The Anti-Money Laundering Council (AMLC) Philippines government agency tasked to implement the provisions of Republic Act No. 9160, also known as the "Anti-Money Laundering Act of 2001" (AMLA), as amended, and Republic Act No. 10168, also known as the "Terrorism Financing Prevention and Suppression Act of 2012" (TFPSA). It also acts as the Philippines' financial intelligence unit (FIU) and anti-money laundering/counter-terrorism financing (AML/CTF) regulator.
The AMLC may refer to (1) the government agency or (2) the Council, which heads the said government agency.
Video Anti-Money Laundering Council (Philippines)
Mandate
The AMLC is mandated to protect and preserve the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as a money laundering site for the proceeds of any unlawful activity. It also extends cooperation in transnational investigations and prosecutions of persons involved in money laundering activities wherever committed.
Maps Anti-Money Laundering Council (Philippines)
The Council
The AMLC is composed of the Governor of the Bangko Sentral ng Pilipinas (BSP) as Chairman, and the Commissioner of the Insurance Commission (IC) and the Chairperson of the Securities and Exchange Commission (SEC) as members. It acts unanimously in the discharge of its functions.
Historical Composition of the AMLC
2001-2004:
- Rafael Carlos B. Buenaventura (BSP, July 1999- )
- Lilia R. Bautista (SEC, 2000 - August 2004)
- Eduardo T. Malinis (IC, April 1962 - )
2004:
- Rafael Carlos B. Buenaventura (BSP, July 1999 - July 2005)
- Fe B. Barin (SEC, Sep. 2004 - )
- Eduardo T. Malinis (IC, April 1962 - July 2004)
2004-2005:
- Amando M. Tetangco, Jr. (BSP, July 2005 - )
- Fe B. Barin (SEC, Sep. 2004 - )
- Benjamin S. Santos (IC, August 2004 - October 2005)
2005-2007:
- Amando M. Tetangco, Jr. (BSP, July 2005 - )
- Fe B. Barin (SEC, Sep. 2004 - )
- Evangeline C. Escobillo (IC, October 2005 - August 2007)
2007-2010:
- Amando M. Tetangco, Jr. (BSP, July 2005 - )
- Fe B. Barin (SEC, Sep. 2004 -)
- Eduardo T. Malinis (IC, August 2007 - February 2010)
2010:
- Amando M. Tetangco, Jr. (BSP, July 2005 - )
- Fe B. Barin (SEC, Sep. 2004 -)
- Santiago J. Ranada (IC, February 2010 - July 2010)
2011:
- Amando M. Tetangco, Jr. (BSP, July 2005 - )
- Fe B. Barin (SEC, September 2004 - May 2011)
- Emmanuel F. Dooc (IC, January 2011 - )
2011-2016:
- Amando M. Tetangco, Jr. (BSP, July 2005 - )
- Teresita J. Herbosa (SEC, May 2011 - )
- Emmanuel F. Dooc (IC, January 2011 - 16 November 2017)
2016-2017:
- Amando M. Tetangco, Jr. (BSP, July 2005 - 2 July 2017)
- Teresita J. Herbosa (SEC, May 2011 - )
- Dennis B. Funa (IC, 16 November 2016 - )
Present:
- Nestor A. Espenilla, Jr. (BSP, 2 July 2017 - present)
- Teresita J. Herbosa (SEC, May 2011 - present)
- Dennis B. Funa (IC, 16 November 2016 - present)
The AMLC Secretariat
The AMLC is assisted by a Secretariat headed by an Executive Director and consists of four (4) units:
- Office of the Executive Director (OED)
- Compliance and Investigation Group (CIG)
- Legal Services Group (LSG)
- Information Management and Analysis Group (IMAG)
Under the OED are the Technical Services Staff (TSS) and the Administrative and Financial Services Division (AFSD).
Under the IMAG are the Financial Intelligence Analysis Staff (FIAS), Data Collection and Management Staff (DCMS), Application Development Staff (ADS), and the IT Support Staff (ITSS).
Executive Directors of the AMLC Secretariat
November 2001 - May 2002:
- (Ret.) Judge Pio C. Guerrero
Former Municipal Circuit Trial Court Judge of Virac, Catanduanes, Philippines; and Assistant Solicitor General at the Office of the Solicitor General (OSG).
May 2002 - March 2013:
- Atty. Vicente S. Aquino
Former Prosecutor in the City of Manila, Philippines; and Director of the Office of the Special Investigation (OSI) of the BSP. He became the Deputy Governor for Resource Management Sector (RMS) of the BSP after his two terms as Executive Director of the AMLC Secretariat.
March 2013 - 31 January 2017:
- Atty. Julia C. Bacay-Abad
Former Solicitor III (now, Senior State Solicitor) at the OSG; and head of the Legal Services Group of the AMLC Secretariat.
01 February 2017 - 10 August 2017 (as Officer-in-Charge); 11 August 2017 - 11 August 2022:
- Atty. Mel Georgie B. Racela
Former financial investigator at the AMLC Secretariat; and head of the Anti-Money Laundering Specialist Group (AMLSG) and Deputy Director for Special Projects and Reports of the Office of Supervisory Policy Development (OSPD), both under the Supervision and Examination Sector (SES) of the BSP.
Powers of AMLC
(1) to require and receive covered or suspicious transaction reports from covered institutions;
(2) to issue orders addressed to the appropriate Supervising Authority or the covered institution to determine the true identity of the owner of any monetary instrument or property subject of a covered transaction or suspicious transaction report or request for assistance from a foreign State, or believed by the Council, on the basis of substantial evidence, to be, in whole or in part, wherever located, representing, involving, or related to, directly or indirectly, in any manner or by any means, the proceeds of an unlawful activity.
(3) to institute civil forfeiture proceedings and all other remedial proceedings through the Office of the Solicitor General;
(4) to cause the filing of complaints with the Department of Justice or the Ombudsman for the prosecution of money laundering offenses;
(5) to investigate suspicious transactions and covered transactions deemed suspicious after an investigation by AMLC, money laundering activities, and other violations of the Act;
(6) to apply before the Court of Appeals, ex parte, for the freezing of any monetary instrument or property alleged to be laundered, proceeds from, or instrumentalities used in or intended for use in any unlawful activity as defined in Section 3(i) hereof;
(7) to implement such measures as may be necessary and justified under the Act to counteract money laundering;
(8) to receive and take action in respect of, any request from foreign states for assistance in their own anti-money laundering operations provided in the Act;
(9) to develop educational programs on the pernicious effects of money laundering, the methods and techniques used in money laundering, the viable means of preventing money laundering and the effective ways of prosecuting and punishing offenders;
(10) to enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government, including government-owned and -controlled corporations, in undertaking any and all anti-money laundering operations, which may include the use of its personnel, facilities and resources for the more resolute prevention, detection and investigation of money laundering offenses and prosecution of offenders;
(11) to impose administrative sanctions for the violation of laws, rules, regulations and orders and resolutions issued pursuant thereto; and
(12) to require the Land Registration Authority and all its Registry of Deeds to submit to the AMLC, reports on all real estate transactions involving an amount in excess of Five hundred thousand pesos (P500,000.00) within fifteen (15) days from the date of registration of the transaction, in a form to be prescribed by the AMLC. The AMLC may also require the Land Registration Authority and all its Registry of Deeds to submit copies of relevant documents of all real estate transactions."
Predicate Offenses/Unlawful Activities
1. "Kidnapping for Ransom" under Article 267 of Act No. 3815, otherwise known as the Revised Penal Code, as amended;
2. Sections 4, 5, 6, 8, 9, 10, 11, 12,13, 14, 15 and 16 of Republic Act No. 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002";
3. Section 3 paragraphs b, c, e, g, h and i of Republic Act No. 3019, as amended, otherwise known as the "Anti-Graft and Corrupt Practices Act";
4. "Plunder" under Republic Act No. 7080, as amended;
5. "Robbery" and "Extortion" under Articles 294, 295, 296, 299, 300, 301 and 302 of the Revised Penal Code, as amended;
6. "Jueteng" and "Masiao" punished as illegal gambling under Presidential Decree No. 1602;
7. "Piracy on the High Seas" under the Revised Penal Code, as amended, and Presidential Decree No. 532:
8. "Qualified Theft" under Article 310 of the Revised Penal Code, as amended;
9. "Swindling" under Article 315 and "Other Forms of Swindling" under Article 316 of the Revised Penal Code, as amended:
10. "Smuggling" under Republic Act No. 455 and under Republic Act No. 1937, as amended, otherwise known as the "Tariff and Customs Code of the Philippines";
11. Violations under Republic Act No. 8792, otherwise known as the "Electronic Commerce Act of 2000";
12. "Hijacking" and other violations under Republic Act No. 6235, otherwise known as the "Anti-Hijacking Law"; "Destructive Arson"; and "Murder", as defined under the Revised Penal Code, as amended;
13. "Terrorism" and "Conspiracy to Commit Terrorism" as defined and penalized under Sections 3 and 4 of Republic Act No. 9372;
14. "Financing of Terrorism" under Section 4 and offenses punishable under Sections 5, 6, 7 and 8 of Republic Act No. 10168, otherwise known as the "Terrorism Financing Prevention and Suppression Act of 2012";
15. "Bribery" under Articles 210, 211 and 211-A of the Revised Penal Code, as amended, and "Corruption of Public Officers" under Article 212 of the Revised Penal Code, as amended;
16. "Frauds and Illegal Exactions" and Transactions under Articles 213, 214, 215 and 216 of the Revised Penal Code, as amended;
17. "Malversation of Public Funds" and Property under Articles 217 and 222 of the Revised Penal Code, as amended;
18. "Forgeries" and "Counterfeiting" under Articles 163, 166, 167, 168, 169 and 176 of the Revised Penal Code, as amended;
19. Violations of Sections 4 to 6 of Republic Act No. 9208, otherwise known as the "Anti-Trafficking in Persons Act of 2003", as amended by Republic Act No. 10364;
20. Violations of Sections 78 to 79 of Chapter IV of Presidential Decree No. 705, otherwise known as the "Revised Forestry Code of the Philippines, as amended";
21. Violations of Sections 86 to 106 of Chapter IV of Republic Act No. 8550, otherwise known as the "Philippine Fisheries Code of 1998";
22. Violations of Sections 101 to 107, and 110 of Republic Act No. 7942, otherwise known as the "Philippine Mining Act of 1995";
23. Violations of Section 27(c), (e), (f), (g) and (i) of Republic Act No. 9147, otherwise known as the "Wildlife Resources Conservation and Protection Act";
24. Violations of Section 7(b) of Republic Act No. 9072, otherwise known as the "National Caves and Cave Resources Management Protection Act";
25. Violation of Republic Act No. 6539, otherwise known as the "Anti-Carnapping Act of 2002, as amended";
26. Violation of Sections 1, 3, and 5 of Presidential Decree No. 1866, as amended, otherwise known as the decree "Codifying the Laws on Illegal/Unlawful Possession, Manufacture, Dealing In, Acquisition or Disposition of Firearms, Ammunition or Explosives";
27. Violation of Presidential Decree No. 1612, otherwise known as the "Anti-Fencing Law";
28. Violation of Section 6 of Republic Act No. 8042, otherwise known as the "Migrant Workers and Overseas Filipinos Act of 1995", as amended by Republic Act No. 10022;
29. Violation of Republic Act No. 8293, otherwise known as the "Intellectual Property Code of the Philippines, as amended";
30. Violation of Section 4 of Republic Act No. 9995, otherwise known as the "Anti-Photo and Video Voyeurism Act of 2009";
31. Violation of Section 4 of Republic Act No. 9775, otherwise known as the "Anti-Child Pornography Act of 2009";
32. Violations of Sections 5, 7, 8, 9, 10 (c), (d) and (e), 11, 12 and 14 of Republic Act No. 7610, otherwise known as the "Special Protection of Children Against Abuse, Exploitation and Discrimination";
33. Fraudulent practices and other violations under Republic Act No. 8799, otherwise known as the "Securities Regulation Code of 2000";
34. Felonies or offenses of a nature similar to the aforementioned unlawful activities that are punishable under the penal laws of other countries.
Covered Persons
- Banks and all other entities, including their subsidiaries and affiliates, supervised and regulated by the Bangko Sentral ng Pilipinas
- Insurance companies, pre-need companies and all other institutions supervised or regulated by the Insurance Commission
- Securities dealers and other entities supervised or regulated by the Securities and Exchange Commission
- Jewelry dealers, dealers in precious metals and dealers in precious stones
- Company Service Providers (CSP) which, as a business, provide any of the following services to third parties: (i) acting as a formation agent of juridical persons; (ii) acting as (or arranging for another person to act as) a director or corporate secretary of a company, a partner of a partnership, or a similar position in relation to other juridical persons; (iii) providing a registered office, business address or accommodation, correspondence or administrative address for a company, a partnership or any other legal persons or arrangement; and (iv) acting as (or arranging for another person to act as) a nominee shareholder for another person
- Persons (including lawyers and accountants) who provide any of the following services: (i) managing of client money, securities or other assets; (ii) management of bank, savings or securities accounts; (iii) organization of contributions for the creation, operation or management of companies; and (iv) creation, operation or management of juridical persons or arrangements, and buying and selling business entities.
- Casinos, including internet-based casinos and ship-based casinos
Covered & Suspicious Transactions
- "Covered Transaction" refers to:
1. A transaction in cash or other equivalent monetary instrument exceeding Five Hundred Thousand pesos (Php500,000.00)
2. A transaction exceeding One Million pesos (Php1,000,000.00) in cases of jewelry dealers, dealers in precious metals and dealers in precious stones.
3. A single casino cash transaction involving an amount in excess of Five Million Pesos (P5,000,000.00) or its equivalent in any other currency.
- "Suspicious Transaction" refers to a transaction, regardless of amount, where any of the following circumstances exists:
1. there is no underlying legal or trade obligation, purpose or economic justification;
2. the client is not properly identified;
3. the amount involved is not commensurate with the business or financial capacity of the client;
4. taking into account all known circumstances, it may be perceived that the client's transaction is structured in order to avoid being the subject of reporting requirements under the AMLA;
5. any circumstance relating to the transaction which is observed to deviate from the profile of the client and/or the client's past transactions with the covered person;
6. the transaction is in any way related to an unlawful activity or any money laundering activity or offense that is about to be committed, is being or has been committed; or
7. any transaction that is similar, analogous or identical to any of the foregoing.
Laws and Rules Covering the AMLC
- Republic Act No. 9160 - Anti-Money Laundering Act (AMLA) of 2001
- Republic Act No. 9194 - Amending the AMLA
- Republic Act No. 10167 - Strengthening the AMLA
- Republic Act No. 10365 - Further Strengthening the AMLA
- Republic Act No. 10927 - Designating Casinos as Covered Persons under the AMLA
- 2016 Revised Implementing Rules and Regulations of Republic Act No. 9160, As Amended (2016 RIRR)
- Casino Implementing Rules and Regulations of Republic Act No. 10927 (CIRR)
- Rules on the Imposition of Administrative Sanction under Republic Act No. 9160, as Amended
- A.M. No. 05-11-04-SC - Rule of Procedure in Cases of Civil Forfeiture, Asset Preservation, and Freezing of Monetary Instrument, Property, or Proceeds Representing, Involving, or Relating to an Unlawful Activity or Money Laundering Offense under Republic Act No. 9160, as Amended.
- Republic Act No. 10168 - Terrorism Financing Prevention and Suppression Act of 2012
- Implementing Rules and Regulations of Republic Act No. 10168
External links
- Official web site
- Anti-Money Laundering Act of 2001
Source of the article : Wikipedia
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