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To promote financial transparency, the Anti-Money Laundering Council (AMLC) has issued for the first time guidelines on beneficial ownership for all banks, insurance companies, and other covered persons. Covered persons include entities, businesses, casinos and professions subject to the authority and jurisdiction of the AMLC on anti-money laundering and counter-terrorism financing (AML/CFT) matters.

“Beneficial owners” refers to those individuals or natural persons who ultimately own or control the customer, or those for whom another person conducts a transaction. Money launderers and terrorists routinely use the cloak of anonymity to prevent the AMLC and law enforcement agencies (LEAs) to track them down. In the case of the AMLC, they also seek to avoid freezing and forfeiture of their assets obtained through criminal activities.

In many well-publicized cases, criminal elements and a number of high-ranking public figures have used dummies, including non-governmental organizations (NGOs), and individuals, to hide their identities. These criminals then use these dummies to conduct multiple financial transactions involving multiple accounts in the millions of pesos, thereby blurring the illegal source of the funds.

                

 

 In a nod to the Anti-Money Laundering Council’s (AMLC’s) calculated plan to contain money laundering and terrorism financing, President Rodrigo R. Duterte issued Executive Order (EO) No. 68 on 12 November 2018, approving the National Anti-Money Laundering and Counter-Financing of Terrorism Strategy (NACS). The United Nations Office on Drugs and Crime (UNODC) had provided valuable insights to the AMLC in crafting the NACS as part of its technical assistance program.*

 Taking the cue from the UNDOC’s technical experts Tom Hansen and Hernan Longos, both based in the UNODC Regional Offices in Bangkok, Thailand, the AMLC crafted the NACS guided by the Second National Risk Assessment (NRA) Report, along with the functions and priorities of relevant agencies as well as current trends. The NRA was spearheaded by the AMLC, pursuant to Memorandum Circular No. 64, issued by the Executive Secretary, Office of the President of the Philippines.

 With inputs and support from the National Government and law enforcement agencies, and private and non-profit sector institutions, the Second NRA, which covers the years 2015 and 2016, gauged the threats stemming from proceeds-generating predicate offenses and the vulnerabilities in the country’s anti-money laundering/countering the financing of terrorism (AML/CFT) systems. The NRA involved the different financial sectors and other designated non-financial businesses and professions, and identified risks to the country’s AML/CFT regime.

 

A copy of the "2018 Implementing Rules and Regulations of Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as Amended" may be viewed and downloaded.

Click Here to Download.

5 November 2018

Covered persons (excluding institutions supervised and regulated by the Insurance Commission and casinos) are advised that 6 November 2018 is the first day of implementation of Section 4 of AMLC Regulatory Issuance (ARI) A No. 1, Series of 2018, requiring the inclusion of the time stamp in the transaction date field for CASA, time deposit, foreign exchange and remittance transactions. All covered and suspicious transaction reports without the time stamp shall be rejected by the AMLC’s data collection system, and considered non-submission thereof.



 

 

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