BSP Circular Letters BSP Circular Letter No. CL-2008-039BSP Circular Letter No. CL-2008-039 2008-07-02T00:00:00.000+08:00

Anti-Money Laundering Council (AMLC) Resolution No. 53 dated 27 June 2008

LYZ

SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER NO. CL-2008 - 039

To All Banks and Non-Bank Financial Institutions Under BSP Supervision

Subject Anti-Money Laundering Council (AMLC) Resolution No. 53 dated 27 June 2008

to its consolidated list of individuais and entities subject to the 27 June 2008 (copy attached), you are hereby informed that on 21 April 2008, Committee approved the addition of the names of Suhayl Fatilloevich Buranov (SUHAYL) and Najmiddin Kamolitdinovich Jaloiov (NAJMIDDIN) sanctions/measures outlined in subparagraphs (a), (b), and (c) of paragraph 1 of Security Councii Resolution 1735 (2006). the United Nations Security Council Ai-Qaida and Taliban Sanctions Pursuant to Anti-Money Laundering Council Resolution No. 53 dated

involving Suhayi Fatitoevich Buranov and Najmiddin Kamolitdinovich Jalolov. submit to the Council, reports of covered or suspicious transactions, if any Under the same resolution, all covered institutions are directed to

Ruies and Reguiations, you are hereby directed to submit directly to AMLc reports of covered and suspicious transactions, if any, involving the above named individuals. (AMLA) of 2001, as amended, and Rule 9.3 of the Revised implementing In accordance with Sections 7 and 9 of the Anti-Money Laundering Act

For your guidance and strict implementation.

D NESTOR AYESPENIL JR

Deputy Governo

Juy 2008

Att: AS

PAnAnALAPing MAtatAG, BAnSAnG PAnAtAG

A. Mabini St., Malate 1004, Manila, Philippines Trunkline (632) 524-70-11 URL:www.bsp.gov.ph e-mail: [email protected]

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0 x Bangko Sentral ng Pilipinas Complex Anti-Money Laundering Council Manila, Philippines

RESOLUTION NO. _53 Series of 2008

outlined in subparagraphs (a)1, (b)2, and (c)3 of paragraph 1 of Security Council Sanctions Committee approved the addition of SUHAYL FATILLOEVICH BURANOV {SUHAYL} and NAJMIDDIN KAMOLiTDINOVICH JALOLOV (NAJMIDDIN) Consolidated List of individuals and entities subject to the sanctions/measures Resolution 1735 (2006). On 21 April 2008, the United Nations Security Council Al-Qaida and Taliban to its

Relevant information on Suhayl and Naimiddin are as follows:

Nationality Name Listed on DOB POB A.K.A Address SUHAYL FATILLOEVICH BURANOV Massiv Kara-Su-6, Building 12, Apt. 59, Tashkent Suhayl Fatilloyevich Buranov Uzbek Uzbekistan 21 Apr. 2008 1983 Tashkent, Uzbekistan

mines and explosives at the Al-Qaida camp in the Khost province and has Other Information : Suhayl Fatilloevich Buranov (Suhayl) is one of the Ieaders of the islamic Jihad Group. He has undertaken special training on participated in military operations in Afghanistan and Pakistan on the committed in Uzbekistan in 2004. Taliban side. He was one of the organizers of the terrorist attacks

Criminal proceedings were instituted against him in 2000 in accordance

'economic resources are made available, directly or indirectly, for such persons' benefit, or by their nationals or by persons. 1 (a) Freeze without delay the funds and other financial assets or economic resources of these individuafs, groups. undertakings, and entities, including funds derived from property owned or controlled, directly or indirectiy, by them or'by persons acting on their behalf or at their direction, and ensure that neither these nor any other funds, financial assets or within their territory: 2 (b) Prevent the entry into or the transit through their territaries of these individuals, provided that nothing in this paragraph shall oblige any State to deny entry or require the departure from its territories of its own nationals and this paragraph shall not apply where entry or transit is necessary for the fulfillment of a judicial process or the Committee established pursuant to resolution 1267 (1999) ("the Committee") determines on a case-by-case basis only that entry or transit is justified;

types including weapons and ammunitions, military vehicles and equipment, paramilitary equipment, and spare parts for the 3 (c) Prevent the direct or indirect supply, sale, or transfer, to these individuals, groups, undertakings and entities from their territories or by their nationals outside their territories, or using their flag vessels or aircraft, of arms and related material of al aforementioned and technical advice, assistance, or training related to military activities

Uzbekistan: Articles 159, par 3 (Attempts to Constitutional Order of the for his arrest has been issued. with the following articles of the Criminal Code of the Republic of Republic of Uzbekistan), and' 248' (illegal Possession of Arms, Ammunitions, Explosive Substances, or Expiosive Assemblies). An order

Listed on Address Name DOB POB Nationality :21 Apr. 2008 NAJMIDDIN KAMALITDINOVICH JALOLOV Andijan Region, Uzbekistan S. Jalilov Street 14, Khartu, Andijan Region, Uzbekistan Uzbek 1972

in military operations in Afghanistan and Pakitan on the Taliban Side. He was one of the organizers of the terrorists attacks committed in Uzbekistan in 1999 and 2004. training on mines and explosives at Ai-Qaida camps and has participated Other Information : Najimiddin Kamolitdinovich Jalolov (Najmiddin) is one of the leaders of the Islamic Jihad Group. He has undertaken special

Criminal proceedings were instituted against him in March 1999 in accordance with the following articles of the Criminal Code of the Community) and 244 (Failure to Report about Crime or Concealment thereof). An order for his arrest has been issued. Republic of Uzbekistan: Articles 154 (Mercenary), 155 (Terrorism), 156 (Incitement of Ethnic, Racial or Religious Hatred), 159 (Attempts to Constitutional Order of Uzbekistan), and 242 (Organization of Criminal

being associated with terrorists. KAMOLITDINOVICH JALOLOV in the list of the UN Security Council validates their The inclusion of SUHAYL FATILLOEVICH BURANOV and NAJIMIDDIN

provides: 1373 adopted by the Security Council at its 4385th meeting on 28 September 2001 The provisions of the United Nations Security Council Resolution (UNSCR)

"Acting under Chapter VII of the Charter of the United Nations,

1. Decides that all States shall:

(a) Prevent and suppress the financing of terrorist acts;

(b) Criminalize the willful provision or collection, by means, territories with the intention that the funds should be used, or directly or indirectly, of funds by their nationals or in their

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terrorists acts in the knowledge that they are to be used, in order to carry our

(c) Freeze without delay funds and other financial assets or owned or controlled directly or indirectly by such persons and entities, including funds derived or generated from property associated persons and entities; economic resources or persons who commit, or attempt to commit, terrorist acts or participate in or facilitate the commission of terrorist acts; of entities owned or controlled directly or indirectly by such persons; and of persons and

(d) Prohibit their nationals or any persons and entities within available, directly or indirectly, for the benefit of persons of persons and entities acting on behalf of or at the direction of such persons."(Emphasis supplied) their territories from making any funds, financial assets or economic resources or financial or other related services who commit or attempt to commit or facilitate or participate in the commission of terrorist acts, of entities owned or controlled, directly or indirectly, by such persons and

Section 7 (1) of R.A. 9160, as amended, provides:

composed of the Governor of the Bangko Sentral ng Pilipinas as defined hereunder: chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and Exchange Commission as members. The AMLC shall act unanimously in the discharge of its functions as - The Anti-Money Laundering Council is hereby created and shall be Section 7. Creation of Anti-Money Laundering Council (AMLC)

(1) to require and receive covered or suspicious transaction reports from covered institutions; (Emphasis supplied)

Money Laundering Act of 2001, as amended, provides: Moreover, the Revised Implementing Rules and Regulations of the Anti-

authorized under Section 7 (8) and 13 (b) and (d) of the AMLA to authorized under Section 7 (7) of the AMLA to cooperate with Rule 13.7.2. Authority to Assist the United Nations and other International Organizations and Foreign States. - The AMLC is receive and take action in respect of any request of foreign states for assistance in their own anti-money laundering operations. It is also the National Government and/or take appropriate action in respect of conventions, resolutions and other directives of the

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United Nations (UN), the UN Security Council. and other international organizations of which the Philippines is a member. (Emphasis supplied)

Suppression of the Financing of Terrorism and the United Nations Security Council Resolution (UNSCR) 1373, and the Anti-Money Laundering Act of 2001, as Money Laundering Councii is authorized to check any funds, financial assets or economic resources, including property or interests in property owned or controlled directly or indirectly by said individuals. amended, as well as its Revised Impiementing Rules and Regulations, the Anti- Consequentiy, on the basis of the International Convention for the

The Council resolved to:

N Direct the covered institutions to submit to the Council reports of

FATILLOEVICH BURANOV and NAJMIDDIN KAMOLITDINOVICH JALOLOV; and covered or suspicious transactions, if any, involving suHAYl

2 all covered institutions under their respective jurisdictions. Request the Supervising Authorities to disseminate this Resolution to

27 June 2008, Manila, Philippines.

ArMAndo L. Suratos

(Officer-in-Charge, Bangko Sentral ng Pilipinas) Acting Chairman

(Chairperson, Securities and Exchange Commission) FE B: BARIN Member (Commissioner, Insurance Commission) EDUARDO T. MALINIS Member

A

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