BSP Circular Letter

December 8, 2003 BSP CIRCULAR LETTER TO : All Banks and Non-Bank Financial Institutions Attached is Resolution No. 300 dated 25 November 2003 issued by the Anti-Money Laundering Council relative to the request of the Government of the United States to freeze the assets of the following individuals: 1. EL AYASHI, RADI ABD EL SAMIE ABOU EL YAZID 2. CABDULLAAH, CIISE MAXAMED 3. HAMMID, MOHAMMED TAHIR 4. MOSTAFA, MOHAMED AMIN 5. MOHAMED, DAKI 6. AL SAADI, FARAJ FARJ HASSAN 7. SAADI, NASSIM 8. BEN ABDELHAKIM, CHERIF SAID 9. RIHANI, LOTFI 10. BOUYAHIA, HAMADI 11. ROUINE, LAZHER BEN KHALIFA BEN AHMED 12. ZARKAOUI, IMED BEN MEKKI 13. TRABELSI, MOURAD 14. HAMRAOUI, KAMEL BEN MOULDI 15. DRISSI, NOUREDDINE For your guidance and strict compliance. SIHCDA (SGD.) ALBERTO V. REYES Deputy Governor RESOLUTION NO. 300 On November 13, 2003, the Government of the United States, through its Embassy in Manila sent a letter of even date addressed to the Executive Director, Anti-Money Laundering Council (AMLC) relative to the request to freeze the assets of the following individuals: 1. EL AYASHI, Radi Abd El Samie Abou El Yazid; 2. CABDULLAAH, Ciise Maxamed; 3. HAMMID, Mohammed Tahir; 4. MOSTAFA, Mohamed Amin; 5. MOHAMED, Daki; 6. AL SAADI, Faraj Farj Hassan; 7. SAADI, Nassim; 8. BEN ABDELHAKIM, Cherif Said; 9. RIHANI, Lotfi; 10. BOUYAHIA, Hamadi; 11. ROUINE, Lazher Ben Khalifa Ben Ahmed; 12. ZARKAOUI, Imed Ben Mekki; 13. TRABELSI, Mourad; 14. HAMRAOUI, Kamel Ben Mouldi; and 15. DRISSI; Noureddine. On November 10, Italy asked the UN 1267 Sanctions Committee to add the names of the afore-said fifteen (15) individuals to the Committee's consolidated list, maintained pursuant to UNSCRs 1267, 1390 and 1455. 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 a copy of the November 13, 2003 letter from the United States; (2) To request the Supervising Authorities to circularize among all covered institutions under their respective jurisdictions, a copy of the subject November 13, 2003 letter from the United States; and (3) To require said Supervising Authorities to direct the covered institutions under their respective jurisdictions to submit directly to the Council covered transaction reports and suspicious transaction reports involving the afore-named individuals in accordance with Sections 7 and 9 of the AMLA, Rules 5.2, 5.3, and 9.3 of the IRRs of the AMLA and other related or applicable rules, regulations, circulars and operating manuals promulgated by the Supervising Authorities. November 25, 2003, Manila, Philippines. (SGD.) RAFAEL B. BUENAVENTURA Chairman (Governor, Bangko Sentral ng Pilipinas) (Signed) (SGD.) LILIA R. BAUTISTA EDUARDO T. MALINIS Member Member (Chairperson, Securities and Exchange Commission) (Officer-in-Charge, Insurance Commission) November 13, 2003 Atty. Vicente Aquino Executive Director Anti-Money Laundering Council Room 507, EDPC Building BSP Complex, Roxas Blvd. Dear Attorney Aquino: The United States appreciates your government's efforts in support of the war on terrorism. More specifically, we would appreciate the cooperation of the Government of the Philippines in moving to freeze the assets of the individuals set out in the attached list. On November 10, Italy asked the UN 1267 Sanctions Committee to add the names of fifteen individuals to the Committee's consolidated list, maintained pursuant to UNSCRs 1267, 1390, and 1455. The U.S. supported this action with a letter to the Committee. Persons and entities on the consolidated list are subject to sanctions (travel ban, arms embargo, and asset freeze), which all UN Member States are obligated to implement in accordance with the relevant UNSCRs. The United States has also designated and frozen the assets of these fifteen individuals domestically on November 10. We hope that your government will freeze the assets of these individuals and implement 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 any other individuals involved in a cell associated with Ahmed Fadhil Nazar Al-Khalayleh (a.k.a. Abu Mussab AL-ZARQAWI, designated on September 19 of this year) in the Philippines. We appreciate the close cooperation between our governments in this effort and your willingness to forego any public announcement or discussions of this action until after it is announced in the United Nations. Sincerely, (Sgd.) Morton Holbrook Economic Counselor Attachments: List of Names Talking Points US Statement of Case List of Names EL AYASHI, Radi Abd El Samie Abou El Yazid (POB: Egypt) CABDULLAAH, Ciise Maxamed (POB: Somalia) HAMMID, Mohammed Tahir (POB: Iraq) MOSTAFA, Mohamed Amin (POB: Iraq/Kurdish) MOHAMED, Daki (POB: Morocco) AL SAADI, Faraj Farj Hassan (POB: Libya) SAADI, Nassim (POB: Tunisia) BEN ABDELHAKIM, Cherif Said (POB: Tunisia) RIHANI, Lotfi (POB: Tunisia) Wanted by the Italian authorities BOUYAHIA, Hamadi (POB: Morocco) ROUINE, Lazher Ben Khalifa Ben Ahmed (POB: Tunisia) ZARKAOUI, Imed Ben Mekki (POB: Tunisia) TRABELSI, Mourad (POB: Tunisia) HAMRAOUI, Kamel Ben Mouldi (POB: Tunisia) DRISSI, Noureddine (POB: Tunisia) Talking Points On November 10 Italy asked the UN 1267 Sanctions Committee to add the names of fifteen individuals to the Committee's consolidated list, maintained pursuant to UNSCRs 1267, 1390, and 1455. The U.S. supported this action with a letter to the Committee. Persons and entities on the consolidated list are subject to sanctions (travel ban, arms embargo, and asset freeze), which all UN Member States are obligated to implement in accordance with the relevant UNSCRs. The United States has also designated and frozen the assets of these fifteen individuals domestically on November 10. We hope that your government will freeze the assets of these individuals and implement 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 any other individuals involved in a cell associated with Ahmed Fadhil Nazar Al-Khalayleh (a.k.a. Abu Mussab AL-ZARQAWI, designated on September 19 of this year) in your country. We appreciate the close cooperation between our governments in this effort and your willingness to forego any public announcement or discussions of this action until after it is announced in the United Nations. US Statement of Case The United States Government is designating 15 individuals because they have acted for or on behalf of al Qa'ida. The U.S. takes this action in support of the Government of Italy and its submission of these names to the United Nations 1267 Committee. This action is taken under obligations to freeze the assets of individuals brought to the attention of the United States by a foreign government and is consistent with our obligations under UN Security Resolution 1373 and the Financial Action Task Force's Special Recommendation III on Terrorist Financing. These names have been submitted to the UN by for listing as terrorists. A UN listing requires all Member States to freeze the assets of those listed and to bar cross-border travel. UN Security Council Resolutions also require UN Members to freeze assets without delay once they receive credible information from a foreign government. The Italian government's actions to shut down this terrorist cell in Milan further disrupts the transnational terrorist network of the infamous al Qa'ida operative, al Zarqawi, who was added to the UN Sanctions Committee consolidated list on September 19, 2003. With this action, the U.S. and our international partners have designated 343 individuals and organizations as terrorists and terrorist supporters and have frozen over 136.8 million U.S. dollars in terrorist assets. Background on the Milan-based Terrorist Cell: Since 1999, Italian law enforcement agencies have conducted several terrorist related investigations in order to expose terrorist cells linked with al Qa'ida and operating in Italy. The Tribunale Ordinario di Milano has found all fifteen individuals to be involved in al Qa'ida related criminal activities and with members of terrorist cells located in Milan, Cremona, and Parma. According to information provided by the Italian government, the fifteen individuals have helped illegal immigration to Italy, and have provided financial and material means for terrorist activities in Italy and Europe. Some of those fifteen have also recruited volunteers for military camps in Iraq, organized by Ansar al Islam group (a terrorist organization operating in Northern Iraq, linked to al Qa'ida, and designated by the United States Government and the UN). All of the fifteen are charged with participating in crimes such as the following: Fabricating, receiving, providing, and hiding forged documents to be used by individuals in order to reach military camps in Iraq and to move throughout Europe in order to maintain contacts with other transnational cells and to assist illegal immigrants in entering Italy and the European Union Recruiting individuals for training in military camps, mainly in Iraq Collecting money for terrorist-related activities Organizing actions to carry out the terrorist cell's plans Planning to commit international terrorist activities in Italy and Europe Providing terrorists living in European and Middle-East countries with forged documents Maintaining contacts throughout Europe, the Middle East, and Western Asia in Pakistan, Iran, Yemen, Iraq, Malaysia, and Afghanistan Providing cell members with weapons and explosives. As participants of the cells in Italy, each of the 15 individuals has acted for or on behalf of al Qa'ida. Some have acted for or on behalf of Ahmed Fadhil Nazar AL-KHALAYLEH (a.k.a. Abu Mussab AL-ZARQAWI), a terrorist leader with close operational ties to al Qa'ida, who was designated by the United States government on September 23, 2003, and has also been designated by the UN 1267 Sanctions Committee. Some of these individuals have assisted or provided financial, material or other support or services to or in support of Zarqawi's terrorist activities. The Milan-based terrorist cell was organized and headed by the individual El Ayashi. The cell functioned as an associative structure within the transnational terrorist organization led by Zarqawi. The cell was involved in forging passports, collecting donations, and facilitating the illegal entry and departure of recruits into and out of Italy to combat coalition forces in Iraq. In addition, this cell recruited "brothers" to send to Iraq via Syria to the camps of Ansar al Islam. The Milan cell also had key individuals located in Parma and Cremona. The cell, which included high-ranking al Qa'ida operatives in direct contact with the organization's leadership in Syria and Iraq, supported itself with criminal activities with ramifications throughout Italy and across Europe. Their key activity was to issue forged identification, transit, and residency documents in order to aid individuals in other European countries, and even East Asia, to reach Western countries freely and securely. The cell was organized according to specific roles, with the frill intention to eventually strike imminently with acts of terrorism in different countries. Some of the 15 individuals have acted for or on behalf of the following terrorist leaders, designated for their close operational ties to al Qa'ida: Ramzi Mohammed Abdullah BINALSHIBH, a terrorist leader responsible for planning the September 11 attacks and with close operational ties to al Qa'ida, who was designated on September 30, 2002; Sami Ben Khemais ESSID, designated on April 19, 2002; Es Sayed Abdelkader MAHMOUD, designated on April 19, 2002; Tarek MAAROUFI, designated on August 29, 2002; Mokhtar BOUCHOUCHA, designated on April 19, 2002; Abdel RAHMAN, designated on October 12, 2001; Abdelkader Mahmoud ES SAYED, designated on April 19, 2002; Adel Ben SOLTANE, designated on August 29, 2002.