AMLC Resolution No. 76, s. 2009

July 29, 2009 AMLC RESOLUTION NO. 76, S. 2009 In a Memorandum dated 22 July 2009, the AMLC Secretariat reported to the Council that: On 29 June 2009, 1 the Security Council Al-Qaida and Taliban Sanctions Committee approved the addition of ARIF QASMANI; MOHAMMED YAHYA MUJAHID; and FAZEEL-A-TUL SHAYKH ABU MOHAMMED AMEEN AL-PESHAWARI 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 approved addition as approved by the United Nations Security Council Al-Qaida and Taliban Sanctions Committee on 29 June 2009 are as follows: Name : ARIF QASMANI; Date of Birth (DOB) : Approximately 1944; Place of Birth (POB) : Pakistan; A.k.a. : Muhammad Arif Qasmani; Muhammad 'Arif Qasmani; Mohammad Arif Qasmani; Arif Umer; Qasmani Baba; Memon Baba; Baba Ji; Nationality : Pakistani; Address : House Number 136, KDA Scheme No. 1, Tipu Sultan Road, Karachi, Pakistan; Listed on : 29 Jun. 2009; Other information : Associated with Lashkar-e-Tayyiba (QE.L. 118.05.) and Al-Qaida (QE.A.4.01.). In detention as at June 2009. Name : MOHAMMED YAHYA MUJAHID; DOB : 12 Mar. 1961; POB : Lahore, Punjab Province, Pakistan; A.k.a. : Mohammad Yahya Aziz; Nationality : Pakistani; National Id No. : Pakistani national identification number 35404- 1577309-9; Listed on : 29 Jun. 2009; Other information : Associated with Lashkar-e-Tayyiba (QE.L. 118.05.). In detention as at June 2009 Name : FAZEEL-A-TUL SHAYKH ABU MOHAMMED AMEEN AL-PESHAWARI DOB : a) Approximately 1967 b) Approximately 1961 c) Approximately 1973 POB : Konar Province, Afghanistan; A.k.a. : Shaykh Aminullah; Sheik Aminullah; Abu Mohammad Aminullah Peshawari; Abu Mohammad Amin Bishawri; Abu Mohammad Shaykh Aminullah Al-Bishauri; Shaykh Abu | Mohammed Ameen al-Peshawari; Shaykh Aminullah Al-Peshawari; Address : Ganj District, Peshawar, Pakistan; Listed on : 29 Jun. 2009; Other information : Associated with Al-Qaida (QE.A.4.01.). In detention as at June 2009. 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 individuals, as provided by the designating State(s), is included herewith. ARIF QASMANI "Arif Qasmani is the chief coordinator for 1267-listed entity (QE.L.118.05) Lashkar-e-Tayyiba's (LeT) dealings with outside organizations and has provided significant support for LeT terrorist operations. Qasmani has worked with LeT to facilitate terrorist attacks, to include the July 2006 train bombing in Mumbai, India, and the February 2007 Samjota Express bombing in Panipat, India. Qasmani utilized money that he received from Dawood Ibrahim, an Indian crime figure and terrorist supporter, to facilitate the July 2006 train bombing in Mumbai, India. Qasmani also conducted fundraising activities on behalf of LeT in late 2005. Arif Qasmani has also provided financial and other support to al Qaida. As of late 2006, Qasmani provided funding to al Qaida members and facilitated the return of foreign fighters to their respective countries. Between 2004 and 2005, Qasmani provided al Qaida with supplies and weapons and facilitated the movement of al Qaida leaders in and out of Afghanistan. In return for Qasmani's support, al Qaida provided Qasmani with operatives to support the July 2006 train bombing in Mumbai, India, and the February 2007 Samjota Express bombing in Panipat, India. Qasmani also facilitated the movement of al-Qaida personnel out of Afghanistan in 2001. In 2005, Qasmani provided Taliban leaders with safe haven and a means to smuggle personnel, equipment, and weapons into Afghanistan." MOHAMMED YAHYA MUJAHID "Mohammed Yahya Mujahid is the head of the 1267-listed entity (QE.L.118.05) Lashkar-e-Tayyiba's (LeT) media department and has served as an LeT media spokesman since at least mid-2001. In that capacity, Mujahid has issued statements to the press on behalf of LeT on numerous occasions, including after the December 2001 LeT attacks on the Indian Parliament, and following the November 2008 attacks in Mumbai, India. Mujahid's statements on behalf of LeT have been reported by international news sources such as BBC News, the New York Times, the International Herald Tribune, and Asia Times Online. As of late 2007, Mujahid was influential among the LeT central leadership." FAZEEL-A-TUL SHAYKH ABU MOHAMMED AMEEN AL-PESHAWARI "As of early 2008, Fazeel-A-Tul Shaykh Abu Mohammed Ameen al-Peshawari (Ameen al-Peshawari), the leader of the Ganj Madrassah in Peshawar, Pakistan, was providing assistance, including funding and recruits, to the al Qaida network. He also provided funding, explosive suicide vests and other resources to the Taliban. Ameen al-Peshawari has actively facilitated the activities of anti-Coalition militants operating in Afghanistan by raising money in support of terrorist activities and began a campaign to support militants in Pakistan. As of 2006, Ameen al-Peshawari was providing monetary compensation to families of fighters killed in Afghanistan and was involved in anti-Coalition recruiting activities." The inclusion of ARIF QASMANI; MOHAMMED YAHYA MUJAHID; and FAZEEL-A-TUL SHAYKH ABU MOHAMMED AMEEN AL-PESHAWARI 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: "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: (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." CDESIA 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 ARIF QASMANI, MOHAMMED YAHYA MUJAHID, and FAZEEL-A-TUL SHAYKH ABU MOHAMMED AMEEN AL-PESHAWARI; and (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. ECSHAD July 29, 2009, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairperson, Securities and Exchange Commission) (SGD.) EDUARDO T. MALINIS Member (Commissioner, Insurance Commission) Footnotes 1. Security Council, SC/9695. 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.