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Republic Act No. 10168

Republic Act No. 10168. “ The Terrorism Financing Prevention and Suppression Act of 2012”. R.A. 10168 (TF Suppression Act). Signed by the President on 18 June 2012. Took effect on 05 July 2012. Implementing Rules took effect on 26 August 2012 . Why was R.A. 10168 enacted?.

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Republic Act No. 10168

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  1. Republic Act No. 10168 “The Terrorism Financing Prevention and Suppression Act of 2012”

  2. R.A. 10168(TF Suppression Act) • Signed by the President on 18 June 2012. • Took effect on 05 July 2012. • Implementing Rules took effect on 26 August 2012.

  3. Why was R.A. 10168 enacted? • To comply with our obligations under the (1999) International Convention for the Suppression of the Financing of Terrorism (TF Convention). • To comply with the Financial Action task Force’s Nine(9) Special Recommendations to fight terrorism-financing.

  4. Salient Features • Criminalized the Financing of Terrorism. • Allows the executive freezing of property or funds related to the financing of terrorism. • Allows the forfeiture of property of funds related to the financing of terrorism.

  5. Salient Features • Makes Terrorist Financing (TF) a predicate offense to Money-Laundering.

  6. What is Financing of Terrorism? Sec. 4. Financing of Terrorism-x x x • Willfully possesses, provides, collects or uses property or funds to be used: • To carry out/facilitate the commission of a terrorist act; • By a terrorist organization, association or group; • By an individual terrorist.

  7. What is Financing of Terrorism? - Willfully makes available property/funds, financial and other related services: • To carry out/facilitate the commission of terrorist act; • To a terrorist organization, association or group; • To an individual terrorist.

  8. What is Financing of Terrorism? • The perpetrator must have KNOWLEDGE that the property or funds will be used: • To carry out/facilitate the commission of terrorist acts; • By a terrorist organization, association or group; • By an individual terrorist.

  9. What are terrorist acts? (Sec. 3[j]) 1) Acts punished under Sections 3 and 4 of the Human Security Act of 2007 (HSA). 2) Acts intended to cause death or serious bodily injury to a civilian during an armed conflict, with the purpose of: - intimidating a population, or - coercing a government or an international organization.

  10. What are terrorist acts? (Sec. 3[j]) 3) Any act which constitutes an offense under the TF Suppression Act, that is within the scope of any of the treaties of which the Philippines is a signatory. Ex: Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970

  11. Sec. 8. Prohibition against Dealing with Property or Funds of Designated Persons. What is DEALING with funds/property? (Sec. 3 [d[) - receiving, acquiring, transacting, representing, concealing, disposing, converting, transferring, moving - Using as security - Providing financial services

  12. The person dealing with property/funds must have KNOWLEDGE that such property/funds is OWNED or CONTROLLED by a DESIGNATED person, organization, association or group.

  13. For purposes of Dealing, who are Designated Persons/Groups? (Sec. 3 [e], TF Suppression Act) 1) Those in the list of the UN Security Council, another jurisdiction, or supra-national jurisdiction; 2) Those proscribed under Section 17 of the HSA; 3) Those whose properties are subject to seizure and sequestration under Section 39 of the HSA.

  14. Designations by U.N.(Designation by Adoption) United Nations Security Council List Philippine Mission to the U.N. AMLC (amlc.gov.ph)

  15. Designation by Other Countries or Supra-national Jurisdictions Foreign/Supra-National Jurisdiction Department of Foreign Affairs Anti-Terrorism Council (Initiate Proscription, if warranted)

  16. Dealing/Designated Persons or Groups • What is proscription under the HSA? - It is simply a judicial declaration that an organization, association or group of persons is a terrorist and outlawed organization or group. - Filed by the Department of Justice. - Filed before a Regional Trial Court.

  17. Designated Persons/Groups Effects of Proscription 1) The property or funds of the organization could be frozen by the AMLC; 2) Any person conducting business with, or managing the properties of said organization could be held liable for Dealing (Sec. 8, TF Suppression Act)

  18. Proscription Order of Proscription ATCAMLC (For Publication) (For Dissemination to Covered Institutions and Relevant Government Agencies)

  19. Dealing/ Designated Persons/Groups (Sec. 39, HSA) Who are deemed designated in relation to Sec. 39 of the HSA? • Those suspected of, or charged with, terrorism or conspiracy to commit terrorism; • Proscribed organizations, associations or groups of persons; • A member of proscribed organization, association or group of persons.

  20. Sec. 15. Publication of Designation/Proscription Which agency will publish designations? * UN designations shall be published by the Department of Foreign Affairs (DFA). * Local designations (proscription) shall be published by the Anti-Terrorism Council (ATC). * Electronic version of the lists shall also be posted in their respective websites.

  21. Authorized Dealings (Exceptions to Sec. 8) • Humanitarian Exemptions under Sec. 13. • Payments to satisfy a judgment or lien encumbered prior to designation • Interest payments on frozen funds, or payments of obligations contracted before funds are frozen.

  22. Remedy of De-Listing If listed on the Al Qaeda Sanctions List Office of the Ombudsperson Room TB-08041D United Nations New York, NY 10017 United States of America Tel: +1 212 9632671 Fax: +1 2129631300/3778 Email: ombudsperson@un.org

  23. Remedy of De-Listing If Listed on the Taliban Sanctions List Focal Point for De-Listing Security Council Subsidiary Organs Branch Room TB-08041B United Nations New York, NY 10017 United States of America Tel: +1 9173679448 Frax: +1 2129631300/3778 Email: Delisting@un.org

  24. What are the powers of the AMLC under the TF Suppression Act? 1) Investigate financing of terrorism; 2) Enlist the assistance of other agencies in the fight against terrorist financing. 3) Inquire into, or examine, deposits and investments without court order. (Only AMLC Resolution is necessary)

  25. Powers of the AMLC under the TF Suppression Act 4) To ex-parte freeze property or funds related to terrorist financing or terrorism, or belonging to, or controlled by terrorist individuals, organizations or groups, whether designated or not. (Sec. 11, TF Suppression Act)

  26. Powers of the AMLC under the TF Suppression Act 5) To forfeit property or funds found to be in anyway related to financing of terrorism and other offenses punishable under Sections 5, 6, and 7 of the TF Law. (Sec. 18, TF Suppression Act)

  27. Freezing Power of the AMLC(Sec. 11, TF Suppression Act) • The TF Suppression Act is the only law which gives the AMLC the power to initially freeze.

  28. WHAT MAY BE FROZEN BY THE AMLC?(Sec. 11, 1st paragraph, TF Suppression Act) * Property or funds related to financing of terrorism or acts of terrorism; * Property or funds of any person, group of persons, terrorist organization, or association, who are committing or attempting or conspiring to commit, or participating in or facilitating the commission of financing of terrorism or acts of terrorism.

  29. DURATION OF THE FREEZE ORDER • If the frozen property/funds belongs to a non-UN designated organization, association or group: * The initial freeze order is good for twenty (20) days. * To extend the freeze, the AMLC needs to file a motion for extension before the Court of Appeals. * If the CA grants the motion for extension, the freeze order shall have a maximum duration six (6) months.

  30. DURATION OF THE FREEZE ORDER • If the frozen property/funds belongs to a UN-designated organization, association /group or individual: *Indefinite duration, if not lifted by the CA on account on delisting from the UN List. * The freeze order can only be challenged in the Court of Appeals. * The only possible ground for the lifting of the freeze order is mistaken identity.

  31. Duties of Covered Institutions and Relevant GovernmentAgencies Upon Receipt of Notice of Freeze Order • Preserve all accounts, property or funds belonging to those in the list, including their related accounts; - Failure to do so is a criminal offense. • Serve a copy of the notice of freeze to the owner/holder of property/funds preserved;

  32. Duties of Covered Institutions and RelevantGovernment Agencies • Submit to the AMLC a detailed written Return within 24 hours from notice of freeze. - Report all Attempted Dealings with regard to frozen/preserved property or funds.

  33. Humanitarian Exemptions(Sec. 13 of TF Suppression Act) • Persons whose funds/property have been frozen may be allowed to withdraw sums for “basic and necessary expenses.” • Sums sought to be withdrawn must be “reasonably needed.”

  34. Who will determine the reasonableness ofthe sums sought to be withdrawn? • The Court of Appeals, in cases where the funds/property belongs to a non-UN designated organization. • The AMLC, in cases where the funds/property frozen belongs to a UN-designated organization.

  35. Basic and Necessary Expenses • Food • Rent or mortgage • Medicines and medical treatment • Taxes • Insurance Premiums • Public Utility Charges • Payment for Legal Services • Service charges for Maintenance of frozen Funds

  36. How to File Claim for Humanitarian Exemptionsthrough the AMLC File verified Petition to the AMLC If found meritorious, the AMLC shall notify UN Sanctions Committee of its intention to allow withdrawal If no negative recommendation within 3 days from the UN, AMLC shall allow the withdrawal

  37. EXTRA-TERRITORIAL APPLICATION OF THE TF SUPPRESSION ACT(Sec. 19, TF Suppression Act) The TF Suppression Act shall apply to individual persons who, although outside the territorial limits of PH: • Commit, conspire or plot to commit TF violations inside PH territorial limits; • Commit TF violations on board a PH ship or airship;

  38. Extra-Territorial Application • Commit TF violations inside PH Embassy, Consulate or diplomatic premises officially occupied by the PH; • Commit TF violations against PH citizens or persons of PH descent when such citizenship is a factor in committing the violation; • Commit TF violations directly against the PH government.

  39. EXTRADITION(3rd par., Sec. 19 and Sec. 20, TF Suppression Act) “Extradite or Prosecute” Principle And Principle of Reciprocity

  40. That’s all folks!! QUESTIONS?

  41. Thank you! JOEL S. JIMENEZ Legal Officer, AMLC Secretariat JimenezJS@bsp.gov.ph Tel. No. (02) 708-70-69

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