COMBATING COMBATING TERRORISM TERRORISM FINANCING - - FINANCING THE PHILIPPINE EXPERIENCE THE PHILIPPINE EXPERIENCE
Presented by Presented by Atty. Vicente S. Aquino Atty. Vicente S. Aquino Executive Director, Anti- - Money Laundering Council Secretariat Money Laundering Council Secretariat Executive Director, Anti and and Assistant Governor, Bangko Bangko Sentral Sentral ng ng Pilipinas Pilipinas Assistant Governor, for the for the Special Meeting of the UN Counter- - Terrorism Terrorism Special Meeting of the UN Counter Com m ittee w ith Mem ber States and relevant Com m ittee w ith Mem ber States and relevant I nternational and Regional Organizations I nternational and Regional Organizations 20 November 2012 20 November 2012 United Nations Headquarters, North Lawn Building, Conference Room 2 m 2 United Nations Headquarters, North Lawn Building, Conference Roo New York City, New York, U.S.A. New York City, New York, U.S.A.
KNOW ALL MEN (AND WOMEN) BY KNOW ALL MEN (AND WOMEN) BY THESE PRESENTS: THESE PRESENTS: WHAT THE PHILIPPINES HAS DONE. WHAT THE PHILIPPINES HAS DONE.
SOVEREI GN STATE Action a State Party to various international instrum ents against terrorism and its financing, including the 1 9 9 9 I nternational Convention for the Suppression of the Financing of Terrorism ( the TF Convention) . signed the TF Convention on 1 6 Novem ber 2 0 0 1 and ratified the sam e on 1 4 October 2 0 0 3 .
LEGI SLATI VE Action passed the Anti-Money Laundering Act of 2 0 0 1 ( the AMLA) , w hich cam e into force on 1 7 October 2 0 0 1 and w as am ended on 2 3 March 2 0 0 3 and further am ended on 6 July 2 0 1 2 . The AMLA’s salient features: • criminalizes money laundering and related offenses, i.e. failure to report suspicious transactions, breach of confidentiality, etc. • identifies the predicate crimes including acts of terrorism. • created the AMLC, the government’s financial intelligence unit and lead agency in implementing the AMLA. The AMLC is a member of the Egmont Group.
• empowers the AMLC to: i. inquire ex parte into bank deposits and investments, including related accounts, linked to money laundering or its predicate crimes, including terrorism and terrorism financing. No court order is required where the predicate crime involved is kidnapping for ransom, a narcotics offense, hijacking, destructive arson, murder, terrorism and conspiracy to commit terrorism. ii. initiate freeze ex parte of property or funds related to predicate crimes, including acts of terrorism. iii. initiate civil (non-criminal conviction-based) forfeiture of property or funds related to money laundering and its predicate crimes, including acts of terrorism.
iv. take action on requests of foreign States for assistance in tracking down, freezing, restraining and seizing assets alleged to be proceeds of a predicate crime, including acts of terrorism. iv.a. cooperate with the National Government and/ or take appropriate action in respect of conventions, resolutions and other directives of the UN, the UNSC and other international organizations, of which the Philippines is a member (Rule 13.9.2, AMLA-RIRRs). v. enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the Philippine government, including government-owned and -controlled corporations in the implementation of the AMLA, which may include the use of its personnel, facilities and resources.
passed the Hum an Security Act of 2 0 0 7 ( the HSA) , w hich cam e into force on 1 5 July 2 0 0 7 . The HSA’s salient features: • criminalizes terrorism and related offenses, i.e., conspiracy to commit terrorism, attempt to commit terrorism, etc. • created the Anti-Terrorism Council, the lead agency in implementing the HSA. • provides for proscription of terrorist organizations, associations or groups of persons. • provides for the seizure, sequestration and freeze of property or funds of (i) persons suspected of or charged in Court with terrorism or conspiracy to commit terrorism; (ii) proscribed organizations, associations or group of persons; and (iii) a member of such organization ,association or group of persons.
passed the Terrorism Financing Prevention and Suppression Act of 2 0 1 2 ( TF Suppression Act) , w hich cam e into force on 5 July 2 0 1 2 . The TF Suppression Act’s salient features: • adopts as a State policy to (i) make terrorism financing a crime against the Filipino people, humanity, and the law of nations; (ii) recognize and adhere to international commitments to combat terrorism financing, specifically the TF convention and terrorism-related UNSCRs; and (iii) reinforce the fight against terrorism by criminalizing its financing and related offenses and by preventing and suppressing said offenses thru freezing and forfeiture of properties or funds while respecting human rights.
• criminalizes and defines terrorism financing (TF), as a • criminalizes and defines terrorism financing (TF), as a stand- - alone offense* based on the TF Convention alone offense* based on the TF Convention’ ’s Article s Article stand 2, No. 1 (a) and (b) and UNSC Resolution No. 1373’ ’s No. 1 s No. 1 2, No. 1 (a) and (b) and UNSC Resolution No. 1373 (a) and b. (a) and b. * penalizes TF even if the property or funds intended * penalizes TF even if the property or funds intended to finance acts of terrorism are not actually used or to finance acts of terrorism are not actually used or no crime of terrorism is actually committed. no crime of terrorism is actually committed. • criminalizes related offenses, i.e., conspiracy to commit TF; dealing with property or funds related to TF or acts of terrorism or belonging to designated terrorist individuals, organizations, associations or groups of persons; failure to comply with AMLC’s freeze order. • penalizes a juridical person/ corporate body (including its responsible officers) or alien.
• defines “property or funds” in the same manner as “funds” is defined under the TF Convention. • defines designated persons as: i. any person or entity designated and/ or identified as a terrorist, one who finances terrorism, or a terrorist organization or group under the applicable UNSC Resolution, or by another jurisdiction or supra-national jurisdiction; ii. any organization, association, or group of persons proscribed pursuant to Sec. 17 of the HSA; or iii. any person, organization, association, or group of persons whose funds or property are subject to seizure and sequestration under Sec. 39 of the HSA. • makes TF and related offenses predicate crime to money laundering.
• empowers the AMLC to: i. investigate TF and related offenses; ii. inquire ex parte into deposits and investments with any bank or non-bank financial institution and their subsidiaries and affiliates without a court order; and iii. freeze ex parte without delay and without a court order property or funds: that are in any way related to TF or acts of terrorism; of any person, terrorist organization, association or group who is committing, attempting, or conspiring to commit, or participating in or facilitating TF or acts of terrorism;
of a designated person, organization, association or group of persons based on binding terrorism- related UNSCRs, including UNSCR 1373. iv. initiate civil forfeiture (non-criminal conviction-based) of property or funds found to be in any way related to TF and related offenses. • This shall be made in accordance with the AMLA, its RIRRs and the Rules of Procedure promulgated by the Supreme Court. v. enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government, including government-owned and -controlled corporations, in undertaking CFT measures, which may include the use of its personnel, facilities and resources.
• institutionalizes the “ aut dedere aut judicare ” (Extradite or Prosecute) principle. • allows the Philippines, at its option and subject to reciprocity, to consider the TF Convention as a legal basis for requesting or granting extradition. • has extraterritorial application.
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