abdelhaziz Minister for Planning DOB: 1935 and Finance in (Listed on 24 June 2011 Colonel Qadhafi's pursuant to paragraph Government; involved 15 of Resolution 1970 in violence against and paragraph 19 of demonstrators. Resolution 1973) Secretary of the General People's Committee for Finance and Planning. Zlitni is currently acting as temporary head of the Central Bank of Libya. He was previously National Oil Corporation Chairman. Information suggests that he is currently engaged in trying to raise funds for the regime to replenish Central Bank reserves already spent on sustaining the current military campaign. Newly Designated Entity: Name Justification Identifiers ZUEITINA OIL Owned or controlled a.k.a.: ZOC; ZUEITINA COMPANY by Libyan National Oil Address: Zueitina Oil Corporation. Building, Sidi Issa (Listed on 24 June 2011 Street, Al Dahra Area, pursuant to paragraph P.O. Box 2134, Tripoli, 19 of Resolution 1973) Libya Previously, on 25 March, the Committee updated an existing entry in the List, the details of which are as follows: Name Justification Identifiers Qadhafi, Saadi Commander Special Passport number: Forces. Son of 014797 (Listed on 26 February Muammar Qadhafi. 2011 pursuant to Closeness of DOB: 27 May 1973 paragraph 15 of association with POB: Tripoli, Libya Resolution 1970; on 17 regime. Command of March 2011 pursuant military units involved to paragraph 17 of in repression of Resolution 1970 demonstrations The UNSC Resolution 1970 (2011), adopted on 26 February 2011, as well as UNSC Resolution 1973 (2011) adopted on 17 March 2011, provide that: SaAcHE "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 "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;" "The Security Council, Recalling its resolution 1970 (2011) of 26 February 2011, xxx xxx xxx Acting under Chapter VII of the Charter of the United Nations, xxx xxx xxx 19. Decides that the asset freeze imposed by paragraph 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;" CDcHSa 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." 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 aforementioned individuals and entity in the List subject to 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) Direct all covered institutions to submit to the Anti-Money Laundering Council reports on suspicious transactions, if any, involving AL-BARASSI, Safia Farkash; ZLITNI, Abdelhaziz; Qadhafi, Saadi and ZUEITINA OIL COMPANY 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 16, 2011, Manila, Philippines. ETAICc (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)