Sanctions Freeze Order in Relation to Domestic Designations by Anti-Terrorism Council under Resolution No. 12, Series of 2020
AMLC Resolution No. TF-033-20 • Anti-Money Laundering Council • Resolutions • Dec 23, 2020
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December 23, 2020 AMLC RESOLUTION NO. TF-033-20 SUBJECT : Sanctions Freeze Order in Relation to Domestic Designations by Anti-Terrorism Council under Resolution No. 12, Series of 2020 In view of the designation of the Communist Party of the Philippines and the New People's Army also known as Bagong Hukbong Bayan (CPP/NPA) as terrorists by the Anti-Terrorism Council in its Resolution No. 12, Series of 2020, and consistent with the Philippines' international obligations to comply with binding terrorism-related resolutions, including United Nations Security Council (UNSC) Resolution 1373, pursuant to Article 41 of the United Nations Charter, the Council resolved to: 1. ISSUE this SANCTIONS FREEZE ORDER with respect to the property or funds of the CPP/NPA to TAKE EFFECT IMMEDIATELY; 2. DIRECT all covered institutions as defined under Republic Act (RA) No. 10168 or The Terrorism Financing Prevention and Suppression Act of 2012 (TFPSA) and relevant government agencies, including the Land Transportation Office, Land Registration Authority, Register of Deeds, Maritime Industry Authority, and the Civil Aviation Authority of the Philippines, TO FREEZE AND PRESERVE WITHOUT DELAY the following properties or funds, including related accounts, belonging to any persons, organizations, associations or groups of persons named in ATC Resolution No. 12, Series of 2020, until the basis for the issuance of the Freeze Order shall have been lifted: a. property or funds that are owned or controlled by the CPP/NPA, and is not limited to those that are directly related or can be tied to a particular terrorist act, plot, or threat; b. property or funds that are wholly or jointly owned or controlled, directly or indirectly, by the CPP/NPA; c. property or funds derived or generated from funds or other assets owned or controlled, directly or indirectly, by the CPP/NPA; d. property or funds of persons and entities acting on behalf or at the direction of the CPP/NPA; and e. related accounts. 3. DIRECT all the above covered institutions and relevant government agencies to submit to the Anti-Money Laundering Council (AMLC) a written return, pursuant to, and containing details required under, Rule 16.c of the Implementing Rules and Regulations of the TFPSA. 4. NOTIFY all persons and entities of the prohibition under Section 8 of the TFPSA against dealing with property or funds of, or making available property or funds, or financial services or other related services to CPP/NPA. For this purpose, the notice shall contain the following: "Any person, whether natural or juridical, including covered persons, private companies, government owned or controlled corporations, and government agencies and instrumentalities who: 1. deals directly or indirectly, in any way and by any means, with any property or fund that he knows or has reasonable ground to believe is owned or controlled by the CPP/NPA, including funds derived or generated from property or funds owned or controlled, directly or indirectly, by such CPP/NPA; or 2. makes available any property or funds, or financial services or other related services to the CPP/NPA. shall be prosecuted to the fullest extent of the law pursuant to Republic Act No. 10168, otherwise known as the Terrorism Financing Prevention and Suppression Act. All covered persons are mandated to submit as Suspicious Transaction Report all previous transactions of the herein designated persons, organizations, associations or groups of persons within five (5) days from effectivity of this Order." 5. INFORM, through the AMLC website, all persons, organizations, associations or groups of persons whose property or funds are frozen, including related accounts, that they may avail of the remedies under RA No. 11479 or The Anti-Terrorism Act of 2020 (ATA) and its Implementing Rules and Regulations and under the TFPSA and its Implementing Rules and Regulations; and 6. AUTHORIZE the AMLC Secretariat to post in the AMLC website this Resolution and to publish a notice of this Resolution once in a newspaper of general circulation. Manila, Philippines, December 23, 2020. (SGD.) BENJAMIN E. DIOKNO Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) EMILIO B. AQUINO Member (Chairman, Securities and Exchange Commission) (SGD.) DENNIS B. FUNA Member (Commissioner, Insurance Commission)
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