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REPUBLIC ACT NO.

9160 government agency tasked to implement the


AMLA.
(as amended by Republic Act No. 9194)

AN ACT DEFINING THE CRIME OF MONEY C. “Supervising Authority” refers to the


LAUNDERING, PROVIDING PENALTIES THEREFOR Bangko Sentral ng Pilipinas (BSP), the
AND FOR OTHER PURPOSE Securities and Exchange Commission (SEC),
the Insurance Commission (IC), or the
SECTION 1. A. TITLE. –
relevant regulatory bodies of the
These Rules shall be known and cited as the Designated Non-Financial Businesses and
Professions enumerated under Rule 3.E.4,
“Revised Implementing Rules and Regulations
or other government agencies designated
of Republic Act No. 9160” otherwise known as
by Law.
The Anti-Money Laundering Act of 2001, as
amended by Republic Act. No. 9194 and D. “Person” refers to any natural or juridical
Republic Act No. 10167 (the AMLA, as person
amended).
(a) "COVERED INSTITUTION" refers to:
.B. PURPOSE.- Rule 3.a.1. Banks, offshore banking units,
These Rules are promulgated to prescribe the quasi-banks, trust entities, non-stock
procedures and guidelines for the savings and loan associations, pawnshops,
implementation of the AMLA, as amended. foreign exchange dealers, money changers,
remittance agents, electronic money issuers
Money Laundering is an act, series or combination of and other financial institutions which under
act whereby proceeds of an unlawful activity, special laws are subject to Bangko Sentral
whether in cash, property or the assets, are ng Pilipinas (BSP) supervision and/or
converted, concealed or disguised to make them
regulation, including their subsidiaries and
appear to have originated from legitimate sources.
affiliates.
Money Laundering is also committed by any covered
person who, knowing that a covered or suspicious
transaction is required under AMLA to reported to (a) A subsidiary means an entity more than
the AMLC, fails to do so (AMLA, SEC 4). fifty percent (50%) of the outstanding
voting stock of which is owned by a bank,
Money laundering is a criminal offense under quasi-bank, trust entity or any other
Republic Act. (160, otherwise known as “"Anti-
institution supervised or regulated by the
Money Laundering Act of 2001.", as amended
BSP.
(“AMLA”). The law created the Anti-Money
Laundering Council which is primary government
agency tasked with implementing the AMLA causing (b) An affiliate means an entity at least
the filing of complaints for the prosecution of money twenty percent (20%) but not exceeding
laundering offences. fifty percent (50%) of the voting stock of
which is owned by a bank, quasi-bank, trust
SEC. 2. Declaration of Policy. – I
entity, or any other institution supervised
t is hereby declared the policy of the State to protect and/or regulated by the BSP.
and preserve the integrity and confidentiality of
bank accounts and to ensure that the Philippines Rule 3.a.2. Insurance companies,
shall not be used as a money laundering site for the insurance agents, insurance brokers,
proceeds of any unlawful activity. professional reinsurers, reinsurance
brokers, holding companies, holding
Consistent with its foreign policy, the Philippines
shall extend cooperation in transnational company systems, pre-need companies,
investigations and prosecutions of persons involved mutual benefit associations and all other
in money laundering activities wherever committed. persons and entities supervised and/or
regulated by the Insurance Commission (IC).
SEC. 3. Definitions. – For purposes of this Act, the
following terms are hereby defined as follows
(a) An insurance company includes those
A. “Anti-Money Laundering Act” (AMLA) refers entities authorized to transact insurance
to Republic Act No. 9160, as amended by business in the Philippines, whether life or
Republic Act Nos. 9194, 10167 and 10365. non-life and whether domestic,
domestically incorporated or branch of a
B. “Anti-Money Laundering Council” (AMLC)
foreign entity. A contract of insurance is an
refers to the financial intelligence unit of the
Republic of the Philippines which is the
agreement whereby one undertakes for a
consideration to indemnify another against system includes a holding company
loss, damage or liability arising from an together with its controlled insurers and
unknown or contingent event. Transacting controlled persons.
insurance business includes making or
proposing to make, as insurer, any (g) A pre-need company refers to any
insurance contract, or as surety, any corporation registered with the Commission
contract of suretyship as a vocation and not and authorized/licensed to sell or offer to
as merely incidental to any other legitimate sell pre-need plans. The term “pre-need
business or activity of the surety, doing any company” also refers to schools, memorial
kind of business specifically recognized as chapels, banks, non-bank financial
constituting the doing of an insurance institutions and other entities which have
business within the meaning of Presidential also been authorized/licensed to sell or
Decree (P.D.) No. 612, as amended, offer to sell pre-need plans insofar as their
including a reinsurance business and doing pre-need activities or business are
or proposing to do any business in concerned.
substance equivalent to any of the
foregoing in a manner designed to evade Pre-need plans are contracts,
the provisions of P.D. No. 612, as amended. agreements, deeds or plans for the benefit
of the planholders which provide for the
performance of future service/s, payment
(b) An insurance agent includes any person of monetary considerations or delivery of
who solicits or obtains insurance on behalf other benefits at the time of actual need or
of any insurance company or transmits for a
agreed maturity date, as specified therein,
person other than himself an application for in exchange for cash or installment amounts
a policy or contract of insurance to or from with or without interest or insurance
such company or offers or assumes to act in coverage and includes life, pension,
the negotiation of such insurance. education, interment and other plans,
instruments, contracts or deeds as may in
(c) An insurance broker includes any person the future be determined by the
who acts or aids in any manner in soliciting, Commission.
negotiating or procuring the making of any
insurance contract or in placing risk or (h) Mutual Benefit Association refers to any
taking out insurance, on behalf of an society, association or corporation, without
insured other than himself. capital stock, formed or organized not for
profit but mainly for the purpose of paying
(d) A professional reinsurer includes any sick benefits to members, or of furnishing
person, partnership, association or financial support to members while out of
corporation that transacts solely and employment, or of paying to relatives of
exclusively reinsurance business in the deceased members of fixed or any sum of
Philippines, whether domestic, domestically money, irrespective of whether such aim or
incorporated or a branch of a foreign entity. purpose is carried out by means of fixed
A contract of reinsurance is one by which an dues or assessments collected regularly
insurer procures a third person to insure from the members, or of providing, by the
him against loss or liability by reason of
issuance of certificates of insurance,
such original insurance. payment of its members of accident or life
insurance benefits out of such fixed and
(e) A reinsurance broker includes any regular dues or assessments, but in no case
person who, not being a duly authorized shall include any society, association, or
agent, employee or officer of an insurer in corporation with such mutual benefit
which any reinsurance is effected, acts or features and which shall be carried out
aids in any manner in negotiating contracts purely from voluntary contributions
of reinsurance or placing risks of effecting collected not regularly and or no fixed
reinsurance, for any insurance company amount from whomsoever may contribute.
authorized to do business in the Philippines.
Rule 3.a.3. (i) Securities dealers,
(f) A holding company includes any person brokers, salesmen, investment houses,
who directly or indirectly controls any investment agents and consultants, trading
authorized insurer. A holding company
advisors, and other entities managing (1) who for an advisory fee is engaged in
securities or rendering similar services; (ii) the business of advising others, either
mutual funds or open-end investment directly or through circulars, reports,
companies, close-end investment publications or writings, as to the value of
companies, common trust funds or issuers any security and as to the advisability of
and other similar entities; (iii) transfer trading in any security;
companies and other similar entities; and
(iv) other entities administering or (2) who for compensation and as part of a
otherwise dealing in currency, commodities regular business, issues or promulgates,
or financial derivatives based thereon, analyzes reports concerning the capital
valuable objects, cash substitutes and other market, except:
similar monetary instruments or property
supervised and/or regulated by the (a) any bank or trust company;
Securities and Exchange Commission (SEC).
(b) any journalist, reporter, columnist,
(a) A securities broker includes a person editor, lawyer, accountant, teacher;
engaged in the business of buying and
selling securities for the account of others. (c) the publisher of any bona fide
newspaper, news, business or financial
(b) A securities dealer includes any person publication of general and regular
who buys and sells securities for his/her circulation, including their employees;
account in the ordinary course of business.
(d) any contract market;
(c) An investment house includes an
enterprise which engages or purports to (e) such other person not within the intent
engage, whether regularly or on an isolated of this definition, provided that the
basis, in the underwriting of securities of furnishing of such service by the foregoing
another person or enterprise, including persons is solely incidental to the conduct
securities of the Government and its of their business or profession.
instrumentalities.
(3) who undertakes the management of
(d) A mutual fund or an open-end portfolio securities of investment
investment company includes an companies, including the arrangement of
investment company which is offering for purchases, sales or exchanges of securities.
sale or has outstanding, any redeemable
(c) "MONETARY INSTRUMENT" refers to:
security of which it is the issuer.
1. Coins or currency of legal tender of the
(e) A closed-end investment company Philippines, or of any other country;
includes an investment company other than
open-end investment company. 2. Credit instruments, including bank
deposits, financial interest, royalties,
(f) A common trust fund includes a fund commissions, and other intangible
maintained by an entity authorized to property;
perform trust functions under a written and
3. Drafts, checks, and notes;
formally established plan, exclusively for
the collective investment and reinvestment 4. Stocks or shares, participation or interest
of certain money representing participation in a corporation or in a commercial
in the plan received by it in its capacity as enterprise or profit-making venture and
trustee, for the purpose of administration, evidenced by a certificate, contract,
holding or management of such funds instrument, whether written or electronic in
and/or properties for the use, benefit or character, including those enumerated in
advantage of the trustor or of others known Section 3 of the Securities Regulation Code;
as beneficiaries.
5. A participation or interest in any non-
(g) Investment Advisor/Agent/Consultant stock, non-profit corporation;
shall refer to any person:
6. Securities or negotiable instruments,
bonds, commercial papers, deposit
certificates, trust certificates, custodial Rule 3.g.1. “COVERED TRANSACTION”
receipts, or deposit substitute instruments,
trading orders, transaction tickets, and 1. A transaction in cash or other equivalent
confirmations of sale or investments and monetary instrument exceeding Five
money market instruments; Hundred Thousand pesos (Php500,000.00)

7. Contracts or policies of insurance, life or 2. A transaction exceeding One Million


non-life, contracts of suretyship, pre-need pesos (Php1,000,000.00) in cases of jewelry
plans, and member certificates issued by dealers, dealers in precious metals and
mutual benefit association; and dealers in precious stones..

8. Other similar instruments where title Rule 3.g.2. “SUSPICIOUS TRANSACTION”


thereto passes to another by endorsement, “Suspicious Transaction” refers to a
assignment, or delivery. transaction, regardless of amount, where
any of the following circumstances exists:
(d) "OFFENDER" refers to any person who
commits a money laundering offense 1. there is no underlying legal or trade
obligation, purpose or economic
(e) "PERSON" refers to any natural or juridical
person. justification;

(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 6.f. All the elements of every money


laundering offense under Section 4 of the
AMLA, as amended, must be proved by involving, or related to, directly or
evidence beyond reasonable doubt, indirectly, in any manner or by any means,
including the element of knowledge that the proceeds of any unlawful activity;
the monetary instrument or property
represents, involves or relates to the (3) to investigate suspicious transactions
proceeds of any unlawful activity. and covered transactions deemed
suspicious after an investigation by the
Rule 6.g. No element of the unlawful AMLC, money laundering activities and
activity, however, including the identity of other violations of the AMLA, as amended;
the perpetrators and the details of the
actual commission of the unlawful activity (4) to file with the Court of Appeals, ex-
need be established by proof beyond parte, through the Office of the Solicitor
reasonable doubt. The elements of the General:
offense of money laundering are separate
and distinct from the elements of the felony a.) a petition for the freezing of any
or offense constituting the unlawful activity monetary instrument or property alleged to
be proceeds of any unlawful activity as
SEC. 7. Creation of Anti-Money Laundering defined under sub-paragraphs (a) to (o) of
Council (AMLC Rule 3.h hereof;
Rule 7.a.1. Composition. - The Anti-Money
Laundering Council is hereby created and b.) an application for authority to inquire
shall be composed of the Governor of the into or examine any particular deposit or
Bangko Sentral ng Pilipinas as Chairman, the investment, including related accounts,
Commissioner of the Insurance Commission with any banking institution or non-bank
and the Chairman of the Securities and financial institution;
Exchange Commission as Members.
(5) to institute civil forfeiture proceedings
Rule 7.a.2. Unanimous Decision. - The and all other remedial proceedings through
AMLC shall act unanimously in discharging the Office of the Solicitor General;
its functions as defined in the AMLA, as
amended, and in these Rules. However, in (6) to file complaints with the Department
the case of the incapacity, absence or of Justice or the Office of the Ombudsman
disability of any member to discharge his for the prosecution of money laundering
functions, the officer duly designated or offenses and other violations under the
authorized to discharge the functions of the AMLA, as amended;
Governor of the BSP, the Chairman of the
SEC or the Insurance Commissioner, as the (7) to formulate and implement such
case may be, shall act in his stead in the measures as may be inherent, necessary,
AMLC. implied, incidental and justified under the
AMLA, as amended, to counteract money
Rule 7.b. Functions. - The functions of the laundering. Subject to such limitations
AMLC are defined hereunder: provided by law, the AMLC is authorized
under Section 7 (7) of the AMLA, as
(1) to require and receive covered or amended, to establish an information
suspicious transaction reports from covered sharing system that will enable the AMLC to
institutions; store, track, analyze and investigate money
laundering transactions and to disseminate
(2) to issue orders addressed to the results of its analysis and investigation to
appropriate Supervising Authority or the competent authorities for the resolute
covered institution to determine the true prevention, detection and prosecution of
identity of the owner of any monetary money laundering offenses and other
instrument or property subject of a covered violations of the AMLA, as amended. For
or suspicious transaction report, or request this purpose, the AMLC shall install a
for assistance from a foreign State, or computerized system that will be used in
believed by the Council, on the basis of the creation and maintenance of an
substantial evidence, to be, in whole or in information database;
part, wherever located, representing,
(8) to receive and take action in respect of be necessary and proper to effectively
any request from foreign states for implement the AMLA, as amended, and
assistance in their own anti-money other relevant laws and regulations; and
laundering operations as provided in the
AMLA, as amended. The AMLC is authorized (12) to impose administrative sanctions
under Sections 7 (8) and 13 (b) and (d) of pursuant to Rule 14.a.4 for the violation of
the AMLA, as amended, to receive and take laws, rules, regulations, orders and
action in respect of any request from resolutions issued pursuant thereto, as may
foreign states for assistance in their own be determined by the AMLC.
anti-money laundering operations, in
respect of conventions, resolutions and Rule 7.c. Meetings. - The AMLC shall meet
other directives of the United Nations (UN), once a month, or as often as may be
the UN Security Council, and other necessary at the call of the Chairman.
international organizations of which the
Philippines is a member. However, the SEC. 8. CREATION OF A SECRETARIAT. –
AMLC may refuse to comply with such Rule 8. The Anti-Money Laundering Council
request, convention, resolution or directive Secretariat. - The Council shall be assisted
where the action sought therein by the AMLC Secretariat in the discharge of
contravenes the provisions of the its functions.
Constitution, or the execution thereof is
likely to prejudice the national interest of Rule 8.a. The Executive Director. - The
the Philippines; Secretariat shall be headed by an Executive
Director who shall be appointed by the
(9) to develop educational programs on AMLC for a term of five (5) years. He must
the pernicious effects of money laundering, be a member of the Philippine Bar, at least
the methods and techniques used in money thirty-five (35) years of age, must have
laundering, the viable means of preventing served for at least five (5) years either at
money laundering and the effective ways of the BSP, the SEC or the IC and of good
prosecuting and punishing offenders; moral character, unquestionable integrity
and known probity. He shall be considered
(10) to enlist the assistance of any branch, a full-time permanent employee of the BSP
department, bureau, office, agency or with the rank of Assistant Governor, and
instrumentality of the government, shall be entitled to such benefits and
including government-owned and - subject to rules and regulations, as well as
controlled corporations, in undertaking any prohibitions, as are applicable to officers of
and all anti-money laundering operations, similar rank.
which may include the use of its personnel,
facilities and resources for the more Rule 8.b. Composition. - In organizing the
resolute prevention, detection and Secretariat, the AMLC may choose from
investigation of money laundering offenses those who have served, continuously or
and prosecution of offenders. The AMLC cumulatively, for at least five (5) years in
may require the intelligence units of the the BSP, the SEC or the IC. All members of
Armed Forces of the Philippines, the the Secretariat shall be considered regular
Philippine National Police, the Department employees of the BSP and shall be entitled
of Finance, the Department of Justice, as to such benefits and subject to such rules
well as their attached agencies, and other and regulations as are applicable to BSP
domestic or transnational governmental or employees of similar rank.
non-governmental organizations or groups
to divulge to the AMLC all information that Rule 8.c. Detail and Secondment. - The
may, in any way, facilitate the resolute AMLC is authorized under Section 7(10) of
prevention, investigation and prosecution the AMLA, as amended, to enlist the
of money laundering offenses and other assistance of the BSP, the SEC or the IC, or
violations of the AMLA, as amended, and any other branch, department, bureau,
other relevant laws and regulations; office, agency or instrumentality of the
government, including government-owned
(11) to issue and implement rules, and controlled corporations, in undertaking
regulations, orders and resolutions as may any and all anti-money laundering
operations. This includes the use of any shall require customers to produce original
member of their personnel who may be documents of identity issued by an official
detailed or seconded to the AMLC, subject authority, bearing a photograph of the
to existing laws and Civil Service Rules and customer. Examples of such documents are
Regulations. Detailed personnel shall identity cards and passports. The following
continue to receive their salaries, benefits minimum information/documents shall be
and emoluments from their respective obtained from individual customers:
mother units. Seconded personnel shall
receive, in lieu of their respective (a) Name;
compensation packages from their
respective mother units, the salaries, (b) Present address;
emoluments and all other benefits which
their AMLC Secretariat positions are (c) Permanent address;
entitled to.
(d) Date and place of birth;
SEC. 9. PREVENTION OF MONEY
LAUNDERING; CUSTOMER IDENTIFICATION (e) Nationality;
REQUIREMENTS AND RECORD KEEPING

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.

Rule 9.a.2. Trustee, Nominee and Rule 9.a.4 Valid Identification


Agent Accounts. - When dealing with Documents. - Customers and the
customers who are acting as trustee, authorized signatory/ies of a corporate or
nominee, agent or in any capacity for and juridical entity who engage in a financial
on behalf of another, covered institutions transaction with a covered institution for
shall verify and record the true and full the first time shall be required to present
identity of the persons on whose behalf a the original and submit a clear copy of at
transaction is being conducted. Covered least one (1) valid photo-bearing ID issued
institutions shall also establish and record by an official authority.
the true and full identity of such trustees,
nominees, agents and other persons and For this purpose, the term official
the nature of their capacity and duties. In authority shall refer to any of the following:
case a covered institution has doubts as to
whether such persons are being used as i. Government of the Republic of the
dummies in circumvention of existing laws, Philippines
it shall immediately make the necessary
inquiries to verify the status of the business ii. Its political subdivisions and
relationship between the parties. instrumentalities;

Rule 9.a.3. Minimum iii. Government-Owned or -Controlled


Information/Documents Required for Corporations (GOCCs); and
Individual Customers. - Covered institutions
iv. Private entities or institutions primary officers such as the President and
registered with or supervised or regulated Treasurer;
either by the BSP, SEC or IC.
(d) Beneficial owners and beneficiaries of
In case the identification document the corporate and/or juridical entities;
presented to the covered institution does
not bear any photo of the customer or (e) Board or Partners’ resolution duly
authorized signatory, or the photo bearing certified by the Corporate/Partners’
ID or a copy thereof does not clearly show Secretary authorizing the signatory to sign
the face of the customer or authorized on behalf of the entity; and
signatory, a covered institution may utilize
its own technology to take the photo of the (f) For entities registered outside of the
customer or authorized signatory. Philippines, similar documents and/or
information shall be obtained duly
Rule 9.a.5. Minimum authenticated by the Philippine Consulate
Information/Documents Required for where said entities are registered.
Corporate and Juridical Entities. - Before
establishing business relationships, covered Rule 9.a.6. Prohibition against Certain
institutions shall endeavor to ensure that Accounts. - Covered institutions shall
the customer is a corporate or juridical maintain accounts only in the true and full
entity which has not been or is not in the name of the account owner or holder. The
process of being dissolved, wound up or provisions of existing laws to the contrary
voided, or that its business or operations notwithstanding, anonymous accounts,
has not been or is not in the process of accounts under fictitious names, and all
being, closed, shut down, phased out, or other similar accounts shall be absolutely
terminated. Dealings with shell companies prohibited.
and corporations, being legal entities which
have no business substance in their own Rule 9.a.7. Prohibition against opening
right but through which financial of Accounts without Face-to-face Contact. -
transactions may be conducted, should be No new account shall be opened and
undertaken with extreme caution. The created without face-to-face contact and
following minimum information/documents full compliance with the requirements
shall be obtained from customers that are under Rule 9.a.3 of these Rules.
corporate or juridical entities, including
shell companies and corporations which Rule 9.a.8. Numbered Accounts. - Peso
have no business substance in their own and foreign currency non-checking
right but through which financial numbered accounts shall be allowed:
transactions may be conducted: Provided, That the true identity of the
customers of all peso and foreign currency
(a) Certificates of Registration issued by non-checking numbered accounts are
the Department of Trade and Industry for satisfactorily established based on official
single proprietors, and other reliable documents and records,
and that the information and documents
or by the Securities and Exchange required under the provisions of these
Commission for corporations and Rules are obtained and recorded by the
partnerships, and by the covered institution. No peso and foreign
currency non-checking accounts shall be
BSP for money changers/foreign allowed without the establishment of such
exchange dealers and remittance agents; identity and in the manner herein provided.
Provided, further, That covered and
(b) Articles of Incorporation/Partnership; suspicious transaction reports involving
peso and foreign currency non-checking
(c) Latest General Information Sheet which numbered accounts submitted to the AMLC
lists the names of pursuant to Rule 7.b.1 of these Rules shall
directors/trustees/partners, principal stock contain the true name of the account
holders owning at least twenty percent holder. The BSP may conduct annual testing
(20%) of the outstanding capital stock and for the purpose of determining the
existence and true identity of the owners of such as banking institutions, trust entities
such accounts. The SEC and the IC may and quasi-banks authorized by the
conduct similar testing more often than Supervising Authorities to operate as such,
once a year and covering such other related publicly listed companies subject to
purposes as may be allowed under their regulatory disclosure requirements,
respective charters. government agencies including GOCCs, a
covered institution may open an account
Rule 9.a.9. Risk-based Customer under the official name of these entities
Identification Process. - A covered with only item (e) of those required under
institution shall develop clear, written and Rule 9.a.5 (Board or Partners’ Resolution
graduated customer acceptance policies duly certified by the Corporate/Partners’
and procedures including a set of criteria Secretary authorizing the signatory to sign
for customers that are likely to pose low, on behalf of the entity) obtained at the time
normal or high risk to their operations as of account opening.
well as the standards in applying reduced,
average and enhanced due diligence Rule 9.a.9.b. High-risk customer. - A
including a set of conditions for the denial customer from a country other than the
of account opening. These policies and Philippines that is recognized as having
procedures shall ensure that the financially inadequate internationally accepted anti-
or socially disadvantaged are not denied money laundering standards, or does not
access to financial services while at the sufficiently apply regulatory supervision or
same time prevent suspicious individuals or the Financial Action Task Force (FATF)
entities from opening an account. recommendations, or presents greater risk
for money laundering, its associated
Rule 9.a.9.a. Enhanced Due Diligence. - predicate offenses including corruption and
Enhanced due diligence shall be applied to terrorism financing, is considered a high risk
customers that are assessed by the covered customer and shall be subject to enhanced
institution or these Rules as high risk for due diligence measures under Rule 9.a.9.a.
money laundering and terrorist financing, Information relative to these are available
which enhanced diligence, at a minimum, from publicly available information such as
should observe the following measures: the websites of FATF, FATF Style Regional
Bodies (FSRB) like the Asia Pacific Group on
i. Obtain senior management approval Money Laundering and the Egmont Group,
for establishing or continuing. (for existing the Office of Foreign Assets Control (OFAC)
customers) such business relationships; of the U.S. Department of the Treasury, or
other reliable third parties such as
ii. Take reasonable measures to regulators or exchanges, which shall be a
establish the source of wealth and source of component of a covered institution’s
funds; and customer identification process.

iii. Conduct enhanced ongoing Rule 9.a.10. Outsourcing of the


monitoring of the business relationship. Conduct of Face-to-Face Contact. - Subject
to the rules promulgated for the purpose by
Rule 9.a.9.a.1. Reduced Due Diligence. - the Supervising Authorities, a covered
Whenever reduced due diligence is applied institution may outsource to a counterparty
in accordance with the covered institution’s the conduct of the requisite face-to-face
customer acceptance policy, the following contact.
rules shall apply:
Rule 9.a.11. Third party reliance. -
a.) For individual customers classified as Subject to the rules promulgated for the
low risk, a covered institution may open an purpose by the Supervising Authorities,
account under the true and full name of the where a third party has already conducted
account owner or owners upon the requisite face-to-face contact and the
presentation of an acceptable ID only. identification requirements on its own
customer in accordance with these Rules
b.) For corporate, partnership, and sole and its own Money Laundering and
proprietorship entities, and other entities Terrorist Financing Prevention Program, a
covered institution may rely on the promulgated by the Supervising Authorities.
representation of the third party that it has
already undertaken said face-to-face Rule 9.a.15. On-going monitoring of
contact and customer identification customers, accounts and transactions. - A
requirements. covered institution shall, on the basis of
materiality and risk, update all identification
Rule 9.a.12. Outsourcing of the information and documents of existing
gathering of minimum information and/or customers required to be obtained under
documents. - Subject to the rules the AMLA, as amended, and these Rules.
promulgated for the purpose by the
Supervising Authorities, a covered A covered institution shall establish a
institution may outsource to a counter- system that will enable it to understand the
party the gathering of the minimum normal and reasonable account activity of
information and/or documents required to customers and to detect unusual or
be obtained by these Rules provided that suspicious patterns of account activity. A
the ultimate responsibility for knowing the risk-and-materiality-based on-going
customer and for keeping the identification monitoring of customers’ accounts and
documents shall lie with the covered transactions shall be part of a covered
institution. institution’s customer due diligence
procedures.
Rule 9.a.13. Trustee, Nominee, Agent
or Intermediary account. - Where any Rule 9.a.15.a. Unusual or suspicious
transaction is conducted by a trustee, patterns of account activity. - A covered
nominee, agent or intermediary, either as institution shall apply enhanced due
an individual or through a fiduciary diligence under Rule 9.a.9.a on its customer
relationship, a corporate vehicle or if it acquires information in the course of its
partnership, on behalf of a trustor, customer account or transaction monitoring
principal, beneficial owner or person on that:
whose behalf a transaction is being
conducted, covered institutions shall Raises doubt as to the accuracy of any
establish and record the true and full information or document provided or the
identity and existence of both the (1) ownership of the entity;
trustee, nominee, agent or intermediary Justifies re-classification of the customer
and the (2) trustor, principal, beneficial from low or normal risk to high-risk
owner or person on whose behalf the pursuant to these Rules or by its own
transaction is being conducted. The covered criteria; or
institution shall determine the true nature Indicates that any of the circumstances for
of the parties’ capacities and duties by the filing of a suspicious transaction exists
obtaining a copy of the written document such as but not limited to the following:
evidencing their relationship and apply the Transacting without any underlying legal or
same standards for assessing the risk profile trade obligation, purpose or economic
and determining the standard of due justification;
diligence to be applied to both. Transacting an amount that is not
commensurate with the business or
In case it entertains doubts as to financial capacity of the customer or
whether the trustee, nominee, agent, or deviates from his profile;
intermediary is being used as a dummy in Structuring of transactions in order to avoid
circumvention of existing laws, it shall apply being the subject of covered transaction
enhanced due diligence under Rule 9.a.9.a. reporting; or
Knowing that a customer was or is engaged
Rule 9.a.14. Where the Customer or engaging in any unlawful activity as
Transacts Through a Trustee, Nominee, herein defined.
Agent or Intermediary which is a Third Where additional information cannot be
Party. - A covered institution may rely on obtained, or any information or document
the customer identification process provided is false or falsified, or result of the
undertaken by a third party subject to the validation process is unsatisfactory, the
rules on Third Party reliance to be covered institution shall terminate and
refrain from further conducting business anti-money laundering and terrorist
relationship with the customer without financing controls.
prejudice to the reporting of a suspicious
transaction to the AMLC when (c) Obtain approval from senior
circumstances warrant. management before establishing
correspondent relationships.
Rule 9.a.16. Politically Exposed
Persons. - A Covered institution shall take (d) Document the respective
reasonable measures to determine whether responsibilities of both institutions.
a customer or beneficial owner is a PEP as
defined under Rule 3.b.2 hereof. In cases of (e) With respect to “payable-through
higher risk business relationship with such accounts”, be satisfied that the respondent
persons including foreign PEPs, a covered bank has verified the identity of, and
institution shall apply the enhanced due performed on-going due diligence on, the
diligence measures under Rule 9.a.9.a. customers having direct access accounts of
the correspondent and that it is able to
The requirements for all types of PEPs provide relevant customer identification
should also apply to family members or data upon request by the correspondent
close associates of such PEPs. bank.

Rule 9.a.17. Correspondent Banking. - Correspondent banking customers


Correspondent banking refers to activities presenting greater risk, including shell
of one bank (the correspondent bank) companies, shall be subject to enhanced
having direct connection or friendly service due diligence under Rule 9.a.9.a.
relations with another bank (the
respondent bank). Because of the risk Rule 9.a.18. Wire/Fund Transfers. -
associated with dealing with correspondent Because of the risk associated with dealing
accounts where it may unknowingly with wire/fund transfers, where a covered
facilitate the transmission, or holding and institution may unknowingly transmit
management of proceeds of unlawful proceeds of unlawful activities or funds
activities or funds intended to finance intended to finance terrorist activities, it
terrorist activities, a covered institution shall establish policies and procedures
shall adopt policies and procedures for designed to prevent it from being utilized
correspondent banking activities and for that purpose which shall include, but
designate an officer responsible in ensuring not limited to, the following:
compliance with these policies and
procedures. A covered institution may rely (a) The beneficiary institution shall not
on the customer identification process accept instructions to pay-out wire/fund
undertaken by the respondent bank. In such transfers to non-customer beneficiary,
case, it shall apply the rules on Third Party unless it has conducted the necessary
reliance to be promulgated by the customer due diligence to establish the true
Supervising Authorities, treating the and full identity and existence of said
respondent bank as the Third Party as beneficiary. Should the originator and
defined therein. In addition, the beneficiary be the same person, the
correspondent bank shall: beneficiary institution may rely on the
customer due diligence conducted by the
(a) Gather sufficient information about the originating institution subject to the rules
respondent institution to understand fully on Third Party reliance to be promulgated
the nature of the respondent’s business and by the Supervising Authorities, treating the
to determine from publicly available originating institution as Third Party as
information the reputation of the herein defined;
institution and the quality of supervision,
including whether it has been subject to (b) The originating institution shall not
money laundering or terrorist financing accept instructions to wire/fund transfer
investigation or regulatory action. from a non-customer originator, unless it
has conducted the necessary customer due
(b) Assess the respondent institution’s diligence to establish the true and full
identity and existence of said originator; number, or customer identification number,
or date and place of birth;
(c) In cross border wire/fund transfers, if the name of the beneficiary; and
the originator is a high risk customer as the beneficiary account number where such
herein described, the beneficiary institution an account is used to process the
shall conduct enhanced due diligence under transaction.
Rule 9.a.9.a on the beneficiary and the (f) Should any wire/fund transfer
originator. Where additional information amounting to the threshold amount to be
cannot be obtained, or any information or determined by the Supervising Authorities
document provided is false or falsified, or or more or its equivalent in foreign currency
result of the validation process is be unaccompanied by the required
unsatisfactory, the beneficiary institution originator and beneficiary information, the
shall refuse to effect the wire/fund beneficiary institution shall exert all efforts
transfers or the pay-out of funds without to establish the true and full identity and
prejudice to the reporting of a suspicious existence of the originator by requiring
transaction to the AMLC when additional information from the originating
circumstances warrant; institution or intermediary institution. It
shall likewise apply enhanced due diligence
(d) Whenever possible, manually initiated under Rule 9.a.9.a to establish the true and
fund transfer (MIFT) instructions should not full identity and existence of the
be the primary delivery method. Every beneficiary. Where additional information
effort shall be made to provide client with cannot be obtained, or any information or
an electronic banking solution. However, document provided is false or falsified, or
where MIFT is utilized, the Supervising result of the validation process is
Authorities shall issue pertinent rules on unsatisfactory, the beneficiary institution
validation procedures; shall refuse to effect the wire/fund transfer
or the pay-out of funds without prejudice to
(e) Cross border and domestic wire/fund the reporting of a suspicious transaction to
transfers and related message not the AMLC when circumstances warrant.
exceeding a threshold amount to be
determined by the Supervising Authorities Rule 9.a.19. Shell Company/Shell Bank.
or its equivalent in foreign currency shall - A covered institution shall undertake
include accurate and meaningful originator business/banking relationship with a shell
and beneficiary information. The following company with extreme caution and always
information shall remain with the transfer apply enhanced due diligence under Rule
or related message through the payment 9.a.9.a.
chain:
No shell bank shall be allowed to
the name of the originator; operate or be established in the Philippines.
the name of the beneficiary; and A covered institution shall refuse to enter
an account number of the originator and into, or continue, correspondent banking
beneficiary, or in its absence, a unique relationship with them. It shall likewise
transaction reference number. guard against establishing relations with
For cross border and domestic foreign financial institutions that permit
wire/fund transfers and related message their accounts to be used by shell banks.
amounting to said threshold amount to be
determined by the Supervising Authorities Rule 9.a.20. Foreign Exchange Dealers,
or more or its equivalent in foreign Money Changers and Remittance Agents -
currency, the following information A covered institution shall require their
accompanying all qualifying wire transfers customers which are foreign exchange
should always contain: dealers, money changers and remittance
agents to submit a copy of the certificate of
the name of the originator; registration issued to them by the BSP as
the originator account number where such part of their customer identification
an account is used to process the requirement. Such customers shall be
transaction; subject to enhanced due diligence under
the originator’s address, or national identity Rule 9.a.9.a.
preceding sub-Rules, as the case may be,
Rule 9.b. Record Keeping Requirements. until it is confirmed that the case has been
resolved, decided or terminated with
Rule 9.b.1. Record Keeping: Kinds of finality by the court.
Records and Period for Retention. – All
records of all transactions of covered Rule 9.b.5. Form of Records. – Records
institutions shall be maintained and safely shall be retained as originals in such forms
stored for five (5) years from the dates of as are admissible in court pursuant to
transactions. Said records and files shall existing laws and the applicable rules
contain the full and true identity of the promulgated by the Supreme Court.
owners or holders of the accounts involved
in the covered transactions and all other Rule 9.c. Reporting of Covered and
customer identification documents. Suspicious Transactions.
Covered institutions shall undertake the
necessary adequate security measures to Rule 9.c.1. Period of Reporting
ensure the confidentiality of such records Covered Transactions and Suspicious
and files. Covered institutions shall prepare Transactions. - Covered institutions shall
and maintain documentation, in accordance report to the AMLC all covered transactions
with the aforementioned client and suspicious transactions within five (5)
identification requirements, on their working days from occurrence thereof,
customer accounts, relationships and unless the supervising authority concerned
transactions such that any account, prescribes a longer period not exceeding
relationship or transaction can be so ten (10) working days.
reconstructed as to enable the AMLC,
and/or the courts to establish an audit trail Should a transaction be determined to
for money laundering. Covered institutions be both a covered and a suspicious
shall likewise keep the electronic copies of transaction, the covered institution shall
all covered and suspicious transaction report the same as a suspicious transaction.
reports for at least five (5) years from the
dates of submission to the AMLC. Rule 9.c.2. Covered and Suspicious
Transaction Report Forms. – The Covered
Rule 9.b.2. Existing and New Accounts Transaction Report (CTR) and the Suspicious
and New Transactions. - All records of Transaction Report (STR) shall be in the
existing and new accounts and of new forms prescribed by the AMLC.
transactions shall be maintained and safely
stored for five (5) years from October 17, Covered transaction reports and
2001 or from the dates of the accounts or suspicious transaction reports shall be
transactions, whichever is later. submitted in a secured manner to the AMLC
in electronic form.
Rule 9.b.3. Closed Accounts. - With
respect to closed accounts, the records on Rule 9.c.3. Exemption from Bank
customer identification, account files and Secrecy Laws. – When reporting covered or
business correspondence shall be preserved suspicious transactions to the AMLC,
and safely stored for at least five (5) years covered institutions and their officers and
from the dates when they were closed. employees, shall not be deemed to have
violated R.A. No. 1405, as amended, R.A.
Rule 9.b.4. Retention of Records No. 6426, as amended, R.A. No. 8791 and
Where a Case of Money Laundering, Civil other similar laws, but are prohibited from
Forfeiture or Underlying Unlawful Activity, communicating, directly or indirectly, in any
Has Been Filed in Court. – If a money manner or by any means, to any person the
laundering, civil forfeiture or the underlying fact that a covered or suspicious transaction
unlawful activity case based on or report was made, the contents thereof, or
pertaining to any record kept by the any other information in relation thereto. In
covered institution concerned has been case of violation thereof, the concerned
filed in court, said record must be retained officer and employee of the covered
and safely kept beyond the period institution shall be criminally liable.
stipulated in the three (3) immediately
Rule 9.c.4. Confidentiality Provisions. – properties that any person may create in
When reporting covered transactions or the different covered institutions, their
suspicious transactions to the AMLC, branches and/or other units, the AMLC may
covered institutions and their officers and file a petition with the Court of Appeals for
employees, are prohibited from the freezing of the monetary instruments or
communicating, directly or indirectly, in any properties in the names of the reported
manner or by any means, to any person, owners/holders and monetary instruments
entity, the media, the fact that a covered or or properties named in the Petition of the
suspicious transaction report was made, the AMLC including related accounts as defined
contents thereof, or any other information under Rule 3.e.3 of these Rules.
in relation thereto. Neither may such
reporting be published or aired in any (3) The freeze order shall be effective for
manner or form by the mass media, twenty (20) days unless extended by the
electronic mail, or other similar devices. In Court of Appeals upon motion by the AMLC.
case of violation thereof, the concerned
officer, and employee, of the covered (4) The Court shall act on the petition to
institution, or media shall be held criminally freeze within twenty-four (24) hours from
liable. filing of the petition. If the petition is filed a
day before a nonworking day, the
Rule 9.c.5. Safe Harbor Provisions. – computation of the twenty-four (24) hour
No administrative, criminal or civil period shall exclude the nonworking days.
proceedings shall lie against any person for
having made a covered transaction report (5) A person whose account has been
or a suspicious transaction report in the frozen may file a motion to lift the freeze
regular performance of his duties and in order and the court must resolve this
good faith, whether or not such reporting motion before the expiration of the twenty
results in any criminal prosecution under (20) – day original freeze order.
this Act or any other Philippine law.
(6) No court shall issue a temporary
restraining order or a writ of injunction
SEC. 10. FREEZING OF MONETARY against any freeze order, except the
INSTRUMENT OR PROPERTY Supreme Court.
(1) Upon verified ex parte petition by the
AMLC and after determination that Rule 10.b. Definition of Probable Cause. -
probable cause exists that any monetary Probable cause includes such facts and
instrument or property is in any way related circumstances which would lead a
to any unlawful activity as defined in Rule reasonably discreet, prudent or cautious
3.h hereof or to a money laundering man to believe that an unlawful activity
offense, the Court of Appeals may issue a and/or a money laundering offense is about
freeze order on said monetary instrument to be, is being or has been committed and
or property which shall be effective that the account or any monetary
immediately. instrument or property sought to be frozen
is in any way related to said unlawful
(2) The Rule of Procedure in Cases of Civil activity and/or money laundering offense.
Forfeiture, Asset Preservation, and Freezing
of Monetary Instrument, Property, or
Proceeds representing, Involving, or
Relating to an Unlawful Activity or Money Rule 10.c. Duty of Covered Institutions
Laundering Offense under Republic Act No. upon receipt thereof. –
9160, As Amended (A.M. No. 05-11-04-SC)
shall govern the proceedings in all petitions Rule 10.c.1. Upon receipt of the notice
for freeze order instituted pursuant to R.A. of the freeze order, the covered institution
No. 9160, as amended. concerned shall immediately freeze the
monetary instrument or property and
(3) Considering the intricate and diverse related accounts subject thereof.
web of related and interlocking accounts
pertaining to the monetary instruments or Rule 10.c.2. The covered institution
shall likewise immediately furnish a copy of factor(s), the covered institution shall effect
the notice of the freeze order upon the the freezing of the related accounts,
owner or holder of the monetary monetary instruments and properties as
instrument or property or related accounts soon as practicable and shall submit a
subject thereof. supplemental return thereof to the Court of
Appeals and the AMLC within twenty-four
Rule 10.c.3. Within twenty-four (24) (24) hours from the freezing of said related
hours from receipt of the freeze order, the accounts, monetary instruments and
covered institution concerned shall submit properties.
to the Court of Appeals and the AMLC, by
personal delivery, a detailed written return Rule 10.e. Extension of the Freeze Order. -
on the freeze order, specifying all the Before the twenty (20) day period of the
pertinent and relevant information which freeze order issued by the Court of Appeals
shall include the following: expires, the AMLC may file a motion with
the same court for an extension of said
(a) the account numbers; period. Upon the timely filing of such
motion and pending resolution thereof by
(b) the names of the account owners the Court of Appeals to extend the period,
or holders; said period shall be deemed suspended and
the freeze order shall remain effective.
(c) the amount of the monetary However, the covered institution shall not
instrument, property or related accounts as lift the effects of the freeze order without
of the time they were frozen; securing official confirmation from the
AMLC.
(d) all relevant information as to the
nature of the monetary instrument or Rule 10.f. Prohibition against Issuance of
property; Freeze Orders against candidates for an
electoral office during election period. – No
(e) any information on the related assets shall be frozen to the prejudice of a
accounts pertaining to the monetary candidate for an electoral office during an
instrument or property subject of the election period within twenty-four (24)
freeze order; and hours from the freezing of said related
accounts, monetary instruments and
(f) the time when the freeze thereon properties.
took effect.
SEC. 11. AUTHORITY TO INQUIRE INTO
Rule 10.d. Upon receipt of the freeze order BANK DEPOSITS. –
issued by the Court of Appeals and upon Notwithstanding the provisions of Republic
verification by the covered institution that Act No. 1405, as amended[;], Republic Act
the related accounts originated from and/or No. 6426, as amended[;], Republic Act No.
are materially linked to the monetary 8791, and other laws, the AMLC may
instrument or property subject of the freeze inquire into or examine any particular
order, the covered institution shall freeze deposit or investment with any banking
these related accounts wherever these may institution or non-bank financial institution
be found. upon order of any competent court in cases
of violation of this Act when it has been
The return of the covered institution as established that there is probable cause
required under Rule 10.c.3 shall include the that the deposits or investments involved
fact of such freezing and an explanation as are [in any way] related to an unlawful
to the grounds for the identification of the activity as defined in Section 3(i) hereof or a
related accounts. money laundering offense under Section 4
hereof; except that no court order shall be
If the related accounts cannot be required in cases involving unlawful
determined within twenty-four (24) hours activities defined in Sections 3(i)(1), (2) and
from receipt of the freeze order due to the (12)
volume and/or complexity of the
transactions or any other justifiable
To ensure compliance with this Act, the any particular monetary instrument or
Bangko Sentral ng Pilipinas (BSP) may property cannot, with due diligence, be
inquire into or examine any deposit or located, or it has been substantially altered,
investment with any banking institution or destroyed, diminished in value or otherwise
non-bank financial institution when the rendered worthless by any act or omission,
examination is made in the course of a directly or indirectly, attributable to the
periodic or special examination, in offender, or it has been concealed,
accordance with the rules of examination of removed, converted or otherwise
the BSP. transferred to prevent the same from being
found or to avoid forfeiture thereof, or it is
SEC. 12. Forfeiture Provisions. – (a) Civil located outside the Philippines or has been
Forfeiture. – placed or brought outside the jurisdiction of
Rule 12.a. Authority to Institute Civil the court, or it has been commingled with
Forfeiture Proceedings. – The AMLC is other monetary instruments or property
authorized under Section 7 (3) of the AMLA, belonging to either the offender himself or
as amended, to institute civil forfeiture a third person or entity, thereby rendering
proceedings and all other remedial the same difficult to identify or be
proceedings through the Office of the segregated for purposes of forfeiture, the
Solicitor General. court may, instead of enforcing the order of
forfeiture of the monetary instrument or
Rule 12.b. Applicable Rule. The Rule of property or part thereof or interest therein,
Procedure in Cases of Civil Forfeiture, Asset accordingly order the offender to pay an
Preservation, and Freezing of Monetary amount equal to the value of said monetary
Instrument, Property, or Proceeds instrument or property. This provision shall
Representing, Involving, or Relating to an apply in both civil and criminal forfeiture.
Unlawful Activity or Money Laundering SEC. 13. MUTUAL ASSISTANCE AMONG
Offense under Republic Act No. 9160, as
STATES. –
Amended (A.M. No. 05-11-04-SC) shall
govern all civil forfeiture proceedings Rule 13.a. Request for Assistance from a
instituted pursuant to the AMLA, as Foreign State. - Where a foreign State
amended. makes a request for assistance in the
investigation or prosecution of a money
Rule 12.c. Claim on Forfeited Assets. - laundering offense, the AMLC may execute
Where the court has issued an order of the request or refuse to execute the same
forfeiture in a proceeding instituted and inform the foreign State of any valid
pursuant to Section 12 of the AMLA, as reason for not executing the request or for
amended, any other person claiming an delaying the execution thereof. The
interest therein may apply, by verified principles of mutuality and reciprocity shall,
petition, for a declaration that the same for this purpose, be at all times recognized.
legitimately belongs to him, and for
segregation or exclusion of the monetary Rule 13.b. Powers of the AMLC to Act on a
instrument or property corresponding Request for Assistance from a Foreign
thereto. The verified petition shall be filed State. - The AMLC may execute a request
with the court which rendered the order of for assistance from a foreign State by: (1)
forfeiture within fifteen (15) days from the tracking down, freezing, restraining and
date of finality of the order of forfeiture, in seizing assets alleged to be proceeds of any
default of which the said order shall unlawful activity under the procedures laid
become executory. down in the AMLA, as amended, and in
these Rules; (2) giving information needed
Rule 12.d. Payment in lieu of Forfeiture. - by the foreign State within the procedures
Where the court has issued an order of laid down in the AMLA, as amended, and in
forfeiture of the monetary instrument or these Rules; and (3) applying for an order of
property related to an unlawful activity forfeiture of any monetary instrument or
under Section 3 (i) of the AMLA, as property with the court: Provided, That the
amended, or a money laundering offense court shall not issue such an order unless
under Section 4 of the AMLA, as amended, the application is accompanied by an
and said order cannot be enforced because authenticated copy of the order of a court
in the requesting State ordering the Rule 13.e. Requirements for Requests for
forfeiture of said monetary instrument or Mutual Assistance from Foreign States. - A
property of a person who has been request for mutual assistance from a
convicted of a money laundering offense or foreign State must (1) confirm that an
an unlawful activity in the requesting State, investigation or prosecution is being
and a certification or an affidavit of a conducted in respect of a money launderer
competent officer of the requesting State named therein or that he has been
stating that the conviction and the order of convicted of any money laundering offense;
forfeiture are final and that no further (2) state the grounds on which any person is
appeal lies in respect of either. being investigated or prosecuted for money
laundering or the details of his conviction;
Rule 13.c. Obtaining Assistance from (3) give sufficient particulars as to the
Foreign States. - The AMLC may make a identity of said person; (4) give particulars
request to any foreign State for assistance sufficient to identify any covered institution
in (1) tracking down, freezing, restraining believed to have any information,
and seizing assets alleged to be proceeds of document, material or object which may be
any unlawful activity; (2) obtaining of assistance to the investigation or
pertinent information and documents that prosecution; (5) ask from the covered
it needs relating to any money laundering institution concerned any information,
offense or any other matter directly or document, material or object which may be
indirectly related thereto; (3) to the extent of assistance to the investigation or
allowed by the law of the foreign State, prosecution; (6) specify the manner in
applying with the proper court therein for which and to whom said information,
an order to enter any premises belonging to document, material or object obtained
or in the possession or control of, any or all pursuant to said request, is to be produced;
of the persons named in said request, (7) give all the particulars necessary for the
and/or search any or all such persons issuance by the court in the requested State
named therein and/or remove any of the writs, orders or processes needed by
document, material or object named in said the requesting State; and (8) contain such
request: Provided, That the documents other information as may assist in the
accompanying the request in support of the execution of the request.
application have been duly authenticated in
accordance with the applicable law or Rule 13.f. Authentication of Documents. -
regulation of the foreign State; and (4) For purposes of Sections 7 and 13 (f) of the
applying for an order of forfeiture of any AMLA, as amended, a document is
monetary instrument or property in the authenticated if the same is signed or
proper court in the foreign State: Provided, certified by a judge, magistrate or
That the request is accompanied by an equivalent officer in or of, the requesting
authenticated copy of the order of the State, and authenticated by the oath or
Regional Trial Court ordering the forfeiture affirmation of a witness or sealed with an
of said monetary instrument or property official or public seal of a minister, secretary
and an affidavit of the clerk of court stating of state, or officer in or of, the government
that the order of forfeiture is final and that of the requesting State, or of the person
no further appeal lies in respect of it. administering the government or a
department of the requesting territory,
Rule 13.d. Limitations on Requests for protectorate or colony. The certificate of
Mutual Assistance. - The AMLC may refuse authentication may also be made by a
to comply with any request for assistance secretary of the embassy or legation, consul
where the action sought by the request general, consul, vice consul, consular agent
contravenes any provision of the or any officer in the foreign service of the
Constitution or the execution of a request is Philippines stationed in the foreign State in
likely to prejudice the national interest of which the record is kept, and authenticated
the Philippines, unless there is a treaty by the seal of his office.
between the Philippines and the requesting
State relating to the provision of assistance Rule 13.g. Suppletory Application of the
in relation to money laundering offenses. Revised Rules of Court. –
Rule 13.g.1. For attachment of Philippines and any of said state parties in
Philippine properties in the name of the future.
persons convicted of any unlawful activity
as defined in Section 3 (i) of the AMLA, as
amended, execution and satisfaction of SEC. 14. PENAL PROVISIONS. –
final judgments of forfeiture, application for
examination of witnesses, procuring search Rule 14.a.1. Penalties under Section 4
warrants, production of bank documents (a) of the AMLA, as amended. - The
and other materials and all other actions penalty of imprisonment ranging from
not specified in the AMLA, as amended, and seven (7) to fourteen (14) years and a
these Rules, and assistance for any of the fine of not less than Three Million
aforementioned actions, which is subject of Philippine Pesos (PHP3,000,000.00) but
a request by a foreign State, resort may be not more than twice the value of the
had to the proceedings pertinent thereto monetary instrument or property
under the Revised Rules of Court. involved in the offense, shall be
imposed upon a person convicted
Rule 13.g.2. Authority to Assist the under Section 4 (a) of the AMLA, as
United Nations and other International amended.
Organizations and Foreign States. – The
AMLC is authorized under Sections 7 (8) and Rule 14.a.2. Penalties under
13 (b) and (d) of the AMLA, as amended, to Section 4 (b) of the AMLA, as
receive and take action in respect of any amended. - The penalty of
request of foreign States for assistance in imprisonment from four (4) to seven (7)
their own anti-money laundering years and a fine of not less than One
operations. It is also authorized under Million Five Hundred Thousand
Section 7 (7) of the AMLA, as amended, to Philippine Pesos (PHP1,500,000.00) but
cooperate with the National Government not more than Three Million Philippine
and/or take appropriate action in respect of Pesos (PHP3,000,000.00), shall be
conventions, resolutions and other imposed upon a person convicted
directives of the United Nations (UN), the under Section 4 (b) of the AMLA, as
UN Security Council, and other international amended.
organizations of which the Philippines is a
member. However, the AMLC may refuse to Rule 14.a.3. Penalties under
comply with any such request, convention, Section 4 (c) of the AMLA, as amended.
resolution or directive where the action - The penalty of imprisonment from six
sought therein contravenes the provision of (6) months to four (4) years or a fine of
the Constitution or the execution thereof is not less than One Hundred Thousand
likely to prejudice the national interest of Philippine Pesos (PHP100,000.00) but
the Philippines. not more than Five Hundred Thousand
Philippine Pesos (PHP500,000.00), or
Rule 13.h. Extradition. – The Philippines both, shall be imposed on a person
shall negotiate for the inclusion of money convicted under Section 4(c) of the
laundering offenses as defined under AMLA, as amended.
Section 4 of the AMLA, as amended, among
the extraditable offenses in all future Rule 14.a.4. Administrative
treaties. With respect, however, to the Sanctions. – (1) After due notice and
state parties that are signatories to the hearing, the AMLC shall, at its
United Nations Convention Against discretion, impose fines upon any
Transnational Organized Crime that was covered institution, its officers and
ratified by the Philippine Senate on October employees, or any person who violates
22, 2001, money laundering is deemed to any of the provisions of Republic Act
be included as an extraditable offense in No. 9160, as amended by Republic Act
any extradition treaty existing between said No. 9194 and Republic Act No. 10167
state parties, and the Philippines shall and rules, regulations, orders and
include money laundering as an resolutions issued pursuant thereto.
extraditable offense in every extradition The fines shall be in amounts as may be
treaty that may be concluded between the determined by the Council, taking into
consideration all the attendant AMLA, as amended.
circumstances, such as the nature and
gravity of the violation or irregularity, Rule 14.e. Refusal by a Public Official
but in no case shall such fines be less or Employee to Testify. – Any public
than One Hundred Thousand Philippine official or employee who is called upon
Pesos (PHP100,000.00) but not to to testify and refuses to do the same or
exceed Five Hundred Thousand purposely fails to testify shall suffer the
Philippine Pesos (PHP500,000.00). The same penalties prescribed herein.
imposition of the administrative
sanctions shall be without prejudice to Rule 14.f. Where Offender is a Juridical
the filing of criminal charges against the Person, Alien or Public Officer. - If the
persons responsible for the violations. offender is a corporation, association,
partnership or any other juridical
Rule 14.b. Penalties for Failure to Keep person, the penalty of imprisonment
Records - The penalty of imprisonment and/or fine shall be imposed upon the
from six (6) months to one (1) year or a responsible officers, as the case may be,
fine of not less than One Hundred who participated in, or allowed by their
Thousand Philippine Pesos gross negligence the commission of the
(PHP100,000.00) but not more than crime and the court may suspend or
Five Hundred Thousand Philippine revoke its license. If the offender is an
Pesos (PHP500,000.00), or both, shall alien, he shall, in addition to the
be imposed on a person convicted penalties herein prescribed, be
under Section 9 (b) of the AMLA, as deported without further proceedings
amended. after serving the penalties herein
prescribed. If the offender is a public
Rule 14.c. Penalties for Malicious official or employee, he shall, in
Reporting. - Any person who, with addition to the penalties prescribed
malice, or in bad faith, reports or files a herein, suffer perpetual or temporary
completely unwarranted or false absolute disqualification from office, as
information relative to money the case may be.
laundering transaction against any
person shall be subject to a penalty of [SEC. 15. PROHIBITION AGAINST
six (6) months to four (4) years POLITICAL HARRASMENT –
imprisonment and a fine of not less Rule 15.a. Prohibition against Political
than One Hundred Thousand Philippine Persecution. – The AMLA, as amended,
Pesos (PHP100, 000.00) but not more and these Rules shall not be used for
than Five Hundred Thousand Philippine political persecution or harassment or
Pesos (PHP500, 000.00), at the as an instrument to hamper
discretion of the court: Provided, That competition in trade and commerce. No
the offender is not entitled to avail the case for money laundering may be filed
benefits of the Probation Law. to the prejudice of a candidate for an
electoral office during an election
Rule 14.d. Penalties for Breach of period.
Confidentiality. – The punishment of
imprisonment ranging from three (3) to Rule 15.b. Provisional Remedies
eight (8) years and a fine of not less Application; Exception. –
than Five Hundred Thousand Philippine
Pesos (PHP500,000.00) but not more Rule 15.b.1. - The AMLC may apply,
than One Million Philippine Pesos in the course of the criminal
(PHP1,000,000.00), shall be imposed on proceedings, for provisional remedies
a person convicted for a violation under to prevent the monetary instrument or
Section 9(c) of the AMLA, as amended. property, including related accounts,
In case of a breach of confidentiality subject thereof from being removed,
that is published or reported by the concealed, converted, commingled with
media, the responsible reporter, writer, other property or otherwise to prevent
president, publisher, manager and its being found or taken by the
editor-in-chief shall be liable under the applicant or otherwise placed or taken
beyond the jurisdiction of the court. the Supervising Authorities, its
AML/CFT Program.
Rule 15.b.2. Where there is
conviction for money laundering under Every covered institution shall
Section 4 of the AMLA, as amended, the regularly update its AML/CFT Program
court shall issue a judgment of in no case longer than, at least once
forfeiture in favor of the Government of every two (2) years, to incorporate
the Philippines with respect to the changes in AML/CFT policies and
monetary instrument or property, procedures, latest trends in money
including related accounts, found to be laundering and terrorism financing
proceeds of one or more unlawful typologies, and latest pertinent
activities issuances by the Supervising
SEC. 16. RESTITUTION Authorities. Any revision or update in
Restitution for any aggrieved party shall the AML/CFT Program shall likewise be
be governed by the provisions of the approved by the Board of Directors or
New Civil Code the country/regional head or its
equivalent for local branches of foreign
SEC 17 Implementing Rules and banks/entities/companies.
Regulations and
Anti-Money Laundering/Combating Rule 17.c.2. Every covered
the Financing of Terrorism (AML/CFT) institution’s AML/CFT Program shall
Programs include detailed procedures
implementing a comprehensive,
Rule 17.a. Implementing Rules and institution-wide “know-your-client”
Regulations. – These Rules or any policy, set-up an effective dissemination
portion thereof may be revised or of information on money laundering
amended by unanimous vote of the and terrorism financing activities and
members of the AMLC. their prevention, detection and
reporting, adopt internal policies,
Rule 17.b. The BSP, the SEC and the IC procedures and controls, designate
shall issue their respective AML/CFT compliance officers at senior officer
Guidelines and Circulars to assist the level, institute adequate screening and
AMLC in effectively implementing the recruitment procedures, and set-up
provisions of the AMLA, as amended, internal audit and compliance functions
these Rules, as well as other pertinent to test the AML/CFT system.
laws and rules.
Rule 17.c.3. Covered institutions
Rule 17.c. Anti-Money shall adopt, as part of their AML/CFT
Laundering/Combating the Financing Programs, a system of flagging and
of Terrorism (AML/CFT) Programs monitoring transactions that qualify as
(AML/CFT Program). – suspicious transactions or covered
transactions. All covered institutions,
Rule 17.c.1. All covered institutions including banks insofar as non-deposit
shall formulate and implement their and non-government bond investment
AML/CFT Programs in accordance with transactions are concerned, shall
Section 9 and other pertinent incorporate in their AML.CFT Programs
provisions of the AMLA, as amended, the provisions of these Rules and such
these Rules, and AML/CFT Guidelines other guidelines for reporting to the
and Circulars issued by the Supervising AMLC of all transactions that engender
Authorities including, but not limited to, the reasonable belief that a money
information dissemination on money laundering offense is about to be, is
laundering and terrorism financing being, or has been committed.
activities and their prevention,
detection and reporting, and the Rule 17.d. Training of Personnel. -
training of their responsible personnel. Covered institutions shall provide all
Every covered institution shall make their responsible officers and personnel
available, upon request by the AMLC or with efficient and effective training and
continuing education programs to the relevant provisions of Republic Act
enable them to fully comply with all No. 1405, as amended; Republic Act No.
their obligations under the AMLA, as 6426, as amended; Republic Act No.
amended, and these Rules. 8791, as amended, and other similar
laws, as are inconsistent with the
SEC 18 AMLA, as amended, are hereby
Appropriations For and Budget of the repealed, amended or modified
AMLC accordingly; Provided, that the penal
provisions shall not apply to acts done
Rule 18.a. Budget. – The annual budget prior to the effectivity of the AMLA on
appropriated by Congress for the AMLC October 17, 2001.
in the General Appropriations Act shall
be used to defray the capital, SEC 21
maintenance and operational expenses Effectivity of the Rules
of the AMLC.
Rule 22. Effectivity. – These Rules shall
Rule 18.b. Costs and Expenses. - The take effect fifteen (15) days after
budget shall answer for indemnification complete publication in the Official
for legal costs and expenses reasonably Gazette or in a newspaper of general
incurred for the services of external circulation.
counsel in connection with any civil,
criminal or administrative action, suit or
proceeding to which members of the
AMLC and the Executive Director and
other members of the Secretariat may
be made a party by reason of the
performance of their functions or
duties. The costs and expenses incurred
in defending the aforementioned
action, suit or proceeding may be paid
by the AMLC in advance of the final
disposition of such action, suit or
proceeding upon receipt of an
undertaking by or on behalf of the
member to repay the amount advanced
should it be ultimately determined that
said member is not entitled to such
indemnification.

SEC 19
Separability Clause

Rule 19. Separability Clause. – If any


provision of these Rules or the
application thereof to any person or
circumstance is held to be invalid, the
other provisions of these Rules, and the
application of such provision or Rule to
other persons or circumstances, shall
not be affected thereby.

SEC 20
Repealing Clause

Rule 20. Repealing Clause. – All laws,


decrees, executive orders, rules and
regulations or parts thereof, including

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