AMLC Resolution No. 75, s. 2009

July 28, 2009 AMLC RESOLUTION NO. 75, S. 2009 In its Memorandum dated 21 July 2009, the AMLC Secretariat (AMLCS) reported to the Council that: On 18 June 2009, the Security Council Al-Qaida and Taliban Sanctions Committee 1 approved the addition of ATILLA SELEK to its Consolidated List of individuals and entities subject to the asset freeze, travel ban and arms embargo set out in paragraph 1 2 of Security Council Resolution 1822 (2008) adopted under Chapter VII of the Charter of the United Nations. The details of the addition approved by the United Nations Security Council Al-Qaida and Taliban Sanctions Committee on 27 May 2009 are as follows: Name : ATILLA SELEK Date of birth : 28 Feb. 1985 Place of birth : Ulm, Germany A.k.a. : Muaz Nationality : German Passport no. German passport number 7020142921 issued in Ulm, Germany valid until 3 Dec. 2011 National : German national identity card number identification : (Bundespersonalausweis Nr.) 702092811, no. issued in Ulm, Germany, valid until 6 Apr. 2010 Address : Kauterackerweg 5, 89077 Ulm, Germany Listed on : 18 Jun. 2009 Other : In prison in Germany since 20 Nov. 2008 information (as of May 2009). Member of the Islamic Jihad Union (IJU), also known as the Islamic Jihad Group (QE.I.119.05.). In accordance with Section 6, paragraph (g) of the Committee's Guidelines for the Conduct of its Work, the publicly releasable portion of the statement of case detailing the bases for listing of the above-mentioned individual, as provided by the designating State(s), is included herewith (statement of case in italic). "Police investigations have led to the strong suspicion that Atilla SELEK has committed criminal offenses, among other things by belonging to the foreign terrorist organization Islamic Jihad Union (IJU) which has been added to the ATSC-Consolidated List under QE.I.119.05 as an alias of the Islamic Jihad Group. The IJU is an independent terrorist organization active on an international scale which supports the ideology of global jihad as propagated by Al Qaeda. In the past, IJU has claimed responsibility for various terrorist attacks in Uzbekistan and has now expanded its jihadist struggle to additional regions such as Afghanistan, where it works with local groups like the Taliban in carrying out attacks on ISAF troops. The IJU is also pursuing the aim of bringing Islamist-motivated terror to Western European nations contributing to ISAF Including Germany which according to IJU's propaganda is "oppressing" Muslims world-wide in cooperation with the US. cDCaTH IJU has its own media unit as well as members responsible for recruiting and smuggling recruits into training camps in Southern Asian region and smuggling fighters into Afghanistan. In the training camps, IJU trainers and explosive experts provide recruits with the necessary skills in handling guns and explosives as well as in forgery and clandestine operations. About the suspect: According to the evidence acquired, SELEK traveled to the Middle East on 24 June 2006 before being smuggled into the Southern Asian region; from July to August 2006, he was trained as a fighter at one of the IJU's camps there. SDATEc During his time at the camp, SELEK made contact with Gofir SALIMOV, also known as "Jaf", an IJU member active in the Middle East region, and with Suhail BURANOV (also known as "Susi". "Sul/Sule", and "Suleyman/Sylaymon"), the IJU's deputy leader in the Southern Asian region. For example, on 29 August 2006, SALIMOV and BURANOV exchanged two e-mails concerning "news of Muaz". The investigation found out that SELEK uses the name "Muaz" and is also known to contact persons by this name. Additional evidence of contact between SELEK and the IJU members SALIMOV and BURANOV is an e-mail from SALIMOV to Adem YILMAZ (entered into the ATSC Consolidated List under QI.Y.261.08) asking on behalf of "Susi" about SELEK: "Muaz was on his way here but has disappeared. There has been no word from him. . . I am urgently waiting for news from you!" According to further information ascertained during the investigation, SELEK was involved in supplying IJU with volunteers to engage in armed struggle against Western and local forces together with SALIMOV, who has primary responsibility for smuggling persons on behalf of IJU, and together with GELOWICZ, SCHNEIDER (entered into the ATSC Consolidated List under QI.G.259.08 and QI.S.260.08 resp.) and YILMAZ who are the subjects of separate investigations. By taking part in training at IJU's camp in the Southern Asian region, SELEK was able to gain access to and find a place within the IJU organization with the aim of participating in its activities on a long term basis. Since his arrest in Turkey on 6 November 2007, followed by extradition to Germany on 20 November 2008, Atilla SELEK has been held in pre-trial detention in a German prison. CTEacH On 15 December 2008 SELEK was charged in Dusseldorf Higher Regional Court with membership in a terrorist organization and with preparing a crime using explosives." The inclusion of ATILLA SELEK in the list of the UN Security Council validates his 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: AEHTIC "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." EaSCAH 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; 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 ATILLA SELEK; and ScaAET (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. July 28, 2009, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairman, Securities and Exchange Commission) (SGD.) EDUARDO T. MALINIS Member (Commissioner, Insurance Commission) Footnotes 1. Security Council, SC/9667. 2. 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, undertakings, and entities associated with them, as referred to in the list created pursuant to resolutions 1267 (1999) and 1333 (2000) (the "Consolidated List"): (a) Freeze without delay the funds and other financial assets or economic resources of these individuals, groups, undertakings and entities, including funds derived from property owned or controlled directly or indirectly, by them or by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or economic resources are made available, directly or indirectly for such persons' benefit, or by their nationals or by persons within their territory; (b) Prevent the entry into or transit through their territories of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfillment of a judicial process or the Committee determines on a case-by-case basis only that entry or transit is justified; (c) Prevent the direct or indirect supply, sale, or transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related materiel of all types including weapons and ammunition, military vehicles and equipment paramilitary equipment, and spare parts for the aforementioned and technical advice, assistance, or training related to military activities.