BSP Circular Letter

August 2, 2004 BSP CIRCULAR LETTER TO : All Banks and Non-Bank Financial Institutions Under BSP Supervision The Anti-Money Laundering Council (AMLC), in the attached Resolution Nos. 394 and 394-a dated 14 July 2004 and 16 July 2004, respectively, request your cooperation to the call of the United States Government, thru the attached letter of the US Embassy, Manila dated 6 July 2004 addressed to BSP Governor Rafael B. Buenaventura, to freeze funds, financial assets or economic resources, including offices belonging to the following individuals who are suspected of supporting and financing terrorist activities: 1. ABDELHEDI Mohamed Ben Mohamed 2. DARRAJI, Kamel 3. EL MAHFOUDI, Mohamed 4. JAMMALI, Imed Ben Bechir 5. LOUBIRI Habib Ben Ahmed 6. TRABELSI Chabaane Ben Mohamed Pursuant to said resolutions, you are hereby directed to submit directly to the AMLC reports of covered and suspicious transactions, if any, involving the above-named individuals. For your strict compliance. bspcda2004 (SGD.) ALBERTO V. REYES Deputy Governor RESOLUTION NO. 394 On 6 July 2004, the Government of the United States, through its Embassy in Manila, sent a letter of even date addressed to Hon. Rafael B. Buenaventura, Governor, Bangko Sentral ng Pilipinas, regarding its request to check carefully for any funds, financial assets or economic resources, including offices belonging to, or related to the following individuals and to freeze the same should any be found: 1. ABDELHEDI Mohamed Ben Mohamed; 2. DARRAJI Kamel; 3. EL MAHFOUDI Mohamed; 4. JAMMALI Imed Ben Bechir; 5. LOUBIRI Habib Ben Ahmed; and 6. TRABELSI Chabaane Ben Mohamed. On 23 June 2004, the names of the aforesaid individuals were designated by the UN 1267 Sanctions Committee (the "Al Qaida/Taliban Sanctions Committee") for inclusion on its consolidated list of individuals and entities associated with Al Qaida, the Taliban or Usama bin Laden. CAIaHS Under relevant United Nations Security Council (UNSC) Resolutions, including 1267 and, most recently, 1526, persons and entities on the consolidated list are subject to sanctions (asset freeze, travel ban, arms embargo), which all UN member States are obligated to implement. 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, as follows: (1) To provide the Supervising Authorities, the Bangko Sentral ng Pilipinas, the Securities and Exchange Commission, and the Insurance Commission, with copy of the 6 July 2004 letter from the United States; and (2) To request said Supervising Authorities to circularize among all covered institutions under their respective jurisdictions, copy of the subject 6 July 2004 letter from the United States; 14 July 2004, Manila, Philippines. (SGD.) RAFAEL B. BUENAVENTURA Chairman (Governor, Bangko Sentral ng Pilipinas) (SGD.) LILIA R. BAUTISTA (SGD.) EDUARDO T. MALINIS Member Member (Chairperson, Securities and Exchange Commission) (Officer-in-Charge, Insurance Commission) RESOLUTION NO. 394-A On 14 July 2004, the Anti-Money Laundering Council (AMLC) issued Resolution No. 394 requiring the Supervising Authorities to circularize among all covered institutions under their respective jurisdictions the copy of the 6 July 2004 letter of the Government of the United States requesting the Philippines to check carefully for any funds, financial assets or economic resources, including offices belonging to, or related to the following individuals and to freeze the same should any be found: 1. ABDELHEDI Mohamed Ben Mohamed; 2. DARRAJI Kamel; 3. EL MAHFOUDI Mohamed; 4. JAMMALI Imed Ben Bechir; 5. LOUBIRI Habib Ben Ahmed; and 6. TRABELSI Chabaane Ben Mohamed. Pursuant thereto, the Council further unanimously resolves to require the covered institutions to submit directly to the Council reports of covered or suspicious transactions, if any, involving the afore-named terrorist individuals 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. 16 July 2004, Manila, Philippines. (SGD.) ALBERTO V. REYES Acting-Chairman (Officer-in-Charge, Bangko Sentral ng Pilipinas) (SGD.) LILIA R. BAUTISTA (SGD.) EDUARDO T. MALINIS Member Member (Chairperson, Securities (Officer-in-Charge, Insurance Commission) and Exchange Commission) July 6, 2004 Rafael B. Buenaventura Chairman and Governor Bangko Sentral BSP Complex, Malate 1004, Manila Dear Governor Buenaventura: The international coalition to stem terrorism financing has been a joint effort involving many different countries, including significant efforts by the Government of the Republic of the Philippines. The Provisions of UN Security Council Resolution 1373 requiring member states to freeze terrorist assets without delay and to prohibit their nationals or persons in their territories from financing terrorism reflect this shared commitment on the part of the international community. Together, we are putting in place the necessary institutional and regulatory infrastructure to bar access to the financial system of terrorists and their financiers. TSIDaH On September 23, 2001, President George Bush issued Executive Order 13224 blocking the assets of 27 persons and entities. The Order provided the Secretary of State the authority to designate foreign persons who have committed, or pose a significant risk of committing, acts of terrorism that threaten the security of US Nationals or the national security, foreign policy or economy of the United States. The Order also provided the Treasury Department with the authority, among other things, to designate persons who lend support to designated terrorists. A designation by either State or Treasury could result in the blocking of their assets in the U.S. or held by U.S. persons, wherever located. On June 21, Italy submitted six names to the UN 1267 Sanctions Committee for designation and inclusion on the Committee's consolidated list of individuals/entities associated with Al Qaida, the Taliban, or Usama bin Laden. After reviewing the statement of case supplied by Italy as well as additional information in the possession of the USG, the U.S. decided that there was sufficient evidence to support the designation and sent a letter supporting the designation to the Committee. On June 23, the Committee designated the names for inclusion on its consolidated sanctions list. In accordance with relevant UNSC Resolutions, including 1267 and most recently, 1526, all UN Member States are obligated to impose sanctions, including freeze the assets of the individuals included on the 1267 Committee's list. As noted above, the international coalition to combat terrorist financing has been a joint effort involving many countries. We urge you to check carefully for offices or financial assets belonging to these individuals in your country. Together, we are continually strengthening the necessary institutional and regulatory infrastructure to bar access to the financial system of terrorists and their financiers. We hope that your government can, take measures similar to our own to freeze the assets of the persons on this most recent list, as well as all prior lists. The Embassy of the United States of America avails itself of this opportunity to offer the Central Bank of the Philippines the assurances of its highest consideration. Sincerely, (SGD.) DAN MARTINEZ Deputy Economic Counselor Enclosure: as stated TERRORIST FINANCE ITALIAN NAMES LIST 59 (1) ABDELHEDI Mohamed Ben Mohamed DOB: 10 August 1965. POB: Sfax (Tunisia). Residence: via Catalani, n. 1 Varese (Italy). Fiscal Code: BDL MMD 65M10 Z352S. (2) DARRAJI Kamel DOB: 22 July 1967. POB: Menzel Bouzelfa (Tunisia). Residence: via Belotti, n. 16 Busto Arsizio (Varese Italy). Fiscal Code: DRR KML 67L22 Z352Q or DRR KLB 67L22 Z352S. (3) EL MAHFOUDI Mohamed DOB: 24 September 1964. POB: Agadir (Morocco). Residence: via Puglia, n. 22 Gallarate (Varese Italy). Fiscal Code: LMH MMD 64P24 2330F. (4) JAMMALI Imed Ben Bochir DOB: 25 January 1968. POB: Menzel Temine (Tunisia). Residence: via Dubini, n. 3 Gallarate (Varese Italy). Fiscal Code: JMM MDI 68A25 Z352D. DSAacC (5) LOUBIRI Habib Ben Ahmed DOB: 17 November 1961. POB: Menzel Temine (Tunisia). Residence: via Brughiera, n. 5 Castronno (Varese Italy). Fiscal Code: LBR HBB 61917 Z352F. (6) TRABELSI Chabaane Ben Mohamed DOB: 1 May 1966. POB: Menzel Temine (Tunisia). Residence: via Cuasso, n. 2 Porto Ceresio (Varese Italy). Fiscal Code: TRB CBN 66E01 Z3520. TERRORIST FINANCE ITALIAN NAMES LIST 59 On June 23, six names were designated by the UN 1267 Sanctions Committee (the "Al Qaida/Taliban Sanctions Committee") for inclusion on its consolidated list of individuals and entities associated with Al Qaida, the Taliban or Usama bin Laden. Under relevant UNSC Resolutions, including 1267 and, most recently, 1526, persons and entities on the consolidated list are subject to sanctions (asset freeze, travel ban, arms embargo), which all UN Member States are obligated to implement. The United States designated and froze the assets of these six individuals domestically on June 23. We urge your government to implement UNSC resolutions and take action to freeze the assets of these individuals and implement the other sanctions as soon as possible. We urge you to check carefully for any funds, financial assets or economic resources, including offices belonging to, or related to, these individuals in your country. We hope that you will share with us any actions or freezing of assets that you undertake. In addition, we would welcome any information that you would like to share with us regarding the activities of these individuals or related individuals. We appreciate the close cooperation with your country in the international war on terrorism.