AMLC Resolution No. 108, s. 2010

November 17, 2010 AMLC RESOLUTION NO. 108, S. 2010 In its Memorandum dated 8 November 2010, the AMLC Secretariat (AMLCS) reported to the Council that: On 27 September 2010, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the changes in an entry in the 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 the changes are as follows: C. Individuals associated with Al-Qaida Name : 1: YASSER 2: MOHAMED 3: ISMAIL 4: ABU SHAWEESH Name (original script) : Date of Birth : 20 Nov. 1973 Place of Birth : Benghazi, Libyan Arab Jamahiriya Good quality a.k.a. : Yasser Mohamed Abou Shaweesh Passport no. : a) Egyptian travel document 939254 b) Egyptian passport 0003213 c) Egyptian passport 981358 d) Passport substitute C00071659 issued by the Federal Republic of Germany Address : Germany Listed on : 6 Dec. 2005 (amended on 7 Sept. 2007, 11 Mar. 2010, 28 Sept. 2010 ) Other information : On 6 Dec. 2007 he was found guilty of supporting a foreign terrorist organization and of multiple counts of fraud and attempted fraud. He received a prison sentence of 5 years and 6 months. The judgement has taken final and binding effect. His brother is Ismail Mohamed Ismail Abu Shaweesh (QI.A.224.06). Review pursuant to Security Council resolution 1822 (2008) was concluded on 24 Nov. 2009 . Likewise, on 9 September 2010, the Committee approved the changes in entries in the Consolidated List of individuals and entities subject to the assets freeze, travel ban and arms embargo set out in paragraph 1 of Security Council resolution 1904 (2009) adopted under Chapter VII of the Charter of the United Nations. The details of the changes are as follows: C. Individuals associated with Al-Qaida Name : 1: YOUSSEF 2: BEN ABDUL BAKI 3. BEN YOUCEF 4: ABDAOUI Name (original script) : Date of Birth : 4 Sept. 1966 Place of Birth : Kairouan, Tunisia Good quality a.k.a. : na Low quality a.k.a. : a) Abu Abdullah b) Abdellah c) Abdullah d) Abou Abdullah e) Abdullah Youssef Nationality : Tunisian Passport no. : Tunisian passport number G025057, issued on 23 Jun. 1999, expired on 5 Feb. 2004 National identification no. : na Address : a) Via Romagnosi, n. 6, Varese, Italy b) Piazza Giovane Italia n.2, Varese, Italy c) Cassano Magnago (VA), Via Torino n.8/B, Italy d) Jabal Al-Rayhan, Al-Waslatiyyah, Kairouan, Tunisia Listed on : 25 June 2003 (amended on 23 Jun. 2004, 20 Dec. 2005, 17 Oct. 2007, 9 Sep. 2010 ) Other information : Italian Fiscal Code: BDA YSF 66P04 Z352Q. Inadmissible in Schengen area. Resided in Italy as at Jun. 2009. Mother's name: Fatima Abdaoui. Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Apr. 2010. QI.D.174.04. Name : 1: KAMAL 2: BEN MOHAMED 3: BEN AHMED 4: DARRAJI Name (original script) : Title : na Designation : na DOB : 22 Jul. 1967 POB : Menzel Bouzelfa, Tunisia Good quality a.k.a. : Kamel Darraji Low quality a.k.a. : na Nationality : Tunisian Passport no. : Tunisian passport number L029899, issued on 14 Aug. 1995, expired on 13 Aug. 2000 National identification no. : a) Italian Fiscal Code DDR KML 67L22 Z352Q b) Italian Fiscal Code, DRR KLB 67L22 Z352S Address : Via Varzi, n. 14/A Busto Arsizio, Varese, Italy (as at Dec. 2009) Listed on : 23 June 2004 (amended on 20 Dec. 2005, 17 Oct. 2007, 3 Jun. 2009, 9 Sep. 2010 ) Other information : Resided in Italy as at Dec. 2009. Review pursuant to Security Council resolution 1822 (2008) was concluded on 9 Apr. 2010. QI.A.173.04. Name : 1: MOHAMED 2: BEN MOHAMED 3: BEN KHALIFA 4: ABDELHEDI Name (original script) : Title : na Designation : na DOB : 10 Aug. 1965 POB : Sfax, Tunisia Good quality a.k.a. : Mohamed Ben Mohamed Abdelhedi Low quality a.k.a. : na Nationality : Tunisian Passport no. : Tunisian passport number L965734, issued on 6 Feb. 1999 expired on 5 Feb. 2004 National identification no. : na Address : a) Via Galileo Ferraries n. 64 , Varese, Italy b) 261 Kramdah Road (km 2), Sfax, Tunisia Listed on : 23 Jun. 2004 (amended on 20 Dec. 2005, 31 Jul. 2006, 17 Oct. 2007, 9 Sept. 2010 ) Other information : Italian Fiscal Code: BDL MMD 65M10 Z352S. Mother's name: Shadhliah Ben Amir. Resided in Italy as at Aug. 2009. Review pursuant to Security Council resolution 1822 (2008) was concluded on 9 Apr. 2010 QI.A.178.04. Name : 1: CHABAANE 2: BEN MOHAMED 3: BEN MOHAMED 4: AL-TRABELSI Name (original script) : Title : na Designation : na DOB : 1 May 1966 POB : Menzel Temime, Nabeul, Tunisia Good quality a.k.a. : Chabaane Ben Mohamed Trabelsi Low quality a.k.a. : na Nationality : Tunisian Passport no. : Tunisian passport number L945660, issued on 4 Dec. 1998, expired on 3 Dec. 2001 National identification no. : na Address : b) Via Salvo D'Acquisto, n. 2, Varese, Italy (as at Dec. 2009) Listed on : 23 Jun. 2004 (amended on 20 Dec. 2005, 17 Oct. 2007, 9 Sep. 2010 ) Other information : Italian Fiscal Code: TRB CBN 66E01 Z352O. Resided in Italy as at Dec. 2009. Review pursuant to Security Council resolution 1822 (2008) was concluded on 21 Jul. 2010. YASSER MOHAMED ISMAIL ABU SHAWEESH was the subject of AMLC Resolution No. 8 dated 30 January 2006 while MOHAMED BEN MOHAMED BEN KHALIFA ABDELHEDI and CHABAANE BEN MOHAMED BEN MOHAMED AL-TRABELSI were subjects of AMLC Resolution No. 394 dated 14 July 2004. Both Resolutions directed covered institutions to submit directly to the Council reports of covered or suspicious transactions, if any, on the said persons. The other individuals, on the other hand, were not included in any prior AMLC Resolutions. The inclusion of YASSER MOHAMED ISMAIL ABU SHAWEESH; YOUSSEF BEN ABDUL BAKI BEN YOUCEF ABDAOUI; KAMAL BEN MOHAMED BEN AHMED DARRAJI; MOHAMED BEN MOHAMED BEN KHALIFA ABDELHEDI and CHABAANE BEN MOHAMED BEN MOHAMED AL-TRABELSI in the Consolidated List of the UN 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; (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; CcEHaI (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". 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 said UNSCR. The Council resolved to: (1) Direct all covered institutions to submit to the Anti-Money Laundering Council reports on suspicious transactions, if any, involving YASSER MOHAMED ISMAIL ABU SHAWEESH; YOUSSEF BEN ABDUL BAKI BEN YOUCEF ABDAOUI; KAMAL BEN MOHAMED BEN AHMED DARRAJI; ,MOHAMED BEN MOHAMED BEN KHALIFA ABDELHEDI and CHABAANE BEN MOHAMED BEN MOHAMED AL-TRABELSI, including all transactions that occurred within the past five (5) years counting from the date of receipt of this Resolution; DCcIaE (2) Authorize the AMLC Secretariat to file, through the Office of the Solicitor General (OSG), an application to freeze the bank account/s and other assets, if any, of the aforementioned individuals; (3) Authorize the Executive Director, or in his absence, the Officer-in-Charge of the AMLC Secretariat, to sign the Verification and Certification of the Petition, and all other pleadings, initiatory or otherwise, related to the foregoing case; and (4) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. November 17, 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, Osama 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"): xxx xxx xxx