AMLC Resolution No. 106, s. 2011

September 16, 2011 AMLC RESOLUTION NO. 106, S. 2011 In its Memorandum dated 12 September 2011, the AMLC Secretariat (AMLCS) reported to the Council that: On 15 August 2011, the United Nations Security Council (UNSC) Committee ("the Committee") approved the addition of an individual to the 1988 List 1 of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 2 of UNSC Resolution 1988 (2011). The details of the individual added in the list are as follows: A. Individuals associated with the Taliban Name : 1: SANGEEN 2: ZADRAN 3: na 4: na Name (original script) : Title : a) Maulavi b) Mullah DOB : a) Approximately 1976 b) Approximately 1979 POB : Tang Stor Khel, Ziruk District, Paktika Province, Afghanistan Good quality a.k.a. : Low quality a.k.a. : a) Sangin b) Sangin Zadran c) Sangeen Khan Zadran d) Sangeen e) Fateh Nationality : Afghan Listed on : 16 Aug. 2011 Other information : Shadow Governor for Paktika Province, Afghanistan, and commander of the Haqqani Network, a Taliban-affiliated group of militants that operates in the Afghanistan/Pakistan border area. Senior lieutenant to Sirajuddin Jallaloudine Haqqani (TI.H.144.07.). Alternative spelling of title (a): Maulvi. The inclusion of SANGEEN ZADRAN in the 1988 List validates his being associated with the Al Qaida, a known terrorist organization. HaSEcA The UNSC Resolution 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; (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: IDAESH "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 on suspicious transactions, if any, involving SANGEEN ZADRAN, 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 16, 2011, Manila, Philippines. (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) Footnotes 1. On 17 June 2011, the Security Council adopted Resolutions 1988 (2011) and 1989 (2011). By these Resolutions, the Security Council decided to split the Al-Qaida and Taliban sanctions regime originally known as the "Consolidated List". Paragraph 2 of Resolution 1988 (2011) provides that Sections A ("Individuals associated with the Taliban") and B ("entities and other groups and undertaking associated with the Taliban") of the Consolidated List shall henceforth be on the List ("the 1988 List") established pursuant to Paragraph 1 thereof. 2. 1. Decides that all States shall take . . . measures with respect to Individuals and entities individuals, groups, undertakings and entities associated with them, as specified in section A ("Individuals associated with the Taliban") and section B ("entities and other groups and undertaking associated with the Taliban") of the Consolidated List . . . as of the date of adoption of this Resolution, as well as other individuals, groups, undertakings and entities associated with the Taliban in constituting a threat to the peace, stability and security of Afghanistan as designated by the Committee established in paragraph 30, . . . : (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, by their nationals or by persons within their territory; xxx xxx xxx.