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Law Amla
Law Amla
(f) "PROCEEDS" refers to an amount derived or 2. the client is not properly identified;
realized from an unlawful activity.
3. the amount involved is not
(i) All material results, profits, effects and commensurate with the business or
any amount realized from any unlawful financial capacity of the client;
activity;
4. taking into account all known
circumstances, it may be perceived that the
(ii) All monetary, financial or economic
client’s transaction is structured in order to
means, devices, documents, papers or
avoid being the subject of reporting
things used in or having any relation to any
requirements under the AMLA;
unlawful activity; and
5. any circumstance relating to the
(iii) All moneys, expenditures, payments, transaction which is observed to deviate
disbursements, costs, outlays, charges, from the profile of the client and/or the
accounts, refunds and other similar items client’s past transactions with the covered
for the financing, operations, and person;
maintenance of any unlawful activity.
6. the transaction is in any way related to
(g) "SUPERVISING AUTHORITY" an unlawful activity or any money
laundering activity or offense that is about
refers to the BSP, the SEC and the IC. Where
the BSP, SEC or IC supervision applies only to be committed, is being or has been
to the registration of the covered committed; or
institution, the BSP, the SEC or the IC, 7. any transaction that is similar, analogous
within the limits of the AMLA, as amended, or identical to any of the foregoing
shall have the authority to require and ask
assistance from the government agency
having regulatory power and/or licensing (i) 'UNLAWFUL ACTIVITY' refers to any act or
authority over said covered institution for omission or series or combination thereof
the implementation and enforcement of involving or having direct3 relation to the
following:
the AMLA, as amended, and these Rules.
1. “Kidnapping for Ransom” under Article 267 of
(h) "TRANSACTION"
Act No. 3815, otherwise known as the Revised
refers to any act establishing any right or Penal Code, as amended;
obligation, or giving rise to any contractual or 2. Sections 4, 5, 6, 8, 9, 10, 11, 12,13, 14, 15 and
legal relationship between the parties thereto. 16 of Republic Act No. 9165, otherwise known
It also includes any movement of funds by any as the “Comprehensive Dangerous Drugs Act of
means with a covered person. 2002”;
.
3. Section 3 paragraphs b, c, e, g, h and i of 19. Violations of Sections 4 to 6 of Republic Act
Republic Act No. 3019, as amended, otherwise No. 9208, otherwise known as the “Anti-
known as the “Anti-Graft and Corrupt Practices Trafficking in Persons Act of 2003, as amended”;
Act”;
20. Violations of Sections 78 to 79 of Chapter IV
4. “Plunder” under Republic Act No. 7080, as of Presidential Decree No. 705, otherwise
amended; known as the “Revised Forestry Code of the
Philippines, as amended”;
5. “Robbery” and “Extortion” under Articles 294,
295, 296, 299, 300, 301 and 302 of the Revised 21. Violations of Sections 86 to 106 of Chapter
Penal Code, as amended; IV of Republic Act No. 8550, otherwise known as
the “Philippine Fisheries Code of 1998”;
6. “Jueteng” and “Masiao” punished as illegal
gambling under Presidential Decree No. 1602; 22. Violations of Sections 101 to 107, and 110 of
Republic Act No. 7942, otherwise known as the
7. “Piracy on the High Seas” under the Revised “Philippine Mining Act of 1995”;
Penal Code, as amended, and Presidential
Decree No. 532: 23. Violations of Section 27(c), (e), (f), (g) and (i)
of Republic Act No. 9147, otherwise known as
8. “Qualified Theft” under Article 310 of the the “Wildlife Resources Conservation and
Revised Penal Code, as amended; Protection Act”;
9. “Swindling” under Article 315 and “Other 24. Violations of Section 7(b) of Republic Act No.
Forms of Swindling” under Article 316 of the 9072, otherwise known as the “National Caves
Revised Penal Code, as amended: and Cave Resources Management Protection
Act”;
10. “Smuggling” under Republic Act No. 455,
and Republic Act No. 1937, as amended, 25. Violation of Republic Act No. 6539,
otherwise known as the “Tariff and Customs otherwise known as the “Anti-Carnapping Act of
Code of the Philippines”; 2002, as amended”;
11. Violations under Republic Act No. 8792, 26. Violation of Sections 1, 3, and 5 of
otherwise known as the “Electronic Commerce Presidential Decree No. 1866, as amended,
Act of 2000”; otherwise known as the decree “Codifying the
Laws on Illegal/Unlawful Possession,
12. “Hijacking” and other violations under
Manufacture, Dealing In, Acquisition or
Republic Act No. 6235, otherwise known as the
Disposition of Firearms, Ammunition or
“Anti-Hijacking Law”;
Explosives”;
“Destructive Arson”; and “Murder”, as defined
27. Violation of Presidential Decree No. 1612,
under the Revised Penal Code, as amended;
otherwise known as the “Anti-Fencing Law”;
13. “Terrorism” and “Conspiracy to Commit
28. Violation of Section 6 of Republic Act No.
Terrorism” as defined and penalized under
8042, otherwise known as the “Migrant Workers
Sections 3 and 4 of Republic Act No. 9372;
and Overseas Filipinos Act of 1995, as
14. “Financing of Terrorism” under Section 4 amended”;
and offenses punishable under Sections 5, 6, 7
29. Violation of Republic Act No. 8293,
and 8 of Republic Act No. 10168, otherwise
otherwise known as the “Intellectual Property
known as the “Terrorism Financing Prevention
Code of the Philippines, as amended”;
and Suppression Act of 2012”;
30. Violation of Section 4 of Republic Act No.
15. “Bribery” under Articles 210, 211 and 211-A
9995, otherwise known as the “Anti-Photo and
of the Revised Penal Code, as amended, and
Video Voyeurism Act of 2009”;
“Corruption of Public Officers” under Article 212
of the Revised Penal Code, as amended; 31. Violation of Section 4 of Republic Act No.
9775, otherwise known as the “Anti-Child
16. “Frauds and Illegal Exactions and
Pornography Act of 2009”;
Transactions” under Articles 213, 214, 215 and
216 of the Revised Penal Code, as amended; 32. Violations of Sections 5, 7, 8, 9, 10 (c), (d)
and (e), 11, 12 and 14 of Republic Act No. 7610,
17. “Malversation of Public Funds and Property”
otherwise known as the “Special Protection of
under Articles 217 and 222 of the Revised Penal
Children Against Abuse, Exploitation and
Code, as amended;
Discrimination”;
18. “Forgeries” and “Counterfeiting” under
Articles 163, 166, 167, 168, 169 and 176 of the
Revised Penal Code, as amended;
33. Fraudulent practices and other violations SEC. 6. Prosecution of Money Laundering.
under Republic Act No. 8799, otherwise known
as the “Securities Regulation Code of 2000”; (1) Any person may be charged with and
convicted of both the offense of money
34. Felonies or offenses of a nature similar to
laundering and the unlawful activity as
the aforementioned unlawful activities that are
defined under Section 3.i of the AMLA, as
punishable under the penal laws of other
amended.
countries.
In determining whether or not a felony or (2) Any proceeding relating to the unlawful
offense punishable under the penal laws of activity shall be given precedence over the
other countries is “of a similar nature”, as to prosecution of any offense or violation
constitute an unlawful activity under the AMLA, under the AMLA, as amended, without
the nomenclature of said felony or offense need
prejudice to the ex-parte application by the
not be identical to any of the unlawful activities
AMLC with the Court of Appeals for a freeze
listed above.
order with respect to the monetary
SEC. 4. Money Laundering Offense instrument or property involved therein
and resort to other remedies provided
Money laundering is a crime whereby the under the AMLA, as amended, the Rules of
proceeds of an unlawful activity as herein Court and other pertinent laws and rules.
defined are transacted, thereby making
them appear to have originated from Rule 6.b. When the AMLC finds, after
legitimate sources. It is committed by the investigation, that there is probable cause
following: to charge any person with a money
laundering offense under Section 4 of the
(a) Any person knowing that any monetary AMLA, as amended, it shall cause a
instrument or property represents, complaint to be filed, pursuant to Section 7
involves, or relates to, the proceeds of any (4) of the AMLA, as amended, before the
unlawful activity, transacts or attempts to Department of Justice or the Office of the
transact said monetary instrument or Ombudsman, which shall then conduct the
property. preliminary investigation of the case.
(b) Any person knowing that any monetary Rule 6.c. If after due notice and hearing in
instrument or property involves the the preliminary investigation proceedings,
proceeds of any unlawful activity, performs the Department of Justice, or the Office of
or fails to perform any act as a result of the Ombudsman, as the case may be, finds
which he facilitates the offense of money probable cause for a money laundering
laundering referred to in paragraph (a) offense, it shall file the necessary
above. information before the Regional Trial Courts
or the Sandiganbayan.
(c) Any person knowing that any monetary
instrument or property is required under Rule 6.d. Trial for the money laundering
the AMLA, as amended, be disclosed and offense shall proceed in accordance with
filed with the Anti-Money Laundering the Code of Criminal Procedure or the Rules
Council (AMLC), fails to do so. of Procedure of the Sandiganbanyan, as the
case may be.
SEC. 5. Jurisdiction of Money Laundering
Cases. – Rule 6.e. Knowledge of the offender that
The regional trial courts shall have any monetary instrument or property
jurisdiction to try all cases on money represents, involves, or relates to the
laundering. Those committed by public proceeds of an unlawful activity or that any
officers and private persons who are in monetary instrument or property is
conspiracy with such public officers shall be required under the AMLA, as amended, to
under the jurisdiction of the be disclosed and filed with the AMLC, may
Sandiganbayan. be established by direct evidence or
inferred from the attendant circumstances.
Rule 9.a.1. Customer Identification. - (f) Nature of work and name of employer
Covered institutions shall establish and or nature of self-employment/business;
record the true identity of its clients based
on official documents. They shall maintain a (g) Contact numbers;
system of verifying the true identity of their
clients and, in case of corporate clients, (h) Tax identification number, Social
require a system of verifying their legal Security System number or Government
existence and organizational structure, as Service Insurance System number;
well as the authority and identification of all
persons purporting to act on their behalf. (i) Specimen signature;
Covered institutions shall establish
appropriate systems and methods based on (j) Source of funds; and
internationally compliant standards and
adequate internal controls for verifying and (k) Names of beneficiaries in case of
recording the true and full identity of their insurance contracts and whenever
customers. applicable.
SEC 19
Separability Clause
SEC 20
Repealing Clause