AMLC Resolution No. 109, s. 2010

November 17, 2010 AMLC RESOLUTION NO. 109, S. 2010 In its Memorandum dated 9 November 2010, the AMLC Secretariat (AMLCS) reported to the Council that: On 20 October 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: HAKIMULLAH 2: MEHSUD 3: na 4: na Name (original script) : Date of Birth : Approximately 1979 Place of Birth : Pakistan Good quality a.k.a. : Hakeemullah Mehsud Low quality a.k.a. : Zulfigar Nationality : Pakistani Listed on : 21 Oct. 2010 Other information : Reportedly born in South Waziristan, Pakistan, and believed to be residing in Pakistan. Leader of Tehrik-i-Taliban Pakistan (not listed), an organization based in the tribal areas along the Afghanistan-Pakistan border. Name : 1: WALI 2: UR REHMAN 3: na 4: na Name (original script) : Date of Birth : Approximately 1970 Nationality : Pakistani Listed on : 21 Oct. 2010 Other information : Reportedly born in South Waziristan, Pakistan, and believed to be residing in Pakistan. Emir of Tehrik-i-Taliban Pakistan (not listed) for Southwest Waziristan Agency, Federally Administered Tribal Areas, Pakistan. On 20 October 2010, the Committee also approved the changes of entries to its Consolidated List. The details of the changes are as follows: CcHDSA C. Individuals associated with Al-Qaida Name : 1: AHMED 2: KHALFAN 3: GHAILANI 4: na Date of Birth : a) 14 Mar. 1974 b) 13 Apr. 1974 c) 14 Apr. 1974 d) 1 Aug. 1970 Place of Birth : Zanzibar, Tanzania Good quality a.k.a. : a) Ahmad, Abu Bakr b) Ahmed, Abubakar c) Ahmed, Abubakar K. d) Ahmed, Abubakar Khalfan e) Ahmed, Abubakary K. f) Ahmed, Ahmed Khalfan g) Ali, Ahmed Khalfan h) Ghailani, Abubakary Khalfan Ahmed i) Ghailani, Ahmed j) Ghilani, Ahmad Khalafan k) Hussein, Mahafudh Abubakar Ahmed Abdallah l) Khalfan, Ahmed m) Mohammed, Shariff Omar n) Haythem al-Kini Low quality a.k.a. : a) Ahmed The Tanzanian b) Foopie c) Fupi d) Ahmed, A e) Al Tanzani, Ahmad f) Bakr, Abu g) Khabar, Abu Nationality : Tanzanian Address : United States of America Listed on : 17 Oct. 2001 (amended on 27 Jul. 2007, 21 Oct. 2010 ) Other information : Apprehended in July 2004 and in custody for trial in the United States of America, as at October 2010 . Review pursuant to Security Council resolution 1822 (2008) was concluded on 21 Jun. 2010. Name : 1: KHALID 2: ABD AL-RAHMAN 3: HAMD 4: AL-FAWAZ Name (original script) : Date of Birth : 24 Aug. 1962 Place of Birth : Kuwait Good quality a.k.a. : a) Al-Fauwaz, Khaled b) Al-Fauwaz, Khaled A. c) Al-Fawwaz, Khalid d) Al Fawwaz, Khalik e) Al-Fawwaz, Khaled f) Al Fawwaz, Khaled g) Khalid Abdulrahman H. Al Fawaz Nationality : Saudi Arabian Passport no. : Passport number 456682, issued on 6 Nov. 1990, expired on 13 Sep. 1995 Address : London, United Kingdom Listed on : 24 Apr. 2002 (amended on 26 Nov. 2004, 23 Apr. 2007, 21 Oct. 2010 ) Other information : In custody in the United Kingdom as at October 2009 . Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Apr. 2010. Name : 1: MOSTAFA 2: KAMEL 3: MOSTAFA 4: IBRAHIM Name (original script) : Date of Birth : 15 Apr. 1958 Place of Birth : Alexandria, Egypt Good quality a.k.a. : a) Mustafa Kamel Mustafa b) Adam Ramsey Eaman c) Kamel Mustapha Mustapha d) Mustapha Kamel Mustapha e) Abu Hamza f) Mostafa Kamel Mostafa Low quality a.k.a. : a) Abu Hamza Al-Masri b) Al-Masri, Abu Hamza c) Al-Misri, Abu Hamza Nationality : British Address : a) 9 Aldbourne Road, Shepherds Bush, London, W12 OLW, United Kingdom b) 8 Adie Road, Hammersmith, London, W6 OPW, United Kingdom Listed on : 24 Apr. 2002 (amended on 26 Nov. 2004, 25 Jul. 2006, 14 Mar. 2008, 21 Oct. 2010 ) Other information : In detention in the United Kingdom as at November 2009. Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Apr. 2010. Name : 1: FETHI 2: BEN AL-RABEI 3: BEN ABSHA 4: MNASRI Name (original script) : Date of Birth : 6 Mar. 1969 Place of Birth : Al-Sanadil Farm, Nafzah, Governorate of Baja, Tunisia Good quality a.k.a. : a) Mnasri Fethi ben Rebai, born 6 Mar. 1963 in Tunisia b) Mnasri Fethi ben Rebaj, born 3 Jun. 1963 in Algeria c) Mnasri Fethi ben al-Rabai, born 6 Mar. 1963 in Algeria d) Mnasri Fethi ben Rabaj, born 6 Mar. 1963 in Tunisia e) Fethi Alic Low quality a.k.a. : a) Amor b) Omar Abu c) Omar Tounsi d) Amar Nationality : Tunisian Passport no. : Tunisian passport number L 497470 issued on 3 Jun. 1997, expired on 2 Jun. 2002 Address : Birmingham, United Kingdom Listed on : 25 Jun. 2003 (amended on 20 Dec. 2005, 31 Jul. 2006, 17 Oct. 2007, 17 Nov. 2009, 21 Oct. 2010 ) Other information : Mother's name is Fatima Balayish . Review pursuant to Security Council resolution 1822 (2008) was concluded on 16 Jul. 2010. Name : 1: AHMED 2: HOSNI 3: RARRBO 4: na Name (original script) : Date of Birth : 12 Sep. 1974 Place of Birth : Bologhine, Algeria Good quality a.k.a. : a) Rarrbo Abdallah b) Rarrbo Abdullah c) Rarrbo Ahmed Hosni, born 12 Sep. 1974 in France Nationality : Algerian Address : Algeria Listed on : 25 Jun. 2003 (amended on 17 Oct. 2007, 7 Apr. 2008, 21 Oct. 2010 ) Other information : Review pursuant to Security Council resolution 1822 (2008) was concluded on 15 Jun. 2010. Name : 1: MAXAMED 2: CABDULLAAH 3: CIISE 4: na Date of Birth : 8 Oct. 1974 Place of Birth : Kismaayo, Somalia Good quality a.k.a. : a) Maxamed Cabdullaahi Ciise b) Maxammed Cabdullaahi c) Cabdullah Mayamed Ciise Low quality a.k.a. : na Nationality : Somali National identification no. : United Kingdom identification number PX910063D Address : Somalia Listed on : 12 Nov. 2003 (amended on 9 Sep. 2005, 30 Jan. 2009, 20 Apr. 2009, 21 Oct. 2010 ) Other information : Present in Somalia as of Apr. 2009 following transfer from United Kingdom. Review pursuant to Security Council resolution 1822 (2008) was concluded on 21 Jun. 2010. D. Entities and other groups and undertakings associated with Al-Qaida Name : BARAKAT TELECOMMUNICATIONS COMPANY LIMITED A.k.a. : BTELCO F.k.a. : na Address : Bakara Market, Dar Salaam Building, Mogadishu, Somalia Listed on : 9 Nov. 2001 (amended on 21 Oct. 2010) Other information : Office closed and defunct in the Netherlands as at Aug. 2009. Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Jun. 2010. Name : ANSAR AL-ISLAM Name (original script) : A.k.a. : a) Devotees of Islam b) Jund al-Islam c) Soldiers of Islam d) Kurdistan Supporters of Islam e) Followers of Islam in Kurdistan f) Kurdish Taliban g) Soldiers of God h) Ansar al-Sunna Army i) Ansar al-Sunna j) Supporters of Islam in Kurdistan k) Jaish Ansar al-Sunna F.k.a. : na Listed on : 24 Feb. 2003 (amended on 31 Mar. 2004, 5 Mar. 2009, 18 Mar. 2009, 21 Oct. 2010 ) Other information : Associated with Al-Qaida (QE.A.4.01.) and Al-Qaida in Iraq (QE.J.115.04). Located and primarily active in northern Iraq but maintains a presence in western and central Iraq. Review pursuant to Security Council resolution 1822 (2008) was concluded on 21 Jun. 2010. Name : MEADOWBROOK INVESTMENTS LIMITED A.k.a. : na F.k.a. : na Address : 44 Upper Belgrave Road, Clifton, Bristol, BS8 2XN, United Kingdom Listed on : 7 Feb. 2006 (amended on 21 Oct. 2010) Other information : Registration number: 05059698. Associated with Mohammed Benhammedi (QI.B.213.06) . Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Dec. 2009. Name : OZLAM PROPERTIES LIMITED A.k.a. : na F.k.a. : na Address : 88 Smithdown Road, Liverpool, L7 4JQ, United Kingdom Listed on : 7 Feb. 2006 (amended on 21 Oct. 2010) Other information : Registration number: 05258730. Associated with Mohammed Benhammedi (QI.B.213.06) . Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Dec. 2009. Name : SARA PROPERTIES LIMITED A.k.a. : Sara Properties F.k.a. : na Address : a) 104 Smithdown Road, Liverpool, Merseyside L7 4JQ, United Kingdom b) 2a Hartington Road, Liverpool L8 OSG, United Kingdom Listed on : 7 Feb. 2006 (amended on 21 Oct. 2010) Other information : Registration number: 4636613. Associated with Mohammed Benhammedi (QI.B.213.06) . Review pursuant to Security Council resolution 1822 (2008) was concluded on 22 Dec. 2009. Except for FETHI BEN AL-RABEI BEN ABSHA MNASRI (subject of AMLC Resolution No. 13 dated 17 February 2010); MAXAMED CABDULLAAH CIISE (subject of AMLC Resolution No. 300 dated 25 November 2003); ANSAR AL-ISLAM (subject of AMLC Resolution No. 226 dated 21 March 2003); MEADOWBROOK INVESTMENTS LIMITED; OZLAM PROPERTIES LIMITED and SARA PROPERTIES LIMITED (subject of AMLC Resolution No. 24 dated 22 March 2006), the above individuals and entities have not been subject of any previous Resolutions of the AMLC. ITADaE The inclusion of HAKIMULLAH MEHSUD; WALI UR REHMAN; AHMED KHALFAN GHAILANI; KHALID ABD AL-RAHMAN HAMD AL-FAWAZ; MOSTAFA KAMEL MOSTAFA IBRAHIM; FETHI BEN AL-RABEI BEN ABSHA MNASRI; AHMED HOSNI RARRBO; MAXAMED CABDULLAAH CIISE; BARAKAT TELECOMMUNICATIONS COMPANY LIMITED; ANSAR AL-ISLAM; MEADOWBROOK INVESTMENTS LIMITED; OZLAM PROPERTIES LIMITED and SARA PROPERTIES LIMITED in the 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; (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; TaCSAD 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 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 HAKIMULLAH MEHSUD; WALI UR REHMAN; AHMED KHALFAN GHAILANI; KHALID ABD AL-RAHMAN HAMD AL-FAWAZ; MOSTAFA KAMEL MOSTAFA IBRAHIM; FETHI BEN AL-RABEI BEN ABSHA MNASRI; AHMED HOSNI RARRBO; MAXAMED CABDULLAAH CIISE; BARAKAT TELECOMMUNICATIONS COMPANY LIMITED; ANSAR AL-ISLAM; MEADOWBROOK INVESTMENTS LIMITED; OZLAM PROPERTIES LIMITED and SARA PROPERTIES LIMITED, including all transactions that occurred within the past five (5) years counting from the date of receipt of this Resolution; (2) Authorize the AMLC Secretariat to file, through the Office of the Solicitor General (OSG), a petition to freeze the bank account/s and other assets, if any, of the aforementioned individuals and entities; (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. EHCcIT (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").