AMLC Resolution No. 89, s. 2008

November 26, 2008 AMLC RESOLUTION NO. 89, S. 2008 On 21 October 2008, the United Nations Security Council Al Qaida and Taliban Sanctions Committee approved the addition of MAFTAH MOHAMED ELMABRUK; ABDELRAZAG ELSHARIF ELOSTA; and ABDULBASIT ABDULRAHIM 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: Name : MAFTAH MOHAMED ELMABRUK; DOB : 1 May 1950; POB : Libyan Arab Jamahiriya; A.k.a. : Muftah Al Mabrook; Mustah ElMabruk; Maftah El Mobruk; Muftah El Mabruk; Maftah Elmobruk; Al Hajj Abd Al Haqq; Al Haj Abd Al Hak; Nationality : Libyan; National ID no. : British National Insurance Number PW503042C; Address : London, United Kingdom; Listed on : 21 Oct. 2008 Other information: British resident. Involved in fundraising on behalf of the Libyan Islamic Fighting Group (LIFG, listed under permanent reference number QE.L.11.01.). Associated with members of the LIFG in the United Kingdom, including Mohammed Benhammedi (listed under permanent reference number QI.B.213.06) and Ismail Kamoka, a senior member of the LIFG in the United Kingdom who has been convicted and sentenced in the United Kingdom in Jun. 2007 based on charges of terrorist funding. SEAHID Name : ABDELRAZAG ELSHARIF ELOSTA DOB : 20 Jun. 1963; POB : Soguma, Libyan Arab Jamahiriya; A.k.a. : Abdelrazag Elsharif Al Usta; Nationality : British; Passport no. : British passport number 304875071; National ID no. : British National Insurance Number PW669539D; Address : London, United Kingdom; Listed on : 21 Oct. 2008 Other information: Involved in fundraising and financial facilitation on behalf of the Libyan Islamic Fighting Group (LIFG, listed under permanent reference number QE.L.11.01.). Associated with members of the LIFG in the United Kingdom, including Mohammed Benhammedi (listed under permanent reference number QI.B.213.06), Taher Nasuf (listed under permanent reference number QI.N.215.06), and Ismail Kamoka, a senior member of the LIFG in the United Kingdom who has been convicted and sentenced in the United Kingdom in Jun. 2007 based on charges of terrorist funding. Name : ABDULBASIT ABDULRAHIM DOB : 2 Jul. 1968; POB : Gdabia, Libyan Arab Jamahiriya; A.k.a. : Abdul Basit Fadil Abdul Rahim; Abdelbasit Abdelrahim; Abdullah Mansour; Abdallah Mansour; Adbulrahim Abdulbasit Fadil Mahoud; Nationality : British; Passport no. : British passport number 800220972; National ID no. : British National Insurance Number PX053496A; Address : London, United Kingdom; Listed on : 21 Oct. 2008. Other information: Involved in fundraising on behalf of the Libyan Islamic Fighting Group (LIFG, listed under permanent reference number QE.L.11.01). Held senior positions within the LIFG in the United Kingdom. Associated with the Directors of the SANABEL Relief Agency (listed under permanent reference number QE.S.124.06). Ghuma Abd'rabbah (listed under permanent reference number QI.A.211.06), Taher Nasuf (listed under permanent reference number QI.N.215.06) and Abdulbaqi Mohammed Khaled (listed under permanent reference number QI.K.214.06.) and with members of the LIFG in the United Kingdom, including Ismail Kamoka, a senior member of the LIFG in the United Kingdom who has been convicted and sentenced in the United Kingdom in June 2007 based on charges of terrorist funding. EcTDCI On 21 October 2008, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee also approved the amendments of the Consolidated List with respect to the following individuals: Name : ATA ABDOULAZIZ RASHID DOB : 1 Dec. 1973; POB : Sulaimaniya, Iraq; A.k.a. : Ata Abdoul Aziz Barzingy; Abdoulaziz Ata Rashid, born 1 Dec. 1973; Nationality : Iraqi; Passport no. : German travel document ("Reiseausweise") A 0020375; Address : In prison in Germany as of Dec. 2004. Listed on : 6 Dec. 2005 (amended on 21 Oct. 2008) Other information: Associated with Ansar Al-Islam (listed under permanent reference number QE.A.98.03. Found guilty of terrorism offences and attempted murder, and sentenced on 15 Jul. 2008 to 10 years imprisonment in Germany. Name : RAFIK MOHAMAD YOUSEF DOB : 27 Aug. 1974; POB : Baghdad, Iraq; A.k.a. : Mohamad Raific Kairadin; Nationality : Iraqi; Passport no. : German travel document ("Reiseausweise") A 0092301; Address : In prison in Germany as of Dec. 2004. Listed on : 6 Dec. 2005 (amended on 21 Oct. 2008) Other information: Associated with Ansar Al-Islam (listed under permanent reference number QE.A.98.03. Found guilty of terrorism offences and attempted murder, and sentenced on 15 Jul. 2008 to 8 years imprisonment in Germany. Name : MAZEN SALAH MOHAMMED DOB : 18 May 1981; POB : Arbil, Iraq; A.k.a. : Issa Salah Muhamad, born 1 Jan. 1980; Mazen Ali Hussein, born 1 Jan. 1982 in Baghdad, Iraq; Nationality : Iraqi; Passport no. : German travel document ("Reiseausweise") A 0144378; Address : In prison in Germany as of Dec. 2004. Listed on : 6 Dec. 2005 (amended on 21 Oct. 2008) Other information: Associated with Ansar Al-Islam (listed under permanent reference number QE.A.98.03. Found guilty of terrorism offences and attempted murder, and sentenced on 15 Jul. 2008 to 7 years and 6 months imprisonment in Germany. Further, on the same date, based on a confirmed information that the entries pertaining to "Al Rashid Trust" (QE.A.5.01.) and "Aid Organization of the Ulema, Pakistan" (QE.A.73.02) refer to just one entity, the United Nations Security Council Al-Qaida and Taliban Sanctions Committee approved the consolidation of the relevant information under just one entity, thus: Name : AL RASHID TRUST A.k.a. : Al-Rasheed Trust; Al Rasheed Trust; Al-Rashid Trust; Aid Organization of the Ulema, Pakistan; Address : Kitas Ghar, Nazimabad 4, Dahgel-Iftah, Karachi, Pakistan; Jamia Maajid, Sulalman Park, Melgium Pura, Lahore, Pakistan; Office Dha'rbi-M'unin, Opposite Khyber Bank, Abbottabad Road, Mansehra, Pakistan; Office Dha'rbi-M'unin ZR Brothers, Katcherry Road, Chowk Yadgaar, Peshawar, Pakistan; Office Dha'rbi-M'unin, Rm No. 3, Moti Plaza, Near Liaquat Bagh, Muree Road, Rawalpindi, Pakistan; Office Dha'rbi-M'unin, Top Floor, Dr. Dawa Khan Dental Clinic Surgeon, Main Baxae, Mingora, Swat, Pakistan; Kitab Ghar, Darul Ifta Wal Irshad, Nazimabad No. 4, Karachi, Pakistan, Phone 6683301; Phone 0300-8209199; Fax 6623814; 302b-40, Good Earth Court, Opposite Pia Planitarium, Block 13a, Gulshan -I Igbal, Karachi, Pakistan; Phone 4979263; 617 Clifton Center, Block 5, 6th Floor, Clifton, Karachi, Pakistan; Phone 587-2545; 605 Landmark Plaza, 11 Chundrigar Road, Opposite Jang Building, Karachi, Pakistan; Phone 2623818-19; Jamia Masjid Sulaiman Park, Begum Pura, Lahore, Pakistan; Phone 042-6812081; Listed on : 6 Oct. 2001 (amended on 21 Oct. 2008) . Other information: Headquarters are in Pakistan. Operations in Afghanistan: Herat Jalalabad, Kabul, Kandahar, Mazar, Sherif. Also operations in Kosovo, Chechnya. Has two account numbers (No. 05501741 and No. 06500138) in Habib Bank Ltd. (Foreign Exchange Branch), Pakistan. Involved in the financing of Al-Qaida and the Taliban. Until 21 Oct. 2008, this entity appeared also as "Aid Organization of the Ulema, Pakistan" under permanent reference number QE.A.73.02., listed on 24 Apr. 2002 and amended on 25 Jul. 2006. Based on information confirming that the two entries Al Rashid Trust (QE.A.5.01) and Aid Organization of the Ulema, Pakistan (QE.A.73.02.) refer to the same entity, the Al-Qaida and Taliban Sanctions Committee decided on 21 Oct. 2008 to consolidate the relevant information contained in both entries in the present entry. The inclusion of MAFTAH MOHAMED ELMABRUK, ABDELRAZAG ELSHARIF ELOSTA, ABDULBASIT ABDULRAHIM, ATA ABDOULAZIZ RASHID, RAFIK MOHAMAD YOUSEF, MAZEN SALAH MOHAMMED and AL RASHID TRUST in the list of the UN Security Council validates their being associated with terrorists. 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; 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; (emphasis supplied) 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. (emphasis supplied) 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 and suspicious transactions, if any, involving MAFTAH MOHAMED ELMABRUK, ABDELRAZAG ELSHARIF ELOST, ABDULBASIT ABDULRAHIM, ATA ABDOULAZIZ RASHID, RAFIK MOHAMAD YOUSEF, MAZEN SALAH MOHAMMED, and AL RASHID TRUST or persons acting on its behalf, and cDSaEH (2) Request the Supervising Authorities to disseminate copies of this Resolution to all covered institutions under their respective jurisdictions. 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.