The MoUs will enable the country’s Financial Intelligence Unit to share information with foreign FIUs and to obtain information from them on money-laundering activities
The government has signed memoranda of understanding with Russia, Malaysia and Brazil this year for combating money laundering and terror financing.
Negotiations with more than 30 other countries is under process for enhancing international cooperation in fighting illegal routing of money for terror and Hawala like operations, a senior finance ministry official has said.
India has also signed MoUs in this regard with Mauritius and the Philippines in 2008.
The MoUs will enable the country’s Financial Intelligence Unit (FIU) — a government agency to investigate and disseminate information between financial and law enforcement agencies for identification of suspicious money laundering — to share information with foreign FIUs wherever considered necessary and reciprocally to obtain information from them on money-laundering activities, the official said.
The government, in the same context this year, received 69 requests of information from foreign financial intelligence units while it sent 17 such requests to other countries.
The Union government has also established Joint Working Groups (JWG) — comprising senior officials from enforcement agencies — with a number of countries like the US, Germany, the UK and Russia on various operational issues relating to terrorism and other crimes including money laundering and drug trafficking.
A joint meet was held with Russia this year, the finance ministry official added.
The FIU-IND in relation to foreign FIUs screens and processes requests from foreign FIUs, disseminates information to foreign FIUs, establishes and maintains relationship with foreign FIUs, and facilitates, administers and negotiates Memoranda of Understanding (MoUs) with foreign FIUs.
According to established government guidelines, the MoU envisages that the information or documents obtained from the respective authorities will not be disseminated to any third party, nor be used for administrative, prosecutorial or judicial purposes without prior consent of the disclosing Authority.
The information acquired will be treated as confidential and will be subject to official secrecy. The MoU also provides that authorities will jointly arrange, consistent with the legislation of their respective countries, for acceptable procedures of communication and will consult each other with the purpose of implementing the Memorandum, the guidelines state.
The guidelines further add that the authorities would not be under any obligation to give assistance if judicial proceedings have already been initiated concerning the same facts to which the request is related. Further, the MoU may be amended or revoked at any time.
Source: Live Mint
Tampilkan postingan dengan label Philippines. Tampilkan semua postingan
Tampilkan postingan dengan label Philippines. Tampilkan semua postingan
Rabu, 06 Juni 2012
Jumat, 25 Mei 2012
Philippines: Financing of terrorism not yet a crime
by Kimberly Joyce R. Veloso (abs-cbnNews.com/Newsbreak)
Anti-Money Laundering Council (AMLC) executive director Vicente Aquino reported today that financing of terrorist activities has not been clearly defined as a crime under Republic Act 9372, otherwise known as the Human Security Act of 2007.
"The financing of terrorism has not been expressly stated as a crime. In short, financing of terrorism is not a crime under the Human Security Act," Aquino said during the financial intelligence unit’s meeting with the Senate and Congressional panels.
He pointed out that the criminalization of terrorism has been included in the recommendations made by the World Bank-Asia Pacific Mutual Evaluation of the AMLC, including freezing and seizure of terrorist assets.
Members of the congressional panel on anti-laundering, Reps. Jose Lacson, Jaime Lopez, Teddy Boy Locsin, and Rodolfo Plaza and their Senate counterpart Senator Edgardo Angara, suggested that the AMLC should act on the inclusion of financing of terrorist activities in the crimes covered by the Anti-Money Laundering Act (AMLA).
Aquino explained that even with the implicit inclusion of financing of terrorism in the AMLA, such deed is covered under the definition of crimes in the Anti-Terrorism Act.
In the AMLA, or Republic Act 9160 of 2001, money laundering is defined as "a crime whereby the proceeds of an unlawful activity as defined in the AMLA are transacted or attempted to be transacted to make them appear to have originated from legitimate sources". In 2002, certain provisions on the AMLA regarding the addition of particular functions to the AMLC were made.
The next mutual evaluation of the AMLC in the Philippines will be held on September 22 to October 6 this year, with legal and financial experts of the FATF member countries, the World Bank-International Monetary Fund as evaluators.
Source: Newsbreak
Anti-Money Laundering Council (AMLC) executive director Vicente Aquino reported today that financing of terrorist activities has not been clearly defined as a crime under Republic Act 9372, otherwise known as the Human Security Act of 2007.
"The financing of terrorism has not been expressly stated as a crime. In short, financing of terrorism is not a crime under the Human Security Act," Aquino said during the financial intelligence unit’s meeting with the Senate and Congressional panels.
He pointed out that the criminalization of terrorism has been included in the recommendations made by the World Bank-Asia Pacific Mutual Evaluation of the AMLC, including freezing and seizure of terrorist assets.
Members of the congressional panel on anti-laundering, Reps. Jose Lacson, Jaime Lopez, Teddy Boy Locsin, and Rodolfo Plaza and their Senate counterpart Senator Edgardo Angara, suggested that the AMLC should act on the inclusion of financing of terrorist activities in the crimes covered by the Anti-Money Laundering Act (AMLA).
Aquino explained that even with the implicit inclusion of financing of terrorism in the AMLA, such deed is covered under the definition of crimes in the Anti-Terrorism Act.
In the AMLA, or Republic Act 9160 of 2001, money laundering is defined as "a crime whereby the proceeds of an unlawful activity as defined in the AMLA are transacted or attempted to be transacted to make them appear to have originated from legitimate sources". In 2002, certain provisions on the AMLA regarding the addition of particular functions to the AMLC were made.
The next mutual evaluation of the AMLC in the Philippines will be held on September 22 to October 6 this year, with legal and financial experts of the FATF member countries, the World Bank-International Monetary Fund as evaluators.
Source: Newsbreak
Senin, 21 Mei 2012
Philippines extends freeze order on suspected terrorist's assets
The Court of Appeals on Tuesday granted the government's petition to extend for another four months the freeze order on several bank accounts of suspected terrorist Hilarion del Rosario Santos, alias Ahmed Santos - the alleged founder of the terror group Rajah Solaiman Movement (RSG).
In a five-page resolution penned by Associate Justice Teresita Dy-Liacco Flores, the CA’s Special Second Division granted the ex-parte petition filed by the Anti-Money Laundering Council to extend the freeze order against certain properties and assets in the name of Santos or his aliases, Hilarion delos Santos Jr, Hilarion del Rosario Santos III and Ricardo Ayeras.
The original freeze order issued by the CA expired last September 26, prompting the Office of the Solicitor General, representing the AMLC, to ask for an extension and for the junking of respondent’s motion to lift the freeze order.
With the CA’s ruling, the freeze order on Santos’ assets was extended until January 25, 2009.
The appellate court agreed with the argument of the OSG that the freeze order does not prevent respondent from using or earning a living from said properties, and that its purpose was merely to prevent the disposition of the subject property pending the completion of the AMLC’s investigation for possible filing of a civil forfeiture case against respondents.
“What the freeze order seeks to prevent is only the disposal or alienation of said properties during the effectivity of the said order. The Court notes that aside from Santos’ bare assertions that he is not engaged in any unlawful activity, he has not attached any proof of his innocence," the CA ruled.
The Court said that the AMLC presented prima facie evidence of his illegal activities that led to the issuance of warrants of arrest against him for rebellion and 21 counts of kidnapping and serious illegal detention with ransom, which the CA noted was needed by the group to fund its terrorist activities.
Santos converted to Islam while working in Riyadh, Saudi Arabia in 1991 and where he received bomb-making training. He was captured by military officials in October 2005 for involvement in organizing and planning bomb attacks in predominantly Christian cities in the country and was subsequently convicted of rebellion.
He was arrested with his wife Fatima and five other people while they were sleeping in a hideout in southern Zamboanga city.
The RSM, which he founded, is believed to have forged an alliance with the Abu Sayaff and the regional militant group Jemaah Islamiyah, both of which are linked to the al-Qaeda.
The military has been linking Santos, his brother Dawud and their group to the Valentine’s Day bombing in 2005 that killed eight people and injured a hundred others and to the bombing of a passenger ferry off Bataan last year that claimed over a hundred lives.
Also, the group has been linked to the alleged plot to blow up the US embassy in Manila, the kidnapping of 21 foreigners in Sipadan, Malaysia and the foiled Lenten holiday bombing in Malate in 2006.
During his arrest, Santos was said to have been getting foreign funding through his bank account.
His group also reportedly established a training camp in his family's property in Pangasinan, where an Al Qaeda suicide cell allegedly trained before the 9/11 attacks.
Santos’ capture prompted the US government to pay P26 million reward to two tipsters who provided information for his arrest, as he was also tagged for alleged involvement in the September 11, 2005 bombing of the World Trade Center in New York and related attacks.
In its ruling, the CA likewise ordered that the Register of Deeds of Pangasinan and Quezon City to annotate on the respective transfer certificates of titles (TCT) and the freezing of several of Santos’ properties until the duration of the freeze order.
Among these assets were a property located at no. 50 Purdue St. cor. Ermin Garcia in Cubao, QC; and a 25-hectare property in Barangay Mal-Ong in Anda, Pangasinan.
The BPI Family Savings Bank in Kalentong, Mandaluyong was likewise ordered to continue to freeze Account no. 5036217881 under the name of Ricardo Ayeras, and all related web accounts.
Source: GMANews.TV
In a five-page resolution penned by Associate Justice Teresita Dy-Liacco Flores, the CA’s Special Second Division granted the ex-parte petition filed by the Anti-Money Laundering Council to extend the freeze order against certain properties and assets in the name of Santos or his aliases, Hilarion delos Santos Jr, Hilarion del Rosario Santos III and Ricardo Ayeras.
The original freeze order issued by the CA expired last September 26, prompting the Office of the Solicitor General, representing the AMLC, to ask for an extension and for the junking of respondent’s motion to lift the freeze order.
With the CA’s ruling, the freeze order on Santos’ assets was extended until January 25, 2009.
The appellate court agreed with the argument of the OSG that the freeze order does not prevent respondent from using or earning a living from said properties, and that its purpose was merely to prevent the disposition of the subject property pending the completion of the AMLC’s investigation for possible filing of a civil forfeiture case against respondents.
“What the freeze order seeks to prevent is only the disposal or alienation of said properties during the effectivity of the said order. The Court notes that aside from Santos’ bare assertions that he is not engaged in any unlawful activity, he has not attached any proof of his innocence," the CA ruled.
The Court said that the AMLC presented prima facie evidence of his illegal activities that led to the issuance of warrants of arrest against him for rebellion and 21 counts of kidnapping and serious illegal detention with ransom, which the CA noted was needed by the group to fund its terrorist activities.
Santos converted to Islam while working in Riyadh, Saudi Arabia in 1991 and where he received bomb-making training. He was captured by military officials in October 2005 for involvement in organizing and planning bomb attacks in predominantly Christian cities in the country and was subsequently convicted of rebellion.
He was arrested with his wife Fatima and five other people while they were sleeping in a hideout in southern Zamboanga city.
The RSM, which he founded, is believed to have forged an alliance with the Abu Sayaff and the regional militant group Jemaah Islamiyah, both of which are linked to the al-Qaeda.
The military has been linking Santos, his brother Dawud and their group to the Valentine’s Day bombing in 2005 that killed eight people and injured a hundred others and to the bombing of a passenger ferry off Bataan last year that claimed over a hundred lives.
Also, the group has been linked to the alleged plot to blow up the US embassy in Manila, the kidnapping of 21 foreigners in Sipadan, Malaysia and the foiled Lenten holiday bombing in Malate in 2006.
During his arrest, Santos was said to have been getting foreign funding through his bank account.
His group also reportedly established a training camp in his family's property in Pangasinan, where an Al Qaeda suicide cell allegedly trained before the 9/11 attacks.
Santos’ capture prompted the US government to pay P26 million reward to two tipsters who provided information for his arrest, as he was also tagged for alleged involvement in the September 11, 2005 bombing of the World Trade Center in New York and related attacks.
In its ruling, the CA likewise ordered that the Register of Deeds of Pangasinan and Quezon City to annotate on the respective transfer certificates of titles (TCT) and the freezing of several of Santos’ properties until the duration of the freeze order.
Among these assets were a property located at no. 50 Purdue St. cor. Ermin Garcia in Cubao, QC; and a 25-hectare property in Barangay Mal-Ong in Anda, Pangasinan.
The BPI Family Savings Bank in Kalentong, Mandaluyong was likewise ordered to continue to freeze Account no. 5036217881 under the name of Ricardo Ayeras, and all related web accounts.
Source: GMANews.TV
U.S. Intelligence Chief Outlines Successes Against Terrorism
Michael Hayden, the director of the Central Intelligence Agency, spoke recently of the international community's successes against terrorism in key regions of the world and diminished worldwide support for al-Qaida.
Hayden told the Washington-based Atlantic Council of the United States November 13 that the United States - in cooperation with partners such as Iraq, Saudi Arabia, Indonesia and the Philippines - has greatly diminished the reach of several terrorist groups.
Al-Qaida in Iraq, for example, "is on the verge of strategic defeat," with the flow of money, weapons and foreign fighters into Iraq now "greatly diminished," Hayden said.
And al-Qaida's operational arm in Saudi Arabia largely has been defeated, he said. Indonesia has made inroads in detecting and disrupting terrorist plots in the past three years as a result of what he called "aggressive action by one of our most effective counterterrorism partners." Filipino allies have kept the pressure on the Abu-Sayef group, Hayden said, limiting its effectiveness.
While the remote, tribal areas on the Afghanistan-Pakistan border remain problematic, progress has been made, according to the CIA director. He said the practice of terrorists taking refuge in Pakistan's Federally Administered Tribal Areas is lessening. Due to cooperation among the Pakistan government, its military and the U.S. intelligence community, terrorist networks have lost many "decision makers, commanders, experienced and committed fighters" who, Hayden said, planned attacks against Europe and the United States.
The Pakistani government and military "deserves great credit for its current campaign against extremists," he added. More al-Qaida leaders have been killed or captured "in partnership with our Pakistani allies than ... with any other partner around the world," Hayden said.
The CIA official cited another reason for optimism in the fight against terrorism: "Some hard-line religious leaders are speaking out against al-Qaida's tactics and its ideology." Hayden cited generic polling showing declining support for al-Qaida and Osama bin Laden in predominantly Muslim countries.
More and more Muslims "are pushing back against the senseless violence and flawed worldview of al-Qaida," he said. Credible, authentic, influential Islamic voices are speaking out and "refuting al-Qaida's twisted justification for murdering innocents" as well as its ideology seeking to erase the distinction between combatants and noncombatants.
Besides Pakistan and Indonesia, Hayden praised the counterterrorism efforts of other U.S. partners such as Saudi Arabia and Iraq. Military and law enforcement activities and even efforts addressing the conflict of ideas have resulted in improvements in the Middle East and Southeast Asia, he said. "I have always said that the civilized world will win this fight when we win the war of ideas," he added.
NEXT STEPS
Efforts to defeat al-Qaida in the near future will continue to center on Yemen, Somalia and the Afghan-Pakistan border, according to Hayden. Intelligence suggests that some veterans of terror operations in Iraq are now drifting to other regions, such as North Africa and the Arabian Peninsula, in search of new action.
Even though al-Qaida has suffered serious setbacks in Iraq, Afghanistan and Pakistan, the intelligence-agency director said, "it remains a determined, adaptive enemy." Al-Qaida is still "the most dangerous threat we face," he told the Atlantic Council's Global Intelligence Forum.
In Hayden's opinion, al-Qaida's base of operations on Pakistan's border with Afghanistan remains "the single most important factor today in the group's resilience and its ability to threaten the West." He contends that the remote, tribal areas along the Afghan-Pakistan border have supported terrorist financing, recruiting, training and plotting in the past.
While al-Qaida-related operations in the tribal regions do not rise to the level of activity that once existed in Afghanistan, Hayden said, its recent efforts to destabilize Pakistan are worrisome.
The Pakistani army has been fighting extremists "forcefully and with considerable success since early August," Hayden said. The Pakistanis have a multibrigade operation under way in the tribal area of Bajaur, and while they have sustained losses, "they are also imposing significant casualties on our common enemy."
But when al-Qaida is dealt a blow, Hayden said, its senor leadership recalibrates. "They constantly look for ways to make up for losses, extend their reach, take advantage of opportunities, and we're seeing that ... in some places like ... Somalia or Yemen."
Yemen has witnessed an unprecedented number of attacks in 2008, Hayden said, including two against the U.S. Embassy. The sophistication of attacks and the range of targets are broadening. Hayden said that, like what has happened elsewhere, terrorist cells in Yemen "are operating from remote, tribal areas where the government has traditionally had very little authority."
That al-Qaida tends to gain strength only in isolated, ungoverned territories "may be the most damning thing we can say about this organization," Hayden said. It can subsist only beyond the reach of civilization and the reach of the rule of law.
HANDLING THE TRANSITION
As head of the CIA, Hayden's service may continue into the Obama administration, although frequently a new president appoints his own director. Asked about his interest in continuing in his present position - which includes conducting daily presidential intelligence briefings at the White House - the director said he serves at the pleasure of the president, but would consider staying if asked.
As this is the first wartime presidential transition for the United States in 40 years, some thought is being given by transition officials to keeping some Bush appointees, at least temporarily, so the transfer of power from one administration to another is as seamless as possible.
Hayden said members of the Bush administration have been directed to "make this the smoothest transition in recorded history." With the United States on a wartime footing and al-Qaida already having made a critical remark about President-elect Barack Obama on the Internet, the director said, efforts are under way to get a new team ready for any contingency as swiftly as possible "so that there is no diminution in the ability of the Republic to defend itself."
Video of the forum ( http://www.acus.org/event_blog/cia-director-event ) is available on the Atlantic Council Web site. A transcript of Hayden's remarks ( https://www.cia.gov/news-information/speeches-testimony/directors-remarks-at-the-atlantic-council.html ) is available on the CIA Web site.
For more information about U.S. policy, see Confronting Terrorism ( http://fpolicy.america.gov/fpolicy/security/counterterrorism.html) on America.gov.
Source: NewsBlaze
Hayden told the Washington-based Atlantic Council of the United States November 13 that the United States - in cooperation with partners such as Iraq, Saudi Arabia, Indonesia and the Philippines - has greatly diminished the reach of several terrorist groups.
Al-Qaida in Iraq, for example, "is on the verge of strategic defeat," with the flow of money, weapons and foreign fighters into Iraq now "greatly diminished," Hayden said.
And al-Qaida's operational arm in Saudi Arabia largely has been defeated, he said. Indonesia has made inroads in detecting and disrupting terrorist plots in the past three years as a result of what he called "aggressive action by one of our most effective counterterrorism partners." Filipino allies have kept the pressure on the Abu-Sayef group, Hayden said, limiting its effectiveness.
While the remote, tribal areas on the Afghanistan-Pakistan border remain problematic, progress has been made, according to the CIA director. He said the practice of terrorists taking refuge in Pakistan's Federally Administered Tribal Areas is lessening. Due to cooperation among the Pakistan government, its military and the U.S. intelligence community, terrorist networks have lost many "decision makers, commanders, experienced and committed fighters" who, Hayden said, planned attacks against Europe and the United States.
The Pakistani government and military "deserves great credit for its current campaign against extremists," he added. More al-Qaida leaders have been killed or captured "in partnership with our Pakistani allies than ... with any other partner around the world," Hayden said.
The CIA official cited another reason for optimism in the fight against terrorism: "Some hard-line religious leaders are speaking out against al-Qaida's tactics and its ideology." Hayden cited generic polling showing declining support for al-Qaida and Osama bin Laden in predominantly Muslim countries.
More and more Muslims "are pushing back against the senseless violence and flawed worldview of al-Qaida," he said. Credible, authentic, influential Islamic voices are speaking out and "refuting al-Qaida's twisted justification for murdering innocents" as well as its ideology seeking to erase the distinction between combatants and noncombatants.
Besides Pakistan and Indonesia, Hayden praised the counterterrorism efforts of other U.S. partners such as Saudi Arabia and Iraq. Military and law enforcement activities and even efforts addressing the conflict of ideas have resulted in improvements in the Middle East and Southeast Asia, he said. "I have always said that the civilized world will win this fight when we win the war of ideas," he added.
NEXT STEPS
Efforts to defeat al-Qaida in the near future will continue to center on Yemen, Somalia and the Afghan-Pakistan border, according to Hayden. Intelligence suggests that some veterans of terror operations in Iraq are now drifting to other regions, such as North Africa and the Arabian Peninsula, in search of new action.
Even though al-Qaida has suffered serious setbacks in Iraq, Afghanistan and Pakistan, the intelligence-agency director said, "it remains a determined, adaptive enemy." Al-Qaida is still "the most dangerous threat we face," he told the Atlantic Council's Global Intelligence Forum.
In Hayden's opinion, al-Qaida's base of operations on Pakistan's border with Afghanistan remains "the single most important factor today in the group's resilience and its ability to threaten the West." He contends that the remote, tribal areas along the Afghan-Pakistan border have supported terrorist financing, recruiting, training and plotting in the past.
While al-Qaida-related operations in the tribal regions do not rise to the level of activity that once existed in Afghanistan, Hayden said, its recent efforts to destabilize Pakistan are worrisome.
The Pakistani army has been fighting extremists "forcefully and with considerable success since early August," Hayden said. The Pakistanis have a multibrigade operation under way in the tribal area of Bajaur, and while they have sustained losses, "they are also imposing significant casualties on our common enemy."
But when al-Qaida is dealt a blow, Hayden said, its senor leadership recalibrates. "They constantly look for ways to make up for losses, extend their reach, take advantage of opportunities, and we're seeing that ... in some places like ... Somalia or Yemen."
Yemen has witnessed an unprecedented number of attacks in 2008, Hayden said, including two against the U.S. Embassy. The sophistication of attacks and the range of targets are broadening. Hayden said that, like what has happened elsewhere, terrorist cells in Yemen "are operating from remote, tribal areas where the government has traditionally had very little authority."
That al-Qaida tends to gain strength only in isolated, ungoverned territories "may be the most damning thing we can say about this organization," Hayden said. It can subsist only beyond the reach of civilization and the reach of the rule of law.
HANDLING THE TRANSITION
As head of the CIA, Hayden's service may continue into the Obama administration, although frequently a new president appoints his own director. Asked about his interest in continuing in his present position - which includes conducting daily presidential intelligence briefings at the White House - the director said he serves at the pleasure of the president, but would consider staying if asked.
As this is the first wartime presidential transition for the United States in 40 years, some thought is being given by transition officials to keeping some Bush appointees, at least temporarily, so the transfer of power from one administration to another is as seamless as possible.
Hayden said members of the Bush administration have been directed to "make this the smoothest transition in recorded history." With the United States on a wartime footing and al-Qaida already having made a critical remark about President-elect Barack Obama on the Internet, the director said, efforts are under way to get a new team ready for any contingency as swiftly as possible "so that there is no diminution in the ability of the Republic to defend itself."
Video of the forum ( http://www.acus.org/event_blog/cia-director-event ) is available on the Atlantic Council Web site. A transcript of Hayden's remarks ( https://www.cia.gov/news-information/speeches-testimony/directors-remarks-at-the-atlantic-council.html ) is available on the CIA Web site.
For more information about U.S. policy, see Confronting Terrorism ( http://fpolicy.america.gov/fpolicy/security/counterterrorism.html) on America.gov.
Source: NewsBlaze
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