Anti Terrorism - Lecture Series 6 - Finance and AMLC

ANTI-TERRORISM
LAW
APP RAMON D. FACUN
DOJ-OPP QUEZON PROVINCE, CATANAUAN SUB OFFICE
Anti-Terrorism Act of 2020
Disclaimer
 Disclaimer:
 TheImplementing Rules and Regulations of the Anti-Terror

Law is yet to be promulgated by the DOJ.
AMLC
 Assets of Terrorist/Terrorist Group, Organizations, Associations. (Sec
25, 4th par)
 The assets of
 the designated individual, groups of persons, organization or
association above-mentioned
 shall be subject to the authority of the Anti-Money Laundering Council
(AMLC)
 to freeze pursuant to Section 11 of Republic Act No. 10168.
AMLC
 AMLC to Investigate, Inquire into and Examine Bank
Deposits. (Sec. 35)
 Upon the issuance by the court of a preliminary order of

proscription
 or in case of designation under Section 25 of this Act,
 the AMLC, either upon its own initiative or at the request of the
ATC,
 is hereby authorized to investigate:
AMLC
Deposits. (Sec. 35)
 (a) any property or funds

 that are in any way related to
 financing of terrorism as defined and penalized under
Republic Act No. 10168, or violation of Sections 4, 6, 7, 10, 11
or 12 of this Act;
AMLC
Deposits. (Sec. 35)
 and (b) property or funds of any person or persons

 in relation to whom there is probable cause to believe that
such person or persons
 are committing or attempting or conspiring to commit, or
participating in or facilitating the financing of the
aforementioned sections of this Act.
AMLC
Deposits. (Sec. 35)
 the AMLC is hereby authorized

 to inquire into or examine deposits and investments
 with any banking institution or non-bank financial institution
and their subsidiaries and affiliates
 without a court order.
AMLC
 Authority to Freeze. (Sec. 36)
 Upon the issuance by the court of a preliminary order of

proscription
 or in case of designation under Section 25 of this Act,
 the AMLC, either upon its own initiative or request of the ATC,
 is hereby authorized to issue an ex parte order to freeze
without delay:
AMLC
 (a) any property or funds

 that are in any way related to financing of terrorism as defined
and penalized under Republic Act No. 10168,
 or any violation of Sections 4, 5, 6, 7, 8, 9, 10, 11 or 12 of this
Act;
AMLC
 and (b) property or funds of any person or persons

 in relation to whom there is probable cause to believe that
such person or persons are committing or attempting or
conspiring to commit, or participating in or facilitating the
financing of the aforementioned sections of this Act.
AMLC
 Effective Period Authority to Freeze. (Sec. 36)
 20 days.
 may be extended to six (6) months upon petition by the AMLC
to the Court of Appeals.
AMLC
 Malicious Examination of a Bank or a Financial Institution.
(Sec. 37)
 Any person
 who maliciously,
 or without authorization,
 examines deposits, placements, trust accounts, assets, or records
in a bank or financial institution in relation to Section 36 hereof,
 shall suffer the penalty of four (4) years of imprisonment.
AMLC
 Bank Officials and Employees Defying a Court Authorization. (Sec.
39)
 An employee, official, or a member of the board of directors of a bank or
financial institution,
 who after being duly served with the written order of authorization from
the Court of Appeals,
 refuses to allow the examination of the deposits, placements, trust
accounts, assets, and records of a terrorist or an outlawed group of
persons, organization or association, in accordance with Sections 25
and 26 hereof,
 shall suffer the penalty of imprisonment of four (4) years.
AMLC
 Safe Harbor. (Sec. 38)
 No administrative, criminal or civil proceedings

 shall lie against any person
 acting in good faith
 when implementing the targeted financial sanctions as
provided under pertinent United Nations Security Resolutions.
Question and Answer
 THANK YOU VERY MUCH….

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ANTI-TERRORISM

 TheImplementing Rules and Regulations of the Anti-Terror

 Upon the issuance by the court of a preliminary order of

 (a) any property or funds

 and (b) property or funds of any person or persons

 the AMLC is hereby authorized

 Upon the issuance by the court of a preliminary order of

 (a) any property or funds

 and (b) property or funds of any person or persons

 No administrative, criminal or civil proceedings

 THANK YOU VERY MUCH….

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