AMLC Resolution No. 52, s. 2012

May 23, 2012 AMLC RESOLUTION NO. 52, S. 2012 In its Memorandum dated 16 May 2012, the AMLC Secretariat (AMLCS) reported to the Council that: On 26 March 2012, Assistant Secretary Eduardo Martin R. Meez of the Office of United Nations and Other International Organizations, Department of Foreign Affairs furnished the Anti-Money Laundering Council Secretariat (AMLCS) a copy of Note No. SCA/13/12(03) dated 14 March 2012 of the Chairperson of the United Nations Security Council (UNSC) Committee established pursuant to Resolution 1970 (2011) on Libya. The Note contains information about amendments on an entry in the List of Individuals and Entities ("List") subject to travel ban and/or asset freeze. TESDcA The details of the amendments are as follows: 10. Qadhafi, Saadi Commander Special Passport number: (Listed on Forces. a) 014797 26 February 2011 Son of Muammar b) 524521 pursuant to Qadhafi. DOB: a) 27 May paragraph 15 of Closeness of 1973 Resolution 1970; association with b) 01 January on 17 March 2011 regime. Command of 1975 pursuant to military units involved POB :Tripoli, Libya paragraph 17 of in repression of Resolution 1970) demonstrations Similarly, on 19 April 2012, Officer-in-Charge Antonio A. Morales of the Office of the Undersecretary for Special and Ocean Concerns, Department of Foreign Affairs, in a letter addressed to Honorable Amando M. Tetangco, Jr. furnished the AMLCS a copy of a Note Verbale (Ref.: SCA/13/12(05)) dated 2 April 2012 of the Chair of the UNSC Committee established pursuant to Resolution 1970 (2011). The Note pertains to the updates in the List, the details of those subject to asset freeze are as follows: Name Justification Identifiers 2. Jabir, Major General Abu Position: Defence Title: Major Bakr Yunis (Listed on 26 Minister. Overall General February 2011 pursuant responsibility for DOB: 1952 to paragraph 15 of actions of armed POB: Jalo, Libya Resolution 1970; on 17 forces. Believed March 2011 pursuant to status/location: paragraph 17 of deceased Resolution 1970) 3. Matuq, Matuq Position: Secretary DOB: 1956 Mohammed (Listed on for Utilities. Senior POB: Khoms, 26 February 2011 member of regime. Libya pursuant to paragraph Involvement with Believed 15 of Resolution 1970; Revolutionary status/location: on 17 March 2011 Committees. Past Unknown, pursuant to paragraph history of believed 17 of Resolution 1970) involvement in captured suppression of dissent and violence. 4. Qadhafi, Aisha Daughter of DOB: 1978 Muammar (Listed on 26 Muammar Qadhafi. POB: Tripoli, February 2011 pursuant Closeness of Libya to paragraph 15 of association with Believed Resolution 1970; on 17 regime. status/location: March 2011 pursuant to Algeria paragraph 17 of Resolution 1970) 5. Qadhafi, Hannibal Son of Muammar Passport Muammar (Listed on 26 Qadhafi. Closeness number: February 2011 pursuant of association with B/002210 to paragraph 15 of regime. DOB: 20 Resolution 1970; on 17 September 1975 March 2011 pursuant to POB: Tripoli, paragraph 17 of Libya Resolution 1970) Believed status/location: Algeria 6. Qadhafi, Khamis Son of Muammar DOB: 1978 Muammar (Listed on 26 Qadhafi. Closeness POB: Tripoli, February 2011 pursuant of association with Libya to paragraph 15 of regime. Command Believed Resolution 1970; on 17 of military units status/location: March 2011 pursuant to involved in deceased paragraph 17 of repression of Resolution 1970) demonstrations. 7. Qadhafi, Mohammed Son of Muammar DOB: 1970 Muammar (Listed on 26 Qadhafi. Closeness POB: Tripoli, February 2011 pursuant of association with Libya to paragraph 15 of regime. Believed Resolution 1970; on 17 status/location: March 2011 pursuant to Algeria paragraph 17 of Resolution 1970) 8. Qadhafi, Muammar Leader of the DOB: 1942 Mohammed Abu Minyar Revolution, Supreme POB: Sirte, Libya (Listed on 26 February Commander of Believed 2011 pursuant to Armed Forces. status/location: paragraph 15 of Responsibility for deceased Resolution 1970; on 17 ordering repression March 2011 pursuant to of demonstrations, paragraph 17 of human rights Resolution 1970) abuses. 9. Qadhafi, Mutassim National Security DOB: 1976 (Listed on 26 February Adviser. Son of POB: Tripoli, 2011 pursuant to Muammar Qadhafi. Libya paragraph 15 of Closeness of Believed Resolution 1970; on 17 association with status/location: March 2011 pursuant to regime. deceased paragraph 17 of Resolution 1970) 10. Qadhafi, Saadi (Listed on Commander Special Passport 26 February 2011 Forces. Son of number: a) pursuant to paragraph Muammar Qadhafi. 014797 15 of Resolution 1970; Closeness of b) 524521 on 17 March 2011 association with DOB: pursuant to paragraph regime. Command a) 27 May 1973 17 of Resolution 1970) of military units b) 01 January involved in 1975 repression of POB: Tripoli, demonstrations. Libya Believed status/location: Niger 11. Qadhafi, Saif al-Arab Son of Muammar DOB: 1982 (Listed on 26 February Qadhafi. Closeness POB: Tripoli, 2011 pursuant to of association with Libya paragraph 15 of regime. Believed Resolution 1970; on 17 status/location: March 2011 pursuant to deceased paragraph 17 of Resolution 1970) 12. Qadhafi, Saif al-Islam Director, Qadhafi Passport (Listed on 26 February Foundation. Son of number: 2011 pursuant to Muammar Qadhafi. B014995 paragraph 15 of Closeness of DOB: 25 June Resolution 1970; on 17 association with 1972 March 2011 pursuant to regime. POB: Tripoli, paragraph 17 of Inflammatory public Libya Resolution 1970) statements Believed encouraging status/location: violence against in custody in demonstrators. Libya 14. AL-BARASSI, Safia Married to Muammar DOB: 1952 Farkash QADHAFI since POB: Al Bayda, (Listed on 24 June 2011 1970. Significant Libya pursuant to paragraph personal wealth, Believed 15 of Resolution 1970 which could be used status/location: and paragraph 19 of for regime purposes. Algeria Resolution 1973) Her sister Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence. On 3 May 2011, the AMLC issued Resolution No. 39-A relative to the inclusion in the List of Qadhafi, Saadi; Jabir, Major General Abu Bakr Yunis; Qadhafi, Aisha Muammar; Qadhafi, Hannibal Muammar; Qadhafi, Khamis Muammar; Qadhafi, Mohammed Muammar; Qadhafi, Muammar Mohammed Abu Minyar; Qadhafi, Mutassim; Qadhafi, Saadi; Qadhafi, Saif al-Arab; and Qadhafi, Saif al-Isla. Similarly, on 16 September 2011, the AMLC issued Resolution No. 104 on the inclusion of AL-BARASSI, Safia Farkash in the List. Both Resolutions informed covered institutions of the said inclusion and direct them to submit to the AMLC reports on suspicious transactions, if any, involving the said individuals. The UNSC Resolution 1970 (2011), adopted on 26 February 2011, as well as UNSC Resolution 1973 (2011) adopted on 17 March 2011, provide that: "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, aAHISE 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;" CacTIE 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, provides: "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 in the List 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) Inform all covered institutions of the following updates in the List of Individuals and Entities subject to asset freeze imposed by paragraph 17 of UNSC Resolution 1970 (2011) and paragraph 19 of UNSC Resolution 1973 (2011): Name Justification Identifiers Jabir, Major General Abu Position: Defence Title: Major Bakr Yunis (Listed on 26 Minister. Overall General February 2011 pursuant responsibility for DOB: 1952 to paragraph 15 of actions of armed POB: Jalo, Libya Resolution 1970; on 17 forces. Believed March 2011 pursuant to status/location: paragraph 17 of deceased Resolution 1970) Matuq, Matuq Position: Secretary for DOB: 1956 Mohammed (Listed on 26 Utilities. Senior POB: Khoms, Libya February 2011 pursuant member of regime. Believed to paragraph 15 of Involvement with status/location: Resolution 1970; on 17 Revolutionary Unknown, March 2011 pursuant to Committees. Past believed captured paragraph 17 of history of involvement Resolution 1970) in suppression of dissent and violence. Qadhafi, Aisha Muammar Daughter of DOB: 1978 (Listed on 26 February Muammar Qadhafi. POB: Tripoli, Libya 2011 pursuant to Closeness of Believed paragraph 15 of association with status/location: Resolution 1970; on 17 regime. Algeria March 2011 pursuant to paragraph 17 of Resolution 1970) Qadhafi, Hannibal Son of Muammar Passport number: Muammar (Listed on 26 Qadhafi. Closeness of B/002210 February 2011 pursuant association with DOB: 20 to paragraph 15 of regime. September 1975 Resolution 1970; on 17 POB: Tripoli, Libya March 2011 pursuant to Believed paragraph 17 of status/location: Resolution 1970) Algeria Qadhafi, Khamis Son of Muammar DOB: 1978 Muammar (Listed on 26 Qadhafi. Closeness of POB: Tripoli, Libya February 2011 pursuant association with Believed to paragraph 15 of regime. Command of status/location: Resolution 1970; on 17 military units involved deceased March 2011 pursuant to in repression of paragraph 17 of demonstrations. Resolution 1970) Qadhafi, Mohammed Son of Muammar DOB: 1970 Muammar (Listed on 26 Qadhafi. Closeness of POB: Tripoli, Libya February 2011 pursuant association with Believed to paragraph 15 of regime. status/location: Resolution 1970; on 17 Algeria March 2011 pursuant to paragraph 17 of Resolution 1970) Qadhafi, Muammar Leader of the DOB: 1942 Mohammed Abu Minyar Revolution, Supreme POB: Sirte, Libya (Listed on 26 February Commander of Armed Believed 2011 pursuant to Forces. Responsibility status/location: paragraph 15 of for ordering deceased Resolution 1970; on 17 repression of March 2011 pursuant to demonstrations, paragraph 17 of human rights abuses. Resolution 1970) Qadhafi, Mutassim National Security DOB: 1976 (Listed on 26 February Adviser. Son of POB: Tripoli, 2011 pursuant to Muammar Qadhafi. Libya paragraph 15 of Closeness of Believed Resolution 1970; on 17 association with status/location: March 2011 pursuant to regime. deceased paragraph 17 of Resolution 1970) Qadhafi, Saadi (Listed on Commander Special Passport number: 26 February 2011 Forces. Son of a) 014797 pursuant to paragraph 15 Muammar Qadhafi. b) 524521 of Resolution 1970; on 17 Closeness of DOB: a) 27 May March 2011 pursuant to association with 1973 b) 01 paragraph 17 of regime. Command of January 1975 Resolution 1970) military units involved POB: Tripoli, Libya in repression of Believed demonstrations. status/location: Niger Qadhafi, Saif al-Arab Son of Muammar DOB: 1982 (Listed on 26 February Qadhafi. Closeness of POB: Tripoli, Libya 2011 pursuant to association with Believed paragraph 15 of regime. status/location: Resolution 1970; on 17 deceased March 2011 pursuant to paragraph 17 of Resolution 1970) Qadhafi, Saif al-Islam Director, Qadhafi Passport (Listed on 26 February Foundation. Son of number: 2011 pursuant to Muammar Qadhafi. B014995 paragraph 15 of Closeness of DOB: 25 June Resolution 1970; on 17 association with 1972 March 2011 pursuant regime. Inflammatory POB: Tripoli, to paragraph 17 of public statements Libya Resolution 1970) encouraging violence Believed against demonstrators. status/location: in custody in Libya AL-BARASSI, Safia Married to Muamar DOB: 1952 Farkash QADHAFI since 1970. POB: Al Bayda, (Listed on 24 June 2011 Significant personal Libya pursuant to paragraph wealth, which could be Believed 15 of Resolution 1970 used for regime status/location: and paragraph 19 of purposes. Her sister Algeria Resolution 1973) Fatima FARKASH is married to ABDALLAH SANUSSI, head of Libyan military intelligence. (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. May 23, 2012, Manila, Philippines. TADCSE (SGD.) AMANDO M. TETANGCO, JR. Chairman (Bangko Sentral ng Pilipinas) (SGD.) TERESITA J. HERBOSA Member (Chairperson, Securities and Exchange Commission) (SGD.) EMMANUEL F. DOOC Member (Commissioner, Insurance Commission)