AMLC Resolution No. 86, s. 2008

November 26, 2008 AMLC RESOLUTION NO. 86, S. 2008 On 10 October 2008, the United Nations Security Council Al Qaida and Taliban Sanctions Committee approved the addition of KHALIFA, MUHAMMAD TURKI AL-SUBAIY, ABD AL-RAHMAN MUHAMMAD JAFFAR ALI and ADIL MUHAMMAD MAHMUD ADB AL-KALIQ to its 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 1822 (2008) adopted under Chapter VII of the Charter of the United Nations. Details of the individuals included in the list are as follows: CaHcET 1. Name KHALIFA MUHAMMAD TURKI AL-SUBAIY Date of birth 1 Jan. 1965 A.k.a. Khalifa Mohd Turki Alsubaie; Khalifa Mohd Turki al Subaie; Khalifa Al-Subayi; Khalifa Turki bin Muhammad bin al-Suaiy Nationality Qatari Passport No. Qatari passport number 00685868 Nat'l identification Qatari identity card number 26563400140 Listed on 10 Oct. 2008 Other information Qatar-based terrorist financier and facilitator who has provided financial support to, and acted on behalf of, the senior leadership of Al-Qaida (listed under permanent reference number QE.A.4:01), including moving recruits to Al-Qaida training camps in South Asia. In Jan. 2008, convicted in absentia by the Bahraini High Criminal Court for financing terrorism, undergoing terrorist training, facilitating the travel of others to receive terrorist training abroad, and for membership in a terrorist organization. Arrested in Qatar in March 2008. Serving his sentence in Qatar (as of June 2008). 2. Name ABD AL-RAHMAN MUHAMMAD JAFFAR 'ALI Date of birth 15 Jan. 1965 Place of birth Muharraq, Bahrain A.k.a. Abd al Rahman Muhammad Jaffir; Abd Al-Rahman Muhammad Jafir 'Ali; Abd al-Rahman Jafir Ali; Abdul Rahman Mohamed Jaffwer Ali; Abdulrahman Mohammad Jaffar; 'Ali Al-Khal; Abu Muhammad Al-Khal. Nationality Bahraini Listed on 10 Oct. 2008 Other information Bahrain based financier and facilitator for Al Qaida (listed under permanent reference number QE.A.4.01). In Jan. 2008, convicted by the Bahraini High Criminal Court for financing terrorism, undergoing terrorist training, facilitating the travel of others to receive terrorist training abroad, and for membership in a terrorist organization. Released after Court verdict and completion of his sentence. Located in Bahrain (as of May 2008). 3. Name ADIL MUHAMMAD MAHMUD ABD AL-KHALLIQ Date of birth 2 Mar. 1984 POB Bahrain A.k.a. Adel Mohamed Mahmoud Abdul Khaliq; Adel Mohamed Mahmood Abdul Khaled Passport no. Bahraini passport no. 1632207 Listed on 10 Oct. 2008 Other information Has acted on behalf of and provided financial material and logistical support to Al-Qaida (listed under permanent reference number QE.A.4.02) and Libyan Islamic Fighting Group (LIFG, listed under permanent reference number QE.L.11.01.), including provision of electrical parts used in explosives, computers, GPS devices and military equipment. Trained by Al-Qaida in small arms and explosives in South Asia and fought with Al-Qaida in Afghanistan. Arrested in the United Arab Emirates and the LIFG. Following his conviction in the UAE in late 2007, he was transferred to Bahrain in early 2008 to serve out the remainder of his sentence. In a letter dated 24 October 2008, the Government of the United states of America, through its Embassy in Manila, requested the Government of the Philippines, through the Anti-Money Laundering Council (AMLC), to take steps for the freezing of assets and other resources of KHALIFA MUHAMMAD TURKI AL-SUBAIY, ABD AL-RAHMAN MUHAMMAD JAFFAR ALI and ADIL MUHAMMAD MAHMUD ADB AL-KALIQ. The United Nations Security Council Resolution (UNSCR) 1373 adopted by the Security Council at its 4385th meeting on 28 September 2001 provides: SCHIac "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; HATICc (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;" ISaTCD 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." The inclusion of KHALIFA MUHAMMAD TURKI AL-SUBAIY, ABD AL-RAHMAN MUHAMMAD JAFFAR ALI and ADIL MUHAMMAD MAHMUD ADB AL-KALIQ in the list of the UN Security Council validates their being associated with terrorists. 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 KHALIFA MUHAMMAD TURKI AL-SUBAIY, ABD AL-RAHMAN MUHAMMAD JAFFAR ALI and ADIL MUHAMMAD MAHMUD ADB AL-KALIQ; and (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. IcaHTA November 26, 2008, 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. 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"): SAHIaD (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.