AMLC Resolution No. 42, s. 2010

June 9, 2010 AMLC RESOLUTION NO. 42, S. 2010 In its Memorandum dated 3 June 2010, the Secretariat reported to the Council that: TaDAIS On 22 April 2010, the Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of the following two entries to its Consolidated List of individuals subject to the asset 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. Individuals associated with Al-Qaida Name: 1: MOHAMED 2: BELKALEM 3: na 4: na Name (original script): Date of birth: 19 December 1969 Place of birth: Hussein Dey, Algiers, Algeria A.k.a.: a) Abdelali Abou Dher b) El Harrachi Nationality: Algerian Address: Mali Listed on: 22 April 2010 Other information: Convicted in absentia by Algerian tribunal on 28 March 1996. Algerian international arrest warrant number 03/09 of 6 June 2009 issued by the Tribunal of Sidi Mhamed, Algiers, Algeria. Algerian extradition request number 2307/09 of 3 September 2009, presented to Malian authorities. INTERPOL File No. 19231/2009 of 26 June 2009; Control No. A-1819/6-2009. Father's name is Ali Belkalem. Mother's name is Fatma Saadoudi. Member of The Organization of Al-Qaida in the Islamic Maghreb (QE.T.14.01.) Name: 1: TAYEB 2: NAIL 3: na 4: na Name (original script): Date of birth: Approximately 1972 Place of birth: Faidh El Batma, Djelfa, Algeria A.k.a.: a) Djaafar Abou Mohamed b) Abou Mouhadjir c) Mohamed Ould Ahmed Ould Ali, born in 1976 Nationality: Algerian Address: Mali Listed on: 22 April 2010 Other information: Convicted in absentia by Algerian tribunal on 28 March 1996. Algerian international arrest warrant number 04/09 of 6 June 2009 issued by the Tribunal of Sidi Mhamed, Algiers, Algeria. Algerian extradition request number 2307/09 of 3 September 2009, presented to Malian authorities. INTERPOL File No. 19230/2009 of 26 June 2009; Control No. A-1818/6-2009. Father's name was Benazouz Nail. Mother's name is Belkheiri Oum El Kheir. Member of The Organization of Al-Qaida in the Islamic Maghreb (QE.T.14.01.) The inclusion of MOHAMED BELKALEM and TAYEB NAIL in the list of the UN Security Council validates their being associated with Al-Qaida, a known terrorist organization. United Nations Security Council Resolution (UNSCR) 1373 adopted by the Security Council at its 4385th meeting on 28 September 2001 provides: "The Security Council, cHAaCE 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: cCTaSH (1) to require and receive covered or suspicious transaction reports from covered institutions; 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 of covered or suspicious transactions, if any, involving MOHAMED BELKALEM and TAYEB NAIL or any persons acting on their behalf. 2. Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. June 9, 2010, Manila, Philippines. DSATCI (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) SANTIAGO JAVIER RAADA Member (Commissioner, Insurance Commission)