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The Anti-Money Laundering Council (AMLC) Secretariat has noted the inquiries it has received, both from the Philippines and abroad, on the authenticity of certain emails and letters, in which scammers pose as Members of the AMLC, or officers and personnel of the AMLC Secretariat. 

Typically, these scammers send emails or letters informing the potential victim to pay a certain amount of money (which they call “tax clearance”, “facilitation fee” or other similar terms) for him to receive an amount many times larger than this payment, supposedly “to release the hold on the funds” or “to guarantee safe and secure transfer of funds” to the victim’s account.  The scammers require the potential victim to deposit the “payment” to the scammers’ bank account, and disclose his bank account. Once the victim remits the “payment” to the scammers, the scammers cut off any communications with him, and the promised release of funds never materialize.

 The public is hereby informed that Republic Act No. 9160 or the Anti-Money Laundering Act of 2001, the law that created the AMLC, does not grant the AMLC any function or authority to hold an account for tax purposes, guarantee safe and secure transfer of funds or oversee economic transactions, or to engage in commercial transactions.

 Thus, the AMLC and its Members, as well as the AMLC Secretariat or any of its personnel, do not, and will never, contact the public for payment of any sum of money or disclose details of bank accounts. Any email or letter purportedly sent by the AMLC or any of its Members, and its Secretariat, or any officer or employee thereof cannot be genuine or authorized by the AMLC.

 The public is therefore warned to ignore emails, letters, and other documents of this tenor, as these are fraudulent.

 The AMLC further advises the public to report these fraudulent activities to the appropriate law enforcement agencies.

 If you have been victimized by scammers or have encountered or received fraudulent emails or letters, or information on scams of the above tenor or similar deceptive schemes devised by persons identifying themselves with the AMLC or its Secretariat, please e-mail the AMLC Secretariat at This email address is being protected from spambots. You need JavaScript enabled to view it..

 

 

 

In an effort to enhance the country’s anti-money laundering and counter-financing of terrorism (AML/CFT) regime, the Anti-Money Laundering Council (AMLC) approved the 2018 Implementing Rules and Regulations (IRR) of Republic Act (RA) No. 9160 or the Anti-Money Laundering Act of 2001, as amended (AMLA).

Approval of the 2018 IRR came in the wake of the results of the Second National Risk Assessment, in which the AMLC spearheaded the evaluation of the country’s level of risks to money laundering and financing of terrorism, necessitating revisions to the 2016 Revised Implementing Rules and Regulations, and the need for continual improvement of the country’s AML/CFT’s policies. The 2018 IRR also represent a part of the country’s national AML/CFT strategy, a multi-agency collaboration involving the AMLC, financial regulators and law enforcement agencies. Notably, the 2018 IRR incorporate the amendments under Republic Act No. 10927, which included casinos as covered persons. However, implementation by casinos of the Anti-Money Laundering Act of 2001, will continue to be governed by the existing Casino Implementing Rules and Regulations.

In crafting the 2018 IRR, the AMLC consulted multiple stakeholders from both the public and private sectors. The AMLC, moreover, was conscious of the need to strengthen the financial system’s integrity, and bring the Philippines at par with prevailing rules in other countries. An improved AML/CFT policy has positive consequences for the Philippines’ credit rating, financial stability and investment climate.

The 2018 IRR feature new rules on the AMLC’s cooperation and coordination with law enforcement agencies, beneficial ownership, customer due diligence, AMLC supervision and compliance checking, and national risk management and assessment. Recently, the AMLC had also approved guidelines on digitizing customer records, registration and reporting, and equivalent rules and regulations for casinos, among others. Adoption of these measures, including the 2018 IRR, would enable the AMLC to catalyze observance of a compliance culture in the financial and business sectors.

 Established in 2001, the AMLC is a three-member body chaired by the Governor of the Bangko Sentral ng Pilipinas (BSP), with the Chairman of the Securities and Exchange Commission (SEC) and Insurance Commissioner as Members. The current AMLC Chairman is BSP Governor Nestor A. Espenilla, Jr., who took office in July 2017, with Insurance Commissioner Dennis B. Funa and SEC Chairman Emilio B. Aquino, as Members.

 

The 2018 IRR took effect on 27 November 2018.

                  

To view the 2018 IRR, click this link.

 

 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.



 

 

 

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.

                

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