BSP Circular Letter

December 29, 2004 BSP CIRCULAR LETTER TO : All Banks and Non-Bank Financial Institutions Pursuant to the request of Mr. Vicente S. Aquino, Executive Director of the Anti-Money Laundering Council (AMLC), in his letter dated 23 December 2004, attached is a copy of AMLC Resolution No. 455 dated 21 December 2004 directing all covered institutions to submit directly to the Council reports of covered or suspicious transactions, if any, involving Tanzim Qa'idat Al-Jihad fi Bilad Al Rafidayn, the new alias of the Jama' at Al-Tawhid Wa'al-Jihad (JTJ), a radical Islamic terrorist organization . You are hereby enjoined to strictly comply with above-quoted resolution. bspcd (SGD.) ALBERTO V. REYES Deputy Governor RESOLUTION NO. 455 On 25 November 2004, the Anti-Money Laundering Council (AMLC) issued Resolution No. 445 requiring the Supervising Authorities, the Bangko Sentral ng Pilipinas, the Securities and Exchange Commission and the Insurance Commission to circularize among all covered institutions under their respective jurisdictions copy of Resolution No. 445 and to direct the covered institutions to submit directly to the Council reports of covered or suspicious transactions, if any, involving the Jama'at al-Tawhid wa-al-Jihad (JTJ). Jama'at al-Tawhid wa'al-Jihad (JTJ) is the radical Islamic terrorist organization led by Abu Mus'ab Al-Zarqawi, who has been designated by the UN 1267 Sanctions Committee in September 2003 as Al-Qaida and Taliban associated individuals. On 30 November 2004, the Government of the United States amended the original E.O. 13224 designation of the Zarqawi terrorist network (Jama'at al-Tawhid wa'al-Jihad) to include its new alias, Tanzim Qa'idat Al-Jihad fi Bilad Al Rafidayn, which is broadly understood to mean, "the base of Jihadi operations in Iraq" or "Al-Qaida in Iraq". DAETcC On 17 October 2004, the Zarqawi group went public with this new name after publicly declaring its loyalty to Al-Qaida and Usama bin Laden, using it to claim responsibility for the 24 October 2004 slaughter of 49 unarmed, out-of-uniform Iraqi soldiers and the 26 October 2004 abduction and subsequent murder of Japanese citizen, Shosei Koda. On 2 December 2004, Japan joined by the UK and Germany, submitted the new alias to the UN 1267 Committee for inclusion in the Committee's consolidated list of individuals/entities associated with Al-Qaida, the Taliban or Usama Bin Laden. The Government of the United States fully supports those efforts. In a letter dated 8 December 2004, the Government of the United States of America, through its Embassy in Manila, requests the Philippines to include Tanzim Qa'idat Al-Jihad fi Bilad Al Rafidayn as the new alias of the Jama'at Al-Tawhid Wa'al-Jihad (JTJ) and to check for its offices or financial assets and to freeze the same, should any be found. The provisions of the United Nations Security Council Resolution (UNSCR) 1373 require UN member states to freeze terrorist assets without delay and to prohibit their nationals or persons in their territories from financing terrorism. 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. Pursuant thereto, the Council unanimously resolves to require the Supervising Authorities, the Bangko Sentral ng Pilipinas, the Securities and Exchange Commission, and the Insurance Commission to circularize among all covered institutions under their respective jurisdictions, copy of this Resolution and to direct the covered institutions to submit directly to the Council reports of covered or suspicious transactions, if any, involving Tanzim Qa'idat Al-Jihad fi Bilad Al Rafidayn, the new alias of the Jama'at al-Tawhid wa-al-Jihad (JTJ), in accordance with Sections 7 and 9 of the AMLA, as amended and Rule 9.3 of the Revised Implementing Rules and Regulations and other related or applicable rules, regulations, circulars and operating manuals promulgated by the Supervising Authorities. 21 December 2004, Manila, Philippines. (SGD.) RAFAEL B. BUENAVENTURA Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN (SGD.) BENJAMIN S. SANTOS Member Member (Chairman, Securities andExchange Commission) (Commissioner, Insurance Commission)