BSP Circular Letter

July 1, 2005 BSP CIRCULAR LETTER TO : All Banks and Non-Bank Financial Institutions Under BSP Supervision Pursuant to Anti-Money Laundering Council Resolution No. 61 (Series of 2005) dated 13 June 2005, copy attached, you are hereby directed to check carefully for the assets of Bilal al-HIYARI (Hiyari) , a Specially Designated Global Terrorist. Hiyari was convicted by the State Security Court of Jordan in October 2004 for providing funds to the Zarqawi Network (also known as Jama'at al Tawhid wal Jihad and Tanzim Qa'idat al Jihad fi Bilad al-Rafidayn), which, according to Usama bin Laden, had already merged with the Al-Qaida. In accordance with Sections 7 and 9 of the Anti-Money Laundering Act, as amended, and Rule 9.3 of the Revised Implementing Rules and Regulations, you are hereby directed to submit directly to the Council reports of covered or suspicious transactions, if any, involving Bilal al-Hiyari. ETDSAc For your guidance and strict implementation. (SGD.) MA. DOLORES B. YUVIENCO Sector-in-Charge ANTI-MONEY LAUNDERING COUNCIL RESOLUTION NO. 61, Series of 2005 WHEREAS, this refers to the letter dated 27 April 2005 of the Government of the United States of America, through its Embassy in Manila, requesting the Philippines to check carefully for the assets of Bilal al-HIYARI (Hiyari), a Specially Designated Global Terrorist individual pursuant to E.O. 13224. WHEREAS, Hiyari was convicted by the State Security court of Jordan in October 2004 for providing funds to the Zarqawi Network, also known as Jama'at al Tawhid wal Jihad and Tanzim Qa'idat al-Jihad fi Bilad al-Rafidayn, listed by the UN 1267 Sanctions Committee. WHEREAS, on 27 December 2004, Usama bin laden announced that the Zarqawi network had merged with Al Qaida. Information available to the US Government confirms that this merger has in fact taken place. Hiyari became acquainted with Zarqawi in 1989 when they met in Afghanistan. Their relationship appears to have continued through the mid-late 1990s after they had both returned to Jordan. acEHCD WHEREAS, Bilal al-Hiyari's association with Al Qaida warrants his inclusion in the UN 1267 Sanctions Committee consolidated list. WHEREAS, on 13 April 2005, the United States requested that the UN 1267 Sanctions Committee add Hiyari to its consolidated list of entities/individuals associated with Al Qaida/UBL/Taliban subject to sanctions (including asset freeze) that UN member states are obligated to implement pursuant to UNSC Resolution 1267 and subsequent resolutions, including most recently, 1526. WHEREAS, 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. WHEREFORE, the Council resolves, as it is hereby resolved, to require the Supervising Authorities, namely: 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 BILAL AL-HIYARI in accordance with Sections 7 and 9 of the Anti-Money Laundering Act (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. ISHCcT 13 June 2005, Manila, Philippines. (SGD.) AMANDO M. TETANGCO, JR. Acting Chairman (Officer-In-Charge, Bangko Sentral ng Pilipinas) (SGD.) FE B. BARIN Member (Chairperson, Securities and Exchange Commission) (SGD.) BENJAMIN S. SANTOS Member (Commissioner, Insurance Commission)