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The
Anti-Money Laundering Council (AMLC)
| Vision |
| To be a
world-class financial intelligence unit that will help establish and
maintain an internationally compliant and effective anti-money
laundering regime which will provide the Filipino people with a sound,
dynamic and strong financial system in an environment conducive to the
promotion of social justice, political stability and sustainable
economic growth. Towards this goal, the AMLC shall, without fear or
favor, investigate and cause the prosecution of money laundering
offenses.
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| Mission |
- To protect and
preserve the integrity and confidentiality of bank accounts
- To ensure that
the Philippines shall not be used as a money laundering site for
proceeds of any unlawful activity.
- To extend
cooperation in transnational investigation and prosecution of person
involved in money laundering activities wherever committed.
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| Organization |
| The Anti-Money
Laundering Council is composed of the Governor of the Bangko Sentral ng
Pilipinas (BSP) as Chairman and the Commissioner of the Insurance
Commission (IC) and the Chairman of the Securities and Exchange
Commission (SEC) as members. It acts unanimously in the discharge of
its functions.
The AMLC is
assisted by a Secretariat headed by an Executive Director and consists
of four (4) units; the Compliance and Investigation Staff (CIS), the
Legal
Evaluation Staff (LES), the Information Management and Analysis Staff
(IMAS) and the
Administrative and Financial Services Division (AFSD).
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| Functions |
- Requires and
receives covered or suspicious transaction reports from covered
institutions (banks and all other institutions and their subsidiaries
and affiliates supervised or regulated by BSP; insurance companies and
all other institutions supervised or regulated by the IC; and
securities dealers and other entities supervised or regulated by the
SEC);
- Issues orders
addressed to the appropriate Supervising Authority (the BSP, IC or SEC)
or the covered institution to determine the true identity of the owner
of any monetary instrument/property subject of a covered or suspicious
transaction report or request for assistance from a foreign State, or
believed by the AMLC, on the basis of substantial evidence, to be
representing, involving, or related to the proceeds of an unlawful
activity;
- Institutes civil
forfeiture proceedings and all other remedial proceedings through the
Office of the Solicitor General;
- Causes the
filing of complaints with the Department of Justice or the Ombudsman
for the prosecution of money laundering offenses;
- Investigates
suspicious transactions and covered transactions deemed suspicious
after an investigation by AMLC, money laundering activities, and other
violations of the AMLA;
- Applies before
the Court of Appeals, ex parte,
for the freezing of any monetary
instrument/property alleged to be proceeds of any unlawful activity as
defined in the AMLA;
- Implements such
measures as may be necessary and justified to counteract money
laundering;
- Receives and
takes action in respect of any request for assistance from foreign
states in their own anti-money laundering operations;
- Develops
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;
- Enlists 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;
- Imposes
administrative sanctions for the violation of laws, rules, regulations
and orders and resolutions issued pursuant thereto; and
- Examines or
inquires into bank deposits/investments upon order of any competent
court in cases of violation of the AMLA, when it has been established
that there is probable cause that the deposits/investments are related
to an unlawful activity. No court order, however, is necessary in cases
involving kidnapping for ransom; narcotics offenses; and hijacking,
destructive arson and murder, including those perpetrated by terrorists
against non-combatant persons and similar targets.
To ensure
compliance with AMLA, the BSP may inquire into or examine any deposit
or investment with any banking institution or non-bank financial
institution when the examination is made in the course of a periodic or
special examination in accordance with the rules of examination of the
BSP.
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