Anti-Money Laundering Council (AMLC) Resolution No. 394 and 394-a

entral M tinas

SUPERVISION AND EXAMINATION SECTOR OFFICE OF THE DEPUTY GOVERNOR

CIRCULAR LETTER

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

Nos. 394 and 394-a dated 14 July 2004 and 16 July 2004, respectively, request including offices belonging to the following individuais who are suspected of your cooperation to the call of the United States Government, thru the attached ietter of the US Embassy, Manila dated 6 July 2004 addressed to BSP Governor Rafaei B. Buenaventura, to freeze funds, financial assets or economic resources, supporting and financing terrorist activities: The Anti-Money Laundering Council (AMLC), in the attached Resolution

5. 4 1 2 3. 6. EL MAHFOUDI, Mohamed LOUB|RI Habib Ben Ahmed ABDELHEDI Mohamed Ben Mohamed DARRAJI, Kamel JAMMALI, Imed Ben Bechir TRABELSI Chabaane Ben Mohamed

the AMLC reports of covered and suspicious transactions, if any, involving the above-named individuals Pursuant to said resolutions, you are hereby directed to submit directly to

For your strict compliance.

alberto v REyeS

Deputy Governor

Att.: A/S

C 2004

PANANALAPING MATATAG, BANSANG P ANATAG

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

Anti-Money Laundering Council

Bangko Sentral ng Pilipinas Complex Manila, Philippines

RESOLUTION NO. 394

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 On 6 July 2004, the Government of the United States, through its Embassy

related to the fotlowing individuals and to freeze the same should any be found:

2. DARRAJI Kamel: 5. LOUBIRI Habib Ben Ahmed; and 1. ABDELHEDi Mohamed Ben Mohamed 3. EL MAHFOUDI Mohamed; 4. JAMMALI !med Ben Bechir; 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 tommittee") for inciusion on its consolidated tist of individuals and entities associated with Al Qaida, the Taliban or Usama bin Laden.

including 1267 and, most recently, 1526, persons and entities on the consolidated list are subject to sanctions (asset freeze, travei 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. Under relevant United Nations Security Council (UNsC) Resolutions,

through the Anti-Money Laundering Council, must actively support the actions required under the subject UNsc Resolutions.

Pursuant thereto, the Couricil unanimously resolves, as follows:

(t) To provide the Supervising Authorities, the Bangko Sentral ng Insurance Commission, with copy of the 6 July 2004 ietter from the United States; and Pilipinas, the Securities and Exchange Commission, and the

(2) To request said Supervising Authorities to circularize among all covered institutions under their respective jurisdictions, copy of the subject 6 July 2004 ietter from the United States;

July 2004, Manila, Philippines.

(Governor, Bangko Sentral ng Pilipinas RaFael B. BuenAventura It Chairman

(Chairperson, Securities and Exchange Commission) (Officer-in-Charge, insurance Commission) LiLiA R`BAUtiStA Member C A EDUARDO'T. MALINIS Member

Anti-Money Laundering Council Bangko Sentral ng Pilipinas Complex Manila, Phitippines

RESOLUTION NO. 394-A

On 14 July 20o4, the Anti-Money Laundering Council (AMLC) issued Resolution No. 394 reguiring the Supervising Authorities to circularize among all

Ietter of the Government of the United States requesting the Philippines to check covered institutions under their respective jurisdictions the copy of the 6 July 2oo4 carefully for any funds, financial assets or economic resources, inicluding offices belonging to, or reiated to the foliowing individuals and to freeze the same shouid any be found:

1. ABDELHEDI Mohamed Ben Mohamed: 2. DARRAJI Kamel:

4. JAMMALI Imed Ben Bechir; 3. EL MAHFOUDt Mohamed;

5. LOUBIR! Habib Ben Ahmed; and 6. TRABELSI Chabaane Ben Mohamed

Pur suant thereto, the Council further unanimousty resolves to require the

transactions, if any, involving the afore-named terrorist individuals "in accordance covered institutions to submit directly to the Council reports of covereg or suspicious

Implementing Rules and Regulations and other related or applicable rules, with Sections 7 and 9 of the AMLA, as amended and Rule 9.3 of the Revised Authorities. regulations, circuiars and operating manuals promuigated by tt e Supervising

/-... July 2004, Manila, Philippines.

ALBERtO VA REyeS

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

(Chairperson, Securities and Exchange Commission) (Officer-in-Charge. Insurance Commission) LiliA r`BAutista AA Member EduArdo t. Ma LiniS Member

LUU

Embassy of the Uniled States of America

Manila, Philippines

JuIy 6, 2004

Rafael B. Buenaventa Ch airntan and Governor Bangko Sentral BSP Complex, Malare 1004, Manila

Dear Governor Buenaventura:

The international coatition to stam terrorism financing has been a joint effout

involving many different conntries, including significant efforts by the Government of

the Republic of the Philippines. Thg Provisions of UN Sectnity Council Resolution 1373

rexjuiring member states to freeze tenrorist assets without delay and to prohibit their

nationais or persons in their territories from financing terrorism reflect this shared

comnitment on the part of the intenational community. Together, we are putting in

piace the necessary institutional and reguiatory infrastructure to har access to the

financial system of terrorists and their financiers.

On Septeiriber 23, 2001. President George Bush issued Executive Order 13224

blockiug the assets of 27 persons and entities. The Order provided the Secretary of State

the authority to desiguate forcign persons who have conimitted, or pose a significant risk

of conmitting, acts of tertorism that threaten the security of US Nationals or ths national

security, foreign policy or economy of the United States. The Order aiso provided ths

Treuaury Department with the authority, armong other things, to designate persons whe

Iend supnort to designated terrorists. A designation by either State or Treasury couid

resnt in the blocking of their assets in the U.. or held by U.S. persons, wherever located.

On June 21, Italy submitted six nanes to the UN 1267 Sanctions Couunittee for

designation and inchision on the Conimittee's consolidated list of individuais/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 designatiou

and sent a letter supporting the designation to the Committee. On June 23, the

Cornnittee designated the names for inclusion on its consolidated sanctions list. In

accordatice with relevant UNSC Resolatioris, inchuding 1267 and most recently, 1526, atl

UN Mermber Sates are obligated to impore sanctions, including freeze the assets of the

individuals included on the 1267 Committee's list.

As noted above, the international coalition to cornbat terrorist finaricing has been

a joint effort involving many countries. We urge you to check carefully for offices or

finanoial assets belonging to these individuals in your cointry. Together, we are

continually strengthening the necessary institutional and reguialory infrastnicture to bar

tutt ALg' & EL

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aocees to the financial systent of terrorists and their financiers. We hope that your

governmext can,take ntieasures similar to our own to freeze the assets of the persons on

this most recent list, as well as all prior lists. The Embatsy 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.

Dan Martinez Deputy Economic Counselor

Enciosure: as stated

TERACRIET TINANCE

TTALTAN NAMES LIgT S9

POB: Sfax {Tunisia}. ARDELHRDI Mohained Ben Mohamed DOB: I0 August i955. {

- Vareas (Italy). Fiscal Code: BDL MMD 6sMi0 Resitenos: vis catalani, n. Z332s.

Residence: via Beictti, n. i6 -"Buoto Arsizio (Varese - Italy). ( DARRAII Kamel DOB: 22 Juiy 1267. pos: Menzsi Bouzelfa (Tuninia) Fiscal Codet

DRR KML 67L22 Z352Q O7 DRE KL2 67I,22 Z352S.

Co} Piscal Coda: LMH Tl MAHFOtDI Mohamed DOB: 24 Saptenbar 19e4. POB: Agadir (Moroc

Restdence: via Puglia, n. 22 - GallRrate (Yaregm - Italy) . {3}

MMD 64P24 Z33OF.

JAMMALI Itfed Een Bschir DoE: 25 January 1968. POB: Mlenzel Temine

(Tunisia). Residence: via Dwbini, H.. ? - Galiarate (Varese - Italy). {(

Fiscal Code: JMM HDI 68A25 Z352D.

POB: Menzel Temine

(Tunisia). Residenae: via Brughiexa, n. s {s} LoUBirT Habib Ben Ahtted toB: i7 Hovemer is6... - Castronao (Varert - Italy}.

Fiscal Code: LBR HBB 635i7 Z352r.

PO%: Menzel Tettine (E TRABELSI Chabaane Ben Mohamed DOR: 1 May iS6s. - porto Ceresio (Varese - Italy). (Tunisin). Rcaidence: via Cuaseo, n. Z : Fiscal Code: TRE CaN 66E0i Z3520.

TERRORIST FINANCE

ITALIRN NAMES LIST S9

On Tumu 23. six names wnra designated by the Un iz67 Sanctions Gommittee

(the "Al Qaida/Taliban sanctions Committee"} for inclusion on its

Consolidated list of individuals and entitiet associated with Al Qaida, the

Taliban Dr Usama hin Laden.

- Under relevant Unisc Resolutions, including l267 and, most recently, 152e.

persorr and entities cu the consolidated list are subject to Eanctions (asset

freeze, travel ban, arms embargo), which ali Un Member states Are obligated

Ls amplement..

The United states designated and frote the assets of these six individuals

dsmestically on June a3.

We urge your government to iuplement Unec rerolutions and take action to

freezs the afsete of these individuals and impiement the other sanctions as

Scon as possibie. anomic

We urge you to check carefully for any funds, financial assets ar eco

including offices balonging to, or related to, these individuais

in your country. resources

We hopo that You uill share with us any aotions or freezing of asseta that

In addition, we wouid welcome any information that you would you undertake. iike to share with us regarding the activities of these individuaia or

related individuals.

- Me apprfciate tha close cooperation with your country in the international

war or tarroriam.