AMLC Resolution No. 55, s. 2012

May 23, 2012 AMLC RESOLUTION NO. 55, S. 2012 In its Memorandum dated 17 May 2012, the Anti-Money Laundering Council Secretariat (AMLC Secretariat) reported to the Council that: On 12 March 2012, the United Nations Security Council Committee pursuant to Resolutions 1267 (1999) and 1989 (2011) approved the addition of the three entries specified below to its Al-Qaida Sanctions List of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 of Security Council Resolution 1989 (2011) adopted under Chapter VII of the Charter of the United Nations: A. Individuals associated with Al-Qaida Name: 1: MOCHAMMAD 2: ACHWAN 3: na 4: na Date of Birth: a) 4 May 1948 b) 4 May 1946 Place of Birth: Tulungagung, Indonesia Good quality a.k.a.: a) Muhammad Achwan b) Muhammad Akhwan c) Mochtar Achwan d) Mochtar Akhwan e) Mochtar Akwan Nationality: Indonesian National identification no.: Indonesian National Identity Card Number 3573010405480001 under name Mochammad Achwan Address: Jalan Ir. H. Juanda 8/10, RT/RW 002/001, Jodipan, Blimbing, Malang, Indonesia Listed on: 12 Mar. 2012 Other information: Acting emir of Jemmah Anshorut Tauhid (JAT) (QE.J.133.12.). Associated with Abu Bakar Ba'asyir (QI.B.217.06), Abdul Rahim Ba'aysir (QI.B.293.11) and Jemaah Islamiyah (QE.J.92.02.). Mochammad Achwan was listed on 12 March 2012 pursuant to paragraphs 4 of Resolution 1989 (2011) as being associated with Al-Qaida for "participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of" or "otherwise supporting acts or activities of" Jamaah Anshorut Tauhid (QE.J.XXX.12) and Jemaah Islamiya (QE.J.92.02). SaHTCE Additional information: Mochammad Achwan is the acting leader of Jamaah Anshorut Tauhid (QE.J.133.12) ("JAT"), an Indonesia-based militant group. In August 2010, Abu Bakar Ba'asyir (QI.B.217.06), a leading figure in JAT and Jemaah Islamiyah (QE.J.92.02), appointed Achwan as acting and supreme leader of JAT. Achwan had served on JAT's executive council since 2008. Achwan has performed a number of leadership duties in JAT, overseeing the allocation of funds and promoting its terrorist training, recruitment, and operations. In May 2011, Achwan hosted a meeting in Jakarta, Indonesia, to discuss JAT's financial status and methods for finding new revenue sources and donations. Later, in June of 2011, Achwan requested that certain JAT funds be given to senior Jemaah Islamiyah network leader and Al-Qaida (QE.A.4.01) operative Abdul Rahim Ba'asyir (QI.B.293.11). In late 2010, Achwan inducted new JAT recruits and instructed its members to participate in physical training to prepare for acts of violence. Also in late 2010, Achwan directed paramilitary training in Poso, Indonesia, with another Jemaah Islamiyah and JAT member. In November 2010, Achwan instructed JAT's "Laskar 99" (a special JAT unit involved in weapons training) to unconditionally support violent activities throughout the world, and informed them about weapons available to members with the requisite training. In an August 2010 Indonesian press interview, Achwan said he had no intention of giving up his "obligation" to wage violence, and he condoned the use of violence against the Indonesian police's anti-terrorism squad Detachment 88. Achwan also praised Jemaah Islamiyah militants Dulmatin (deceased) and Imam Samudra (executed in 2008 for his role in the 2002 Bali bombings, which killed 202 people). In 2009 or 2010, Achwan provided funding for a camp in Aceh, Indonesia which gathered militants from various regional groups under the leadership of Jemaah Islamiyah operative Dulmatin. The militants, using the name "Al-Qaida in Aceh," plotted to kill aid workers and tourists. Elements of Jemaah Islamiyah and several other groups organized the Aceh camp's military training, and several leading Jemaah Islamiyah figures were involved with the camp between January 2009 and February 2010. As of 2007, Achwan was a leader of Jemaah Islamiyah in Eastern Java, Indonesia. Then-Jemaah Islamiyah leader Abu Bakar Ba'asyir tasked Achwan with establishing a logistical hub for Jemaah Islamiyah to plan and prepare attacks. cSIACD Name: 1: ABDUL 2: ROSYID 3: RIDHO 4: BA'ASYIR Date of Birth: 31 Jan. 1974 Place of Birth: Sukoharjo, Indonesia Good quality a.k.a.: a) Abdul Rosyid Ridho Bashir b) Rashid Rida Ba'aysir c) Rashid Rida Bashir Nationality: Indonesian National identification no.: Indonesian National Identity Card number 1127083101740003 under name Abdul Rosyid Ridho Ba'asyir Address: Podok Pesantren AL Wayain Ngrandu, Sumber Agung Magetan, East Java, Indonesia Listed on: 12 Mar. 2012 Other information: Father's name is Abu Bakar Ba'asyir (QI.B.217.06.). Brother of Abdul Rahim Ba'aysir (QI.B.293.11). Belongs to the leadership of and is involved in recruitment and fundraising for Jemmah Anshorut Tauhid (JAT) (QE.J.133.12.) Associated with Jemaah Islamiyah (QE.J.92.02.). Abdul Rosyid Ridho Ba'asyir was listed on 12 March 2012 pursuant to paragraphs 4 of Resolution 1989 (2011) as being associated with Al-Qaida for "participating in the financing, planning, facilitating, preparing, or perpetrating acts or activities by, in conjunction with, under the name of, on behalf of, or in support of" or "otherwise supporting acts or activites of" Jamaah Anshorut Tauhid (QE.J.133.12) and Jemaah Islamiya (QE.J.92.02). Additional information: Abdul Rosyid Ridho Ba'asyir is a Jemmah Anshorut Tauhid (QE.J.133.12) ("JAT") leadership figure involved in recruiting members and raising funds. Abdul Rosyid served on JAT's executive council as of 2010. As of February 2011, Abdul Rosyid was taking an increasingly responsible role in JAT's "Laskar 99" (a special JAT unit involved in weapons training), overseeing the unit's routine management functions. As of April 2010, he had started to recruit snipers and explosives specialists to be trained for suicide operations. As director of an Indonesian boarding school, Abdul Rosyid's main function was to proselytize and recruit his students for membership in JAT. Abdul Rosyid led discussions in 2008 with various Jemaah Islamiyah (QE.J.92.02) officials, probably for the purpose of recruiting new members into JAT. In early 2010, Abdul Rosyid traveled to a boarding school in Malaysia on orders from Abu Bakar Ba'asyir (QI.B.217.06), the JAT leader and Jemaah Islamiyah co-founder, to conduct fundraising for JAT. Abu Bakar Ba'asyir wanted the school to increase and accelerate the pace of funding to JAT. Abdul Rosyid also traveled to South Asia to fundraise for JAT in January 2011 under the direction of Abu Bakar Ba'asyir. CScTED B. Entities and other groups and undertakings associated with Al-Qaida Name: JEMMAH ANSHORUT TAUHID (JAT) A.k.a.: a) Jemaah Anshorut Tauhid b) Jemmah Ansharut Tauhid c) Jem'mah Ansharut Tauhid d) Jamaah Ansharut Tauhid e) Jama'ah Ansharut Tauhid f) Laskar 99 Address: JI. Semenromo number 58, 04/XV Ngruki, Cemani, Grogol, Sukoharjo, Jawa Tengah, Indonesia, Telephone: 0271-2167285, Email: [emailprotected] Listed on: 12 Mar. 2012 Other information: Founded and led by Abu Bakar Ba'asyir (QI.B.217.06.). Established on 27 Jul. 2008 in Solo, Indonesia. Associated with Jemmah Islamiya (JI) (QE.J.92.02.). Website: http:/ansharuttauhid.com/ Jemmah Anshorut Tauhid was listed on 12 March 2012 pursuant to paragraphs 4 of Resolution 1989 (2011) as being associated with Al-Qaida for "participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of" or "otherwise supporting acts or activities of" Al-Qaida (QE.A.4.01) and/or Jamaah Islamiyah (QE.J.92.02). Additional information: Jemmah Anshorut Tauhid ("JAT") is an Indonesia-based militant group responsible for numerous attacks that have resulted in the deaths of Indonesian civilians, military and police personnel. JAT claims to seek to establish an Islamic caliphate in Indonesia. JAT's aims and methods in promoting terrorism in Indonesia show its support for Al-Qaida (QE.A.4.01). JAT was formed on July 27, 2008 in Solo, Indonesia. The founder and leader of JAT, Abu Bakar Ba'asyir (QI.B.217.06), was convicted and sentenced in 2011 to 15 years in prison for his role in organizing a militant training camp in Aceh, Indonesia. Ba'asyir is also the co-founder and former leader of Jemah Islamiyah (QE.J.92.02), the organization responsible for the 2002 Bali nightclub bombings that killed more than 200 people. On September 25, 2011, a member of JAT detonated explosives attached to his body inside a Christian church in Central Java, wounding dozens. Indonesian police arrested other JAT members in connection with this bombing and uncovered a plot for additional suicide attacks. In April 2011, a suicide bomber attacked a mosque in a police compound in West Java, injuring dozens of police officers. Police arrested several JAT members in connection with this bombing. JAT has conducted bank robberies and other criminal activities to fund the purchase of weapons and bomb-making materials. On 12 April 2012, the United Nations Security Council Committee pursuant to Resolutions 1267 (1999) and 1989 (2011) approved the addition of the entry specified below to its Al-Qaida Sanctions List of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 of Security Council Resolution 1989 (2011) adopted under Chapter VII of the Charter of the United Nations. DAESTI A. Individuals associated with Al-Qaida Name: 1: SON 2: HADI 3: BIN MUHADJIR 4: na Date of Birth: 12 May 1971 Place of Birth: Pasuran, East Java, Indonesia Good quality a.k.a.: a) Son Hadi bin Muhadjr b) Son bn Hadi Muhadjir c) Son Hadi bin Mujahir Nationality: Indonesian Passport no.: Indonesian passport number R057803 under name Son bn Hadi Muhadjir National identification no.: Indonesian National Identity Card number 3514131205710004 under name Son Hadi Address: Jalan Raya, Gongdanglegi, RT/RW 1/13 Cangkring Malang, Beji, Pasuran 67154, East Java, Indonesia Listed on: 13 Apr. 2012 Other information: Spokesperson and director of Media Center of Jemmah Anshorut Tauhid (JAT) (QE.J.133.12.). Associated with Mochammad Achwan (QI.A.304.12.) and Jemaah Islamiyah (QE.J.92.02.). Son Hadi bin Muhadjir was listed on 13 April 2012 pursuant to paragraphs 4 of Resolution 1989 (2011) as being associated with Al-Qaida for "participating in the financing, planning, facilitating, preparing, or perpetrating of acts or activities by, in conjunction with, under the name of, on behalf of, or in support of" or "otherwise supporting acts or activites of" Jamaah Anshorut Tauhid (QE.J.133.12) and Jemaah Islamiya (QE.J.92.02). Additional information: Son Hadi bin Muhadjir has been the Jemmah Anshorut Tauhid (QE.J.133.12) ("JAT") spokesperson and has provided support to the Jemaah Islamiya (QE.J.92.02) network's operations. As of March 2011, Son Hadi received operational guidance directly from JAT's senior leadership, specifically acting emir Mochammad Achwan. As of June 2011, Son Hadi was director of the Jemmah Anshorut Tauhid Media Center. He professed support for Al-Qaida in a May 2011 press interview. In 2009, Son Hadi held a leadership position in a regional JAT office as secretary for proselytizing efforts in East Java, Indonesia. Son Hadi has been a longtime Jemaah Islamiya supporter. In 2004, Son Hadi became the leader of Jemaah Islamiya's administrative region in East Java, Indonesia. Between 1997 and 2004, Son Hadi worked alongside a Jemaah Islamiya official in a foundation that had been a center of that organization's activities in Surabaya, Indonesia at the time. Son Hadi was arrested in 2004 for harboring now-deceased senior Jemaah Islamiya operative Noordin Mat Top and sentenced to four years in jail. Son Hadi also was involved in Jemaah Islamiya's 2004 bombing of the Australian Embassy in Jakarta, Indonesia, which killed nine people and injured 182 others. AEIcTD On 13 April 2012, the Committee also enacted the amendments specified with strikethrough and underline in the entries below to its List of individuals and entities 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. B. Entities and other groups and undertakings associated with Al-Qaida Name: AL-HARAMAIN: THE NETHERLANDS BRANCH A.k.a.: Stichting Al Haramain Humanitarian Aid Address: Jan Hanzenstraat 114, 1053SV, Amsterdam, The Netherlands ( at time of listing ) Listed on: 6 Jul. 2004 ( amended on 13 Apr. 2012 ) Other information: The founder and former leader is Aqeel Abdulaziz Aqeel al-Aqeel (QI.A.171.04) who was also chairman of its board of directors. Review pursuant to Security Council resolution 1822 (2008) was concluded on 28 Jun. 2010. Name: MOVEMENT FOR REFORM IN ARABIA Name (original script): A.k.a.: a) Movement for Islamic Reform in Arabia b) MIRA c) Al Islah (Reform) d) MRA e) Al-Harakat al-Islamiyah lil-Islah f) Islamic Movement for Reform g) Movement for (Islamic) Reform in Arabia Ltd. h) Movement for Reform in Arabia Ltd. Address: BM Box: MIRA, London WC1N 3XX, United Kingdom, Alternate Address: Safiee Suite, EBC House, Townsend Lane, London, NW9 8LL, United Kingdom Listed on: 15 Jul. 2005 ( amended on 13 Apr. 2012 ) Other information: Email address: [emailprotected], [emailprotected]. Website: http://www.islah.info , Tel: 020 8452 0303, Fax: 020 8452 0808, UK Company number 03834450. Founded and led by Saad Rashed Mohammad al-Fagih (QI.A.181.04). Review pursuant to Security Council resolution 1822 (2008) was concluded on 29 Jul. 2010. On 3 May 2012, Economic Counselor Brian P. Doherty of the Embassy of the United States of America informed the AMLC Secretariat of the addition of the following individuals and entity to the Al-Qaida Sanctions List of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 of Security Council Resolution 1989 (2011) adopted under Chapter VII of the Charter of the United Nations: aTICAc 1. MOCHAMMAD ACHWAN; 2. ABDUL ROSYID RIDHO BA'ASYIR; 3. SON HADI BIN MUHADJIR; and 4. JEMMAH ANSHORUT TAUHID (JAT) Movement for Islamic Reform in Arabia was subject of AMLC Resolution No. 89 dated 15 August 2005 directing the covered institutions to submit reports on suspicious transaction, if any, involving the said entity. The inclusion of MOCHAMMAD ACHWAN; ABDUL ROSYID RIDHO BA'ASYIR; SON HADI BIN MUHADJIR; JEMMAH ANSHORUT TAUHID (JAT) and AL-HARAMAIN: THE NETHERLANDS BRANCH 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 asset 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." CcHDaA Section 7 (1), (6) of Republic Act No. 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 (6) to apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or property alleged to be the proceeds of any unlawful activity as defined in Section 3(i) hereof; Section 11 of Republic Act No. 9160, as amended, provides: "SEC. 11. Authority to Inquire into Bank Deposits. Notwithstanding the provisions of Republic Act No. 1405, as amended, Republic Act No. 6426, as amended, Republic Act No. 8791, and other laws, the AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution upon order of any competent court in cases of violation of this Act, when it has been established that there is probable cause that the deposits or investments are related to an unlawful activity as defined in Section 3(i) hereof or a money laundering offense under Section 4 hereof; except that no court order shall be required in cases involving unlawful activities defined in Sections 3 (i) (1), (2) and (12). 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: DCaSHI (1) Request the Supervising Authorities to inform all covered institutions of the amendments in the entry on MOVEMENT FOR REFORM IN ARABIA (A.k.a. [1] MOVEMENT FOR ISLAMIC REFORM IN ARABIA: [2] MIRA); (2) Direct all covered institutions to submit to the Anti-Money Laundering Council reports on suspicious transactions, if any, involving MOCHAMMAD ACHWAN; ABDUL ROSYID RIDHO BA'ASYIR; SON HADI BIN MUHADJIR; JEMMAH ANSHORUT TAUHID (JAT) and AL-HARAMAIN: THE NETHERLANDS BRANCH including all transactions that occurred within the past five (5) years counting from the date of receipt of this Resolution; and (3) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. May 23, 2012, 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)