republic act no. 10168 “the terrorism financing prevention and suppression act of 2012”
TRANSCRIPT
Republic Act No. 10168
“The Terrorism Financing Prevention and Suppression
Act of 2012”
Signed by the President on 18 June 2012.
Took effect on 05 July 2012.
Implementing Rules took effect on 26 August 2012.
R.A. 10168(TF Suppression Act)
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.
Why was R.A. 10168 enacted?
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.
Salient Features
Makes Terrorist Financing (TF) a predicate offense to Money-Laundering.
Salient Features
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.
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.
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.
What is Financing of Terrorism?
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.
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
What are terrorist acts? (Sec. 3[j])
What is DEALING with funds/property? (Sec. 3 [d[)
- receiving, acquiring, transacting, representing, concealing, disposing, converting, transferring, moving
- Using as security
- Providing financial services
Sec. 8. Prohibition against Dealing with
Property or Funds of Designated Persons.
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.
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.
For purposes of Dealing, who are Designated Persons/Groups? (Sec. 3 [e], TF Suppression Act)
United Nations Security Council List
Philippine Mission to the U.N.
AMLC(amlc.gov.ph)
Designations by U.N.(Designation by Adoption)
Foreign/Supra-National Jurisdiction
Department of Foreign Affairs
Anti-Terrorism Council(Initiate Proscription, if warranted)
Designation by Other Countries or Supra-national Jurisdictions
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.
Dealing/Designated Persons or 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)
Designated Persons/Groups
Order of Proscription
ATC AMLC (For Publication) (For Dissemination to
Covered Institutions and Relevant Government Agencies)
Proscription
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.
Dealing/ Designated Persons/Groups (Sec. 39, HSA)
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.
Sec. 15. Publication of Designation/Proscription
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.
Authorized Dealings (Exceptions to Sec. 8)
If listed on the Al Qaeda Sanctions List
Office of the OmbudspersonRoom TB-08041DUnited Nations
New York, NY 10017United States of America
Tel: +1 212 9632671Fax: +1 2129631300/3778
Email: [email protected]
Remedy of De-Listing
If Listed on the Taliban Sanctions List
Focal Point for De-ListingSecurity Council Subsidiary Organs Branch
Room TB-08041BUnited Nations
New York, NY 10017United States of America
Tel: +1 9173679448Frax: +1 2129631300/3778
Email: [email protected]
Remedy of De-Listing
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)
What are the 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)
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)
Powers of the AMLC under the TF Suppression Act
The TF Suppression Act is the only law which gives the AMLC the power to initially freeze.
Freezing Power of the AMLC(Sec. 11, 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.
WHAT MAY BE FROZEN BY THE AMLC?(Sec. 11, 1st paragraph, TF Suppression Act)
o 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.
DURATION OF THE FREEZE ORDER
o 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.
DURATION OF THE 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;
Duties of Covered Institutions and Relevant GovernmentAgencies Upon Receipt of Notice of Freeze Order
- 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.
Duties of Covered Institutions and RelevantGovernment Agencies
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.”
Humanitarian Exemptions(Sec. 13 of TF Suppression Act)
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.
Who will determine the reasonableness ofthe sums sought to be withdrawn?
FoodRent or mortgageMedicines and medical treatmentTaxes Insurance PremiumsPublic Utility ChargesPayment for Legal ServicesService charges for Maintenance of frozen Funds
Basic and Necessary Expenses
File verified Petition to the AMLC
If found meritorious, the AMLC shall notify UNSanctions Committee of its intention to allow
withdrawal
If no negative recommendation within 3 daysfrom the UN, AMLC shall allow the withdrawal
How to File Claim for Humanitarian Exemptionsthrough the AMLC
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;
EXTRA-TERRITORIAL APPLICATION OF THE TF SUPPRESSION ACT(Sec. 19, TF Suppression Act)
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.
Extra-Territorial Application
“Extradite or Prosecute” PrincipleAnd
Principle of Reciprocity
EXTRADITION(3rd par., Sec. 19 and Sec. 20, TF Suppression Act)
That’s all folks!!
QUESTIONS?
