AMLC Resolution No. 68, s. 2010

August 3, 2010 AMLC RESOLUTION NO. 68, S. 2010 In its Memorandum dated 27 July 2010, the AMLC Secretariat (AMLCS) reported to the Council that: On 19 July 2010, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of four individuals 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 the individuals added in the list are as follows: A. Individuals associated with the Taliban Name : 1: AMIR 2: ABDULLAH 3: na 4: na Name (original script) : Date of Birth : Approximately 1972 Place of Birth : Paktika Province, Afghanistan Low quality a.k.a. : a) Amir Abdullah Sahib Nationality : Afghan Address : Karachi, Pakistan Listed on : 20 Jul. 2010 Other information : Has traveled to Kuwait, Saudi Arabia, the Libyan Arab Jamahiriya and the United Arab Emirates to raise funds for the Taliban. Name : 1: NASIRUDDIN 2: HAQQANI 3: na 4: na Name (original script) : Date of Birth : Approximately 1970-1973 Place of Birth : Afghanistan Good quality a.k.a. : a) Naseer Haqqani b) Dr. Naseer Haqqani c) Nassir Haqqani d) Nashir Haqqani Low quality a.k.a. : a) Naseruddin b) Dr. Alim Ghair Nationality : Afghan Address : Pakistan Listed on : 20 Jul. 2010 Other information : Associated with the Haqqani Network, which operates out of North Waziristan in the Federally Administered Tribal Areas of Pakistan. Has travelled to Saudi Arabia and the United Arab Emirates to raise funds for the Taliban. Name : 1: GUL 2: AGHA 3: ISHAKZAI 4: na Name (original script) : Date of Birth : Approximately 1972 Place of Birth : Band-e-Timor, Kandahar, Afghanistan Good quality a.k.a. : a) Mullah Gul Agha b) Mullah Gul Agha Akhund Low quality a.k.a. : a) Hidayatullah b) Haji Hidayatullah c) Hadayatullah Address : Pakistan Listed on : 20 Jul. 2010 Other information : Is part of a recently created Taliban council that coordinates the collection of zakat (Islamic tax) from Baluchistan Province, Pakistan. C. Individuals associated with Al-Qaida Name : 1: ANWAR 2: NASSER 3: ABDULLA 4: AL- AULAQI Name (original script) : Date of Birth : a) 21 Apr. 1971 b) 22 Apr. 1971 Place of Birth : Las Cruces, New Mexico, United States of America Good quality a.k.a. : a) Anwar al-Aulaqi b) Anwar al-Awlaki c) Anwar al-Awlaqi d) Anwar Nasser Aulaqi e) Anwar Nasser Abdullah Aulaqi f) Anwar Nasser Abdulla Aulaqi Nationality : a) United States of America b) Yemeni Address : Yemen Listed on : 20 Jul. 2010 Other information : In hiding in Yemen as at Dec. 2007 The inclusion of AMIR ABDULLAH, NASIRUDDIN HAQQANI, GUL AGHA ISHAKZAI and ANWAR NASSER ABDULLA AL-AULAQI in the United Nations Security Council Al-Qaida and Taliban Sanctions Committee's Consolidated List validates their being associated with the Taliban and Al-Qaida, known terrorist organizations. STHAID 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: cAaETS (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 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 AMIR ABDULLAH, NASIRUDDIN HAQQANI, GUL AGHA ISHAKZAI and ANWAR NASSER ABDULLA AL-AULAQI; and (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. August 3, 2010, Manila, Philippines. TAESDH (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, Usama 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).