Implementing RR's

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REVISED IMPLEMENTING RULES AND REGULATIONS (RIRRs)

OF REPUBLIC ACT NO.9160 (THE ANTI-MONEY LAUNDERING ACT OF 2001) (AMLA) ASAMENDED BY REPUBLIC ACT NO.919! (200") REPUBLIC ACT NO. 1016# (2012)

AND REPUBLIC ACT NO. 10"6$ (201")

RULE I - TITLE AND PURPOSE

Section 1. Short Title and Purpose.

a) These Rules shall be known and cited as the “201" R%&'s% I*+%%,', R/+%s ,R%/+',s R%*/3+'4 A4 N. 9160 s %,%”.

b) These Rules are promulgated to prescribe the procedures and guidelines for theimplementation of the A!A" as amended.

RULE II - DECLARATION OF POLICY

S%4', 2. D%4+5', P+'4.#$t is hereb% declared the polic% of the State to protect and preser&ethe integrit% and confidentialit% of bank accounts and to ensure that the Philippines shall not be usedas a mone% laundering site for the proceeds of an% unlawful acti&it%. 'onsistent with its foreign polic%"

the Philippines shall e(tend cooperation in transnational in&estigations and prosecutions of personsin&ol&ed in mone% laundering acti&ities where&er committed.

RULE III - DEFINITION OF TERMS

S%4', ". D%','',s.# or purposes of these Rules" the following terms are hereb% defined asfollows*

3.1. 7C&%5% *%5s,s8 natural or +uridical" refer to*

".1.1. ,anks" offshore banking units" -uasi#banks" trust entities" non#stock sa&ings andloan associations" pawnshops" foreign e(change dealers" mone% changers" mone%

remittance or transfer companies" electronic mone% issuers and all other persons andentities super&ised or regulated b% the ,SP" including their subsidiaries and affiliates.(a)

a) A subsidiar% means an entit% more than /0 of the outstanding &oting stock of which is owned b% a bank" -uasi#bank" trust entit% or an% other institution beingsuper&ised and regulated b% the ,SP.

b) An affiliate means an entit% at least twent% percent 2/0) but not e(ceeding fift%percent /0) of the outstanding &oting stock of which is owned b% a bank" -uasi#bank" trust entit% or an% other institution being super&ised and regulated b% ,SP.

".1.2. $nsurance companies insurance agents" insurance brokers" professional reinsurers"reinsurance brokers" holding companies" holding compan% s%stems" pre#needcompanies" mutual benefit associations and all other persons and entities super&isedand regulated b% the $nsurance 'ommission $').

a) $nsurance compan% shall include all partnerships" associations" cooperati&es or corporations" including go&ernment#owned or #controlled corporations or entities"engaged as principals in the insurance business" e(cepting mutual benefitassociations. 3nless the conte(t otherwise re-uires" the term shall also includeprofessional reinsurers defined in Section 244 of Republic Act 5o. 1/6/7"otherwise known as “The $nsurance 'ode”. Domestic company shall includecompanies formed" organi8ed or e(isting under the laws of the Philippines.Foreign company when used without limitation shall include companies formed"

organi8ed" or e(isting under an% laws other than those of the Philippines. Sec.19/" R.A. 5o. 1/6/7)

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b) An insurance agent includes an% person who for compensation solicits or obtainsinsurance on behalf of an% insurance compan% or transmits for a person other than himself an application for a polic% or contract of insurance to or from suchcompan% or offers or assumes to act in the negotiation of such insurance.

c) An insurance broker includes an% person who for an% compensation" commissionor other thing of &alue acts or aids in an% manner in soliciting" negotiating or procuring the making of an% insurance contract or in placing risk or taking outinsurance" on behalf of an insured other than himself.

d) A professional reinsurer includes an% entit% that transacts solel% and e(clusi&el%reinsurance business in the Philippines" whether domestic or foreign compan%. Acontract of reinsurance is one b% which an insurer procures a third person toinsure him against loss or liabilit% b% reason of such original insurance.

e) A reinsurance broker is one who" for compensation" not being a dul% authori8edagent" emplo%ee or officer of an insurer in which an% reinsurance is effected" actsor aids in an% manner in negotiating contracts of reinsurance" or placing risks of effecting reinsurance" for an% insurance compan% authori8ed to do business inthe Philippines.

f) A holding compan% includes an% person who directl% or indirectl% controls an%authori8ed insurer.

g) A holding compan% s%stem includes a holding compan% together with itscontrolled insurers and controlled persons.

h) A “pre#need compan%” refers to an% corporation registered with the 'ommissionand authori8ed:licensed to sell or offer to sell pre#need plans. The term “pre#need compan%” also refers to schools" memorial chapels" banks" non#bankfinancial institutions and other entities which ha&e also been authori8ed:licensedto sell or offer to sell pre#need plans insofar as their pre#need acti&ities or business are concerned. “Pre#need plans” are contracts" agreements" deeds or plans for the benefit of the plan holders which pro&ide for the performance of future ser&ice:s" pa%ment of monetar% considerations or deli&er% of other benefitsat the time of actual need or agreed maturit% date" as specified therein" ine(change for cash or installment amounts with or without interest or insuranceco&erage and includes life" pension" education" interment and other plans"instruments" contracts or deeds as ma% in the future be determined b% the

'ommission.i) utual ,enefit Association refers to an% societ%" association or corporation"without capital stock" formed or organi8ed not for profit but mainl% for the purposeof pa%ing sick benefits to members" or of furnishing financial support to memberswhile out of emplo%ment" or of pa%ing to relati&es of deceased members of fi(edor an% sum of mone%" irrespecti&e of whether such aim or purpose is carried outb% means of fi(ed dues or assessments collected regularl% from the members" or of pro&iding" b% the issuance of certificates of insurance" pa%ment of its membersof accident or life insurance benefits out of such fi(ed and regular dues or assessments" but in no case shall include an% societ%" association" or corporationwith such mutual benefit features and which shall be carried out purel% from&oluntar% contributions collected not regularl% and or no fi(ed amount fromwhomsoe&er ma% contribute.

".1.". The following 'o&ered Persons under the super&ision and regulation of the Securitiesand ;(change 'ommission S;')*

a) Securities brokers" dealers" salesmen" Associated Person of a ,roker or


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>. An Associated Person of a ,roker or


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".1.6. 'ompan% ser&ice pro&iders which" as a business" pro&ide an% of the followingser&ices to third parties*

a) acting as a formation agent of +uridical persons@

b) acting as or arranging for another person to act as) a director or corporate secretar%of a compan%" a partner of a partnership" or a similar position in relation to other +uridical persons@

c) pro&iding a registered office@ business address or accommodation" correspondenceor administrati&e address for a compan%" a partnership or an% other legal person or arrangement@ and

d) acting as or arranging for another person to act as) a nominee shareholder for another person. (n)

".1.#. Persons who pro&ide an% of the following ser&ices other than those super&ised andregulated b% the ,SP" S;' and $'*

a) anaging of client mone%" securities or other assets@

b) anagement of bank" sa&ings or securities accounts@

c) Brgani8ation of contributions for the creation" operation or management of

companies@ andd) 'reation" operation or management of +uridical persons or arrangements" and

bu%ing and selling business entities.

5otwithstanding the foregoing" the term “co&ered persons” shall e(clude law%ers andaccountants acting as independent legal professionals in relation to informationconcerning their clients or where disclosure of information would compromise clientconfidences or the attorne%#client relationship* Pro&ided" that these law%ers andaccountants are authori8ed to practice in the Philippines and shall continue to besub+ect to the pro&isions of their respecti&e codes of conduct and:or professionalresponsibilit% or an% of its amendments. n)

“$ndependent legal professional” are law%ers and accountants working in a pri&atefirm or sole practitioner who b% wa% of business pro&ides purel% legal or notarialser&ices to their clients.

3.2. 7C/s%58 refers to an% person or entit% that keeps an account" or otherwise transactsbusiness" with a co&ered person" and an% person or entit% on whose behalf an account ismaintained or a transaction is conducted" as well as the beneficiar% of said transactions. Acustomer also includes the following* i) beneficiar% of a trust" an in&estment fund or apension fund@ ii) a compan% or person whose assets are managed b% an asset manager@ iii)a grantor of a trust@ and i&) an% insurance polic% holder" whether actual or prospecti&e.

3.3. 7B%,%'4'+ ,%58 shall mean an% natural person who ultimatel% owns or controls thecustomer and:or an% natural person on whose behalf a transaction or acti&it% is being

conducted. $t also includes those persons who e(ercise ultimate effecti&e control o&er alegal person or arrangement.

".".1. “3ltimate effecti&e control” refers to situations in whichownership:control is e(ercised through actual or a chain of ownership or b% means of control other than direct control.

3.4. 7P+''4++ E:*s% P%5s,s8 (PEPs) refer to*

a) 7D%s'4 PEPs8 # indi&iduals who are or ha&e been entrusted domesticall% withprominent public functions or positions with substantial authorit% o&er polic%"

operations or the use or allocation of go&ernment#owned resources" such as butnot limited to" head of state" senior politicians" senior go&ernment" e(ecuti&e"

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legislati&e" +udicial or militar% officials" senior e(ecuti&es of ?B''s" and importantpolitical part% officials@

b) 7F5%', PEPs8 - indi&iduals who are or ha&e been entrusted with prominentpublic functions b% a foreign countr%" such as but not limited to" heads of state or of go&ernment" senior politicians" senior go&ernment" +udicial or militar% officials"senior e(ecuti&es of go&ernment owned or controlled corporations ?B''s)"important political part% officials@ and

c) 7I,%5,',+ O5,';', PEPs8 # indi&iduals who are or ha&e been

entrusted with a prominent function b% an international organi8ation or membersof senior management or indi&iduals who ha&e been entrusted with e-ui&alentfunctions" such as but not limited to" directors" deput% directors and members of the board or e-ui&alent functions. (n)

".!.1. 7F'+ %3%5s PEPs8 refers to immediate famil% members of a P;P" whichshall include the following*

a) Spouse:partner@

b) 'hildren and their spouses@ and

c) Parents and Parents#in#law. (n)

3.5. 7M,%5 I,s5/%,8 shall include" but not limited to the following*

a) 'oins or currenc% of legal tender of the Philippines" or of an% other countr%@

b) 'redit instruments" including bank deposits" financial interest" ro%alties"commissions and other intangible propert%@ (n)

c)


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3.9. 7P5*%58 refers to an%thing or item of &alue" tangible or intangible" or an% interest therein"an% benefit" pri&ilege" claim or other right with respect thereto" which include" but not limitedto # the following*

a) Personal propert%" including proceeds deri&ed therefrom" traceable to an% unlawfulacti&it%" which includes" but is not limited to*

(i) 'ash@

(ii) ewelr%" precious metals" precious stones" and other similar items@

(iii) Dorks of art such as paintings" sculptures" anti-ues" treasures" and other similar precious ob+ects@

(iv)Perishable goods@ and

(v) Cehicles" &essels or aircraft" or an% other similar con&e%ance.

b) Personal propert%" used as instrumentalities in the commission of an% unlawfulacti&it% such as*

(i)


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(vi) All accounts or monetar% instruments under the name of the immediate famil%or household members of the person whose accounts" monetar% instrumentsor properties are the sub+ect of the free8e order if the amount or &aluein&ol&ed is not commensurate with the business or financial capacit% of thesaid famil% or household member.

7I%'% '+ %3%5s” includes the spouse:partner" parents" parents#in#law" children and their spouses. 7H/s%=+ %3%5s8 shall refer to

persons other than members of the immediate famil%" who li&e in the samehouse" including but not limited to" famil% dri&er:s and house helper:s@ n)

(vii) All accounts of corporate or +uridical entities the beneficial owner of which isthe sub+ect of the free8e order.

(viii) All shares or units in an% in&estment accounts and:or pooled funds of theperson whose accounts" monetar% instruments or properties are sub+ect of the free8e order@ and

(ix) All other accounts" shares" units or monetar% instruments that are similar"analogous or identical to an% of the foregoing.

3.11. 7S/*%5&'s', A/=5'8 (SA) refers to the ,SP" the S;'" the $'" and the rele&antregulator% bodies of the


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e) an% circumstance relating to the transaction which is obser&ed to de&iate from theprofile of the client and:or the clientEs past transactions with the co&ered person@

f) the transaction is in an% wa% related to an unlawful acti&it% or an% mone%laundering acti&it% or offense" is being or has been committed@

g) an% transaction that is similar" analogous or identical to an% of the foregoing.

3.13. 7U,+/+ 4'&'8 refers to an% act or omission or series or combination thereof in&ol&ingor ha&ing direct relation" to the following*

1. Fidnapping for ransom under Article 267 of Act 5o. =41" otherwise known as theRe&ised Penal 'ode" as amended@

2. Sections >" " 6" 4" 9" 1/" 11" 12"1=" 1>" 1 and 16 of Republic Act 5o. 916"otherwise known as the 'omprehensi&e


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f) " 29" 296" 299" =//" =/1 and =/2 of theRe&ised Penal 'ode" as amended@

a) Robber% with &iolence against or intimidation of persons@

b) Robber% with ph%sical in+uries" committed in an uninhabited place and b% a band"or with use of firearm on a street" road or alle%@

c) Robber% in an inhabited house or public building or edifice de&oted to worship@

d) Robber% in an uninhabited place and b% a band@e) Robber% in an uninhabited place or in a pri&ate building@

6. ueteng and asiao punished as illegal gambling under Presidential


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be totall% or partiall% guaranteed b% a bond@ or b% den%ing ha&ing recei&edsuch mone%" goods" or other propert%@

(iii) taking undue ad&antage of the signature of the offended part% in blank" andb% writing an% document abo&e such signature in blank" to the pre+udice of the offended part% or of an% third person@

b) ;stafa b% means of an% of the following false pretenses or fraudulent actse(ecuted prior to or simultaneousl% with the commission of the fraud b%*

(i) using a fictitious name" or falsel% pretending to possess power" influence"

-ualifications" propert%" credit" agenc%" business or imaginar% transactions"or b% means of other similar deceits@

(ii) altering the -ualit%" fineness or weight of an%thing pertaining to his art or business@

(iii) pretending to ha&e bribed an% ?o&ernment emplo%ee@

(iv) postdating a check" or issuing a check in pa%ment of an obligation whenthe offender has no funds in the bank" or his funds deposited therein werenot sufficient to co&er the amount of the check@

(v) inducing another" b% means of deceit" to sign an% document@

(vi) resorting to some fraudulent practice to ensure success in a gamblinggame@

(vii) remo&ing" concealing or destro%ing" in whole or in part" an% court record"

office files" document or an% other papers@c) 'on&e%ing" selling" encumbering or mortgaging an% real propert%" pretending to

be the owner of the same@

d) and under Republic Act 5o. 19=7" asamended" otherwise known as the Tariff and 'ustoms 'ode of the Philippines*

a) 3nlawful importation # raudulentl% importing or bringing into the Philippines" or assisting in so doing" an% article" contrar% to law" or recei&ing" concealing" bu%ing"selling or in an% manner facilitating the transportation" concealment or sale of such article after importation" knowing the same to ha&e been imported contrar%to law@ and

b) Carious fraudulent practices against customs re&enue # aking or attempting tomake an% entr% of imported or e(ported article b% means of an% false or fraudulent in&oice" declaration" affida&it" letter" paper" or b% means of an% false

statement" written or &erbal" or b% means of an% false or fraudulent practicewhatsoe&er" or an% willful act or omission b% means whereof the ?o&ernment of the Republic of the Philippines might be depri&ed of the lawful duties" ta(es andother charges" or an% portion thereof" accruing from the article or an% portionthereof" embraced or referred to in such in&oice" declaration" affida&it" letter"paper" or statement" or affected b% such act or omission.

11. Ciolations under Republic Act 5o. 4792" otherwise known as the ;lectronic'ommerce Act of 2///*

a) Hacking or cracking" which refers to*

(i) unauthori8ed access into or interference in a computer s%stem:ser&er or information and communication s%stem@

(ii) an% access in order to corrupt" alter" steal" or destro% using a computer or other similar information and communication de&ices" information and

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communications s%stem" including the knowledge and consent of the owner of the computer@ or

(iii) the introduction of computer &iruses and the like" resulting in the corruption"destruction" alteration" theft or loss of electronic data messages or electronicdocument@

b) Pirac%" which refers to*

(i) the unauthori8ed cop%ing" reproduction@

(ii) the unauthori8ed dissemination" distribution@

(iii) the unauthori8ed importation@

(iv) the unauthori8ed use" remo&al" alteration" substitution" modification@

(v) the unauthori8ed storage" uploading" downloading" communication" makinga&ailable to the public" or

(vi) the unauthori8ed broadcasting of protected material" electronic signature or cop%righted works including legall% protected sound recordings or phonograms or information material on protected works" through the use of telecommunication networks" such as" but not limited to" the internet" in amanner that infringes intellectual propert% rights@

c) Ciolations under Republic Act 5o. 7=9>" otherwise known as The 'onsumer Actof the Philippines and other rele&ant or pertinent laws through transactionsco&ered b% or using electronic data messages or electronic documents.

12. Hi+acking and other &iolations under Republic Act 5o. 62=" otherwise known as the Anti#Hi+acking !aw@ destructi&e arson and murder" as defined under the Re&isedPenal 'ode" as amended*

a) Ciolations of RA 5o. 62= #

(i) 'ompelling a change in the course or destination of an aircraft of Philippineregistr%" or to sei8e or usurp the control thereof" while it is in flight@

(ii) 'ompelling an aircraft of foreign registr% to land in Philippine territor%" or tosei8e or usurp the control thereof while it is within the said territor%@

(iii) Shipping" loading or carr%ing in an% passenger aircraft operating as a publicutilit% within the Philippines an% e(plosi&e" flammable" corrosi&e or poisonous

substances or material@

b) of Republic Act 5o. 9=72*

a) Terrorism I an act punishable under an% of the following pro&isions of the

Re&ised Penal 'ode*

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(i) Ciolations of Article 122 Pirac% in ?eneral and utin% in the High Seas or in the Philippine Daters)

(ii) Ciolation of Article 1=> Rebellion or $nsurrection)

(iii) Ciolation of Article 1=>#a 'oup dE;tat)" including acts committed b% pri&atepersons

(iv) Ciolations of Article 2>4 urder)

(v) Ciolation of Article 267 Fidnapping and Serious $llegal 'rimes $n&ol&ing


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(i) Agreeing to perform an act constituting a crime" in connection with theperformance of his official duties" in consideration of an% offer" promise" gift or present recei&ed b% such officer" personall% or through the mediation of another@

(ii) Accepting gifts offered to him b% reason of his office@

(iii) Refraining from arresting or prosecuting an offender who has committed acrime punishable b% reclusion perpetua and:or death in consideration of an%offer" promise" gift or present@

b) An% person commits corruption of public officials b% offering or promising or gi&ing the gifts or presents referred to in Articles 21/" 211 and 211#A of theRe&ised Penal 'ode@

16. rauds and $llegal ;(actions and Transactions under Articles 21=" 21>" 21 and 216of the Re&ised Penal 'ode" as amended*

a) rauds committed b% an% public officer against the public treasur% and similar offenses b%*

(i) ;ntering into an agreement with an% interested part% or speculator or makinguse of an% other scheme" to defraud the ?o&ernment committed b% a publicofficial in his official capacit% in dealing with an% person with regard to

furnishing supplies" the making of contracts" or the ad+ustment or settlementof accounts relating to public propert% or funds@

(ii) ,eing entrusted with the collection of ta(es" licenses" fees" and other imposts*

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depositor% of funds or propert% attached" sei8ed or deposited b% public authorit%"e&en if such propert% belongs to a pri&ate indi&idual.

14. orgeries and 'ounterfeiting under Articles 16=" 166" 167" 164" 169 and 176 of theRe&ised Penal 'ode" as amended*

a) aking and importing and uttering false coins@

b) orging treasur% or bank notes on other documents pa%able to bearer@ importing

and uttering such false or forged notes and documents@c) 'ounterfeiting" importing and uttering instruments not pa%able to bearer@

d) $llegal possession and use of false treasur% or bank notes and other instrumentsof credit@

e) orger% b% gi&ing to a treasur% or bank note or an% instrument pa%able to bearer or to order mentioned therein" the appearance of a true and genuine document@

f) orger% b% erasing" substituting" counterfeiting or altering b% an% means thefigures" letters" words or signs contained therein@

g) anufacturing and possession of instruments or implements for falsification@

19. Ciolations of Sections > to 6 of Republic Act 5o. 92/4" otherwise known as the Anti#Trafficking in Persons Act of 2//=*

a) Recruiting" transporting" transferring" harboring" pro&iding or recei&ing a personb% an% means" including those done under the prete(t of domestic or o&erseasemplo%ment or training or apprenticeship" for the purpose of prostitution"pornograph%" se(ual e(ploitation" forced labor" sla&er%" in&oluntar% ser&itude or debt bondage@

b) $ntroducing or matching for mone%" profit or material" economic or other consideration" an% person or" as pro&ided for under Republic Act 5o. 69" an%ilipino woman to a foreign national" for marriage for the purpose of ac-uiring"bu%ing" offering" selling or trading him:her to engage in prostitution" pornograph%"se(ual e(ploitation" forced labor" sla&er%" in&oluntar% ser&itude or debt bondage@

c) Bffering or contracting marriage" real or simulated" for the purpose of ac-uiring"bu%ing" offering" selling or trading them to engage in prostitution" pornograph%"se(ual e(ploitation" forced labor or sla&er%" in&oluntar% ser&itude or debtbondage@

d) 3ndertaking or organi8ing tours and tra&el plans consisting of tourism packagesor acti&ities for the purpose of utili8ing and offering persons for prostitution"pornograph% or se(ual e(ploitation@

e) aintaining or hiring a person to engage in prostitution or pornograph%@

f) Adopting or facilitating the adoption of persons for the purpose of prostitution"pornograph%" se(ual e(ploitation" forced labor" sla&er%" in&oluntar% ser&itude or debt bondage@

g) Recruiting" hiring" adopting" transporting or abducting a person" b% means of threat or use of force" fraud" deceit" &iolence" coercion" or intimidation for thepurpose of remo&al or sale of organs of said person@

h) Recruiting" transporting or adopting a child to engage in armed acti&ities in thePhilippines or abroad@

i) Fnowingl% leasing or subleasing" using or allowing to be used an% house" buildingor establishment for the purpose of promoting trafficking in persons@

+) Producing" printing and issuing or distributing unissued" tampered or fakecounseling certificates" registration stickers and certificates of an% go&ernmentagenc% which issues these certificates and stickers as proof of compliance withgo&ernment regulator% and pre#departure re-uirements for the purpose of promoting trafficking in persons@

k) Ad&ertising" publishing" printing" broadcasting or distributing" or causing thead&ertisement" publication" printing" broadcasting or distribution b% an% means"including the use of information technolog% and the internet" of an% brochure"fl%er" or an% propaganda material that promotes trafficking in persons@

l) Assisting in the conduct of misrepresentation or fraud for purposes of facilitatingthe ac-uisition of clearances and necessar% e(it documents from go&ernment

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agencies that are mandated to pro&ide pre#departure registration and ser&ices for departing persons for the purpose of promoting trafficking in persons@

m) acilitating" assisting or helping in the e(it and entr% of persons from :to thecountr% at international and local airports" territorial boundaries and seaports whoare in possession of unissued" tampered or fraudulent tra&el documents for thepurpose of promoting trafficking in persons@

n) 'onfiscating" concealing" or destro%ing the passport" tra&el documents" or personal documents or belongings of trafficked persons in furtherance of

trafficking or to pre&ent them from lea&ing the countr% or seeking redress from thego&ernment or appropriate agencies@

o) Fnowingl% benefitting from" financial or otherwise" or making use of" the labor or ser&ices of a person held to a condition of in&oluntar% ser&itude" forced labor" or sla&er%@ and

p) Gualified trafficking in persons@

2/. Ciolations of Sections 74 to 79 of 'hapter $C of Presidential 2" otherwise knownas the Philippine ining Act of 199*

a) Fnowingl% presenting an% false application" declaration or e&idence to the?o&ernment or publishing or causing to be published an% prospectus or other

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information containing an% false statement relating to mines" mining operations or mineral agreements" financial or technical assistance agreements and permits@

b) $llegal e(ploration@

c) Theft of minerals@

d) . Ciolations of Section 7b) of Republic Act 5o. 9/72" otherwise known as the 5ational'a&es and 'a&e Resources anagement Protection Act*

a) ?athering" collecting" possessing" consuming" selling" bartering or e(changing or offering for sale without authorit% an% ca&e resources@

2. Ciolation of Republic Act 5o. 6=9" otherwise known as the Anti#'arnapping Act of 2//2" as amended*

a) Taking" with intent to gain" of a motor &ehicle belonging to another without thelatterEs consent" or b% means of &iolence against or intimidation of persons" or b%using force upon things@

26. Ciolation of Sections 1" =" and 1 of Presidential


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anufacture"


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period of the e(piration of the same without the appro&al of the


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d) Possessing an% form of child pornograph% with the intent to sell" distribute"publish" or broadcast@

e) Fnowingl%" willfull% and intentionall% pro&iding a &enue for the commission of prohibited acts as" but not limited to" dens" pri&ate rooms" cubicles" cinemas"houses or in establishments purporting to be a legitimate business@

f) or film distributors" theaters and telecommunication companies" b% themsel&esor in cooperation with other entities" distributing an% form of child pornograph%@

g) or a parent" legal guardian or person ha&ing custod% or control of a child to

knowingl% permit the child to engage" participate or assist in an% form of childpornograph%@

h) ;ngaging in the luring or grooming of a child@

i) ;ngaging in pandering of an% form of child pornograph%@

+) Dillfull% accessing an% form of child pornograph%@

k) 'onspiring to commit an% of the prohibited acts of child pornograph%@ and

l) Possessing an% form of child pornograph%@

=2. Ciolations of Sections " 7" 4" 9" 1/ c)" d) and e)" 11" 12 and 1> of Republic Act 5o.761/" otherwise known as the Special Protection of 'hildren Against Abuse";(ploitation and


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c) anipulation of securit% prices b% creating a false or misleading appearance of acti&e trading in an% listed securit% traded in an ;(change or an% other tradingmarket@

d) anipulation of securit% prices b% effecting" alone or with others" a series of transactions in securities that raises their prices to induce the purchase of asecurit%" whether of the same or different class" of the same issuer or of acontrolling" controlled or commonl% controlled compan% b% others@

e) anipulation of securit% prices b% effecting" alone or with others" a series of

transactions in securities that depresses their price to induce the sale of asecurit%" whether of the same or different class" of the same issuer or of acontrolling" controlled or commonl% controlled compan% b% others@

f) anipulation of securit% prices b% effecting" alone or with others" a series of transactions in securities that creates acti&e trading to induce such a purchase or sale though manipulati&e de&ices such as marking the close" painting the tape"s-uee8ing the float" h%pe and dump" boiler room operations and such other similar de&ices@

g) anipulation of securit% prices b% circulating or disseminating information that theprice of an% securit% listed in an ;(change will or is likel% to rise or fall because of manipulati&e market operations of an% one or more persons conducted for thepurpose of raising or depressing the price of the securit% for the purpose of inducing the purchase or sale of such securit%@

h) anipulation of securit% prices b% making false or misleading statements withrespect to an% material fact" which he knew or had reasonable ground to belie&ewas so false and misleading" for the purpose of inducing the purchase or sale of an% securit% listed or traded in an ;(change@

i) anipulation of securit% prices b% effecting" alone or with others" an% series of transactions for the purchase and:or sale of an% securit% traded in an ;(changefor the purpose of pegging" fi(ing or stabili8ing the price of such securit%" unlessotherwise allowed b% the Securities Regulation 'ode or b% the rules of the S;'@

+) Sale or purchase of an% securit% using an% manipulati&e decepti&e de&ice or contri&ance@

k) ;(ecution of short sales or stop#loss order in connection with the purchase or sale of an% securit% not in accordance with such rules and regulations as the S;'

ma% prescribe as necessar% and appropriate in the public interest or theprotection of the in&estors@

l) ;mplo%ment of an% de&ice" scheme or artifice to defraud in connection with thepurchase and sale of an% securities@

m) Bbtaining mone% or propert% in connection with the purchase and sale of an%securit% b% means of an% untrue statement of a material fact or an% omission tostate a material fact necessar% in order to make the statements made" in the lightof the circumstances under which the% were made" not misleading@

n) ;ngaging in an% act" transaction" practice or course of action in the sale andpurchase of an% securit% which operates or would operate as a fraud or deceitupon an% person@

o) $nsider trading@

p) ;ngaging in the business of bu%ing and selling securities in the Philippines as a

broker or dealer" or acting as a salesman" or an associated person of an% broker or dealer without an% registration from the 'ommission@

-) ;mplo%ment b% a broker or dealer of an% salesman or associated person or b% anissuer of an% salesman" not registered with the S;'@

r) ;ffecting an% transaction in an% securit%" or reporting such transaction" in an;(change or using the facilit% of an ;(change which is not registered with theS;'@

s) aking use of the facilit% of a clearing agenc% which is not registered with theS;'@

t) Ciolations of margin re-uirements@

u) Ciolations on the restrictions on borrowings b% members" brokers and dealers@

&) Aiding and Abetting in an% &iolations of the Securities Regulation 'ode@

w) Hindering" obstructing or dela%ing the filing of an% document re-uired under theSecurities Regulation 'ode or the rules and regulations of the S;'@

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() Ciolations of an% of the pro&isions of the implementing rules and regulations of the S;'@

%) An% other &iolations of an% of the pro&isions of the Securities Regulation 'ode@

=>. elonies or offenses of a similar nature to the aforementioned unlawful acti&ities thatare punishable under the penal laws of other countries.

$n determining whether or not a felon% or offense punishable under the penal laws of

other countries is “of a similar nature”" as to constitute an unlawful acti&it% under the A!A" as amended" the nomenclature of said felon% or offense need not be identical toan% of the unlawful acti&ities listed under Section =.1=.

RULE IV - MONEY LAUNDERING

S%4', !.M,% L/,%5', O%,s%. I one% laundering is committed b% an% person who"knowing that an% monetar% instrument or propert% represents" in&ol&es" or relates to the proceeds of an% unlawful acti&it%*

a) transacts said monetar% instrument or propert%@

b) con&erts" transfers" disposes of" mo&es" ac-uires" possesses or uses said monetar%

instrument or propert%@c) conceals or disguises the true nature" source" location" disposition" mo&ement or

ownership of or rights with respect to said monetar% instrument or propert%@

d) attempts or conspires to commit mone% laundering offenses referred to in paragraphsa)" b) or c)@

e) aids" abets" assists in or counsels the commission of the mone% laundering offensesreferred to in paragraphs a)" b) or c) abo&e@ and

f) performs or fails to perform an% act as a result of which he facilitates the offense of mone% laundering referred to in paragraphs a)" b) or c) abo&e.

one% laundering is also committed b% an% co&ered person who" knowing that a co&ered or suspicious transaction is re-uired under the A!A" as amended" to be reported to the Anti#one%

!aundering 'ouncil A!')" fails to do so. (a)

RULE V- >URISDICTION

S%4', $. >/5's'4', ', M,% L/,%5', Cs%s. -

The Regional Trial 'ourts shall ha&e the +urisdiction to tr% all cases on mone% laundering. Thosecommitted b% public officers and pri&ate persons who are in conspirac% with such public officers shallbe under the +urisdiction of the Sandiganba%an.

RULE VI ? PROSECUTION

Section 6. Prosecution of one% !aundering.

6.1. P5'%s , P54%%',s -

a) An% person ma% be charged with and con&icted of both the offense of mone%laundering and the unlawful acti&it% as defined under Section =.i of the A!A" asamended.

b) The prosecution of an% offense or &iolation under the A!A" as amended" shall

proceed independentl% of an% proceeding relating to the unlawful acti&it%. n)

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6.2. C*+', 5 ,% +/,%5', -Dhen the A!' finds" after in&estigation" that there isprobable cause to charge an% person with a mone% laundering offense under Section > of the A!A" as amended" it shall cause a complaint to be filed" pursuant to Section 7 >) of the A!A" as amended" before the


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in&ol&ing" or related to" directl% or indirectl%" in an% manner or b% an% means" theproceeds of an% unlawful acti&it%@

=) to in&estigate suspicious transactions and co&ered transactions deemed suspiciousafter an in&estigation b% the A!'" mone% laundering acti&ities and other &iolationsof the A!A" as amended. $n the conduct of its in&estigation" the A!' ma%*

(i) access all necessar% documents and information" e(cept in cases where acourt order is necessar% for the conduct of in-uir% into or e(amination of transactions" deposits or in&estments" including the related accounts@

(ii) take witness statements@ (n)(iii) use a wide range of in&estigati&e techni-ues suitable for the in&estigation of

mone% laundering and other &iolations of the A!A" as amended@ and(n)

(iv) re-uest rele&ant documents and information from domestic go&ernmentagencies" foreign states" its financial intelligence unit" law enforcementagenc%:ies" and financial regulators" or the 3nited 5ations and other international organi8ations or entities.

>) to file with the 'ourt of Appeals" e(#parte" through the Bffice of the Solicitor ?eneral*

(i) a petition for the free8ing of an% monetar% instrument or propert% that is in an%wa% related to an unlawful acti&it% as defined in Section =.1= hereof@n)

(ii) an application for authorit% to in-uire into or e(amine an% particular deposit or

in&estment" including related accounts" with an% banking institution or non#bankfinancial institution@

) to institute ci&il forfeiture proceedings and all other remedial proceedings throughthe Bffice of the Solicitor ?eneral@

6) to file complaints with the


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of i&e hundred thousand pesos P//"///.//) within fifteen 1) da%s from thedate of registration of the transaction" in a form to be prescribed b% the A!'. The A!' ma% also re-uire the !and Registration Authorit% and all its Registries of


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&erif%ing the true identit% of their clients and" in case of corporate clients" re-uire a s%stemof &erif%ing their legal e(istence and organi8ational structure" as well as the authorit% andidentification of all persons purporting to act on their behalf. 'o&ered persons shallestablish appropriate s%stems and methods based on internationall% compliant standardsand ade-uate internal controls for &erif%ing and recording the true and full identit% of their customers. (Rule 9.a.1, Old Rules)

9.1.1. P5='3'', ',s *%,', A44/,s '=/ F4%--4% C,4. 5o

new account shall be opened and created b% an% co&ered person without face#to#face contact with their client" e(cept under the following circumstances * Rule9.a.7" Bld Rules)

a) O/s/54', =% C,/4 F4%--F4% C,4. Sub+ect to the rulespromulgated for the purpose b% the Super&ising Authorities" a co&ered personma% outsource to a counter#part% the conduct of the re-uisite face#to#facecontact. Pro&ided that the ultimate responsibilit% for identif%ing the customer shalllie with the co&ered person. Rule 9.a.1/" Bld Rules)

The co&ered person shall ensure that the emplo%ees or representati&es of thecounter#part% responsible for the face#to#face contact undergo similar training

program as that of its own emplo%ees.

b) T='5 *5 5%+',4%. Sub+ect to the rules promulgated for the purpose b% theSuper&ising Authorities" where a third part% has alread% conducted the re-uisiteface#to#face contact and the identification re-uirements on its own customer inaccordance with these Rules and its own one% !aundering and Terroristinancing Pre&ention Program" a co&ered person ma% rel% on the representationof the third part% that it has alread% undertaken said face#to#face contact andcustomer identification re-uirements. (Rule 9.a.11, Old Rules) (a)

5otwithstanding the abo&e" the ultimate responsibilit% for identif%ing andestablishing the full and true identit% of the customer remains with the 'o&eredPerson rel%ing on the third part%.

Pro&ided that" in cases where the customer is assessed as high risk b% the thirdpart%" the co&ered person shall conduct its separate enhanced due diligenceprocedure.

7T='5 P58 shall refer to a) co&ered persons as defined under the A!A" asamended" and these Rules" or b) a financial institution or designated non#financial business and profession operating outside of the Philippines that isco&ered b% e-ui&alent customer identification re-uirements.(n)

3.1 =%5% =% C/s%5 T5,s4s T=5/= T5/s%% N',%% A%, 5 I,%5%'5 ='4= 's T='5 P5. A co&ered person ma% rel% on the

customer identification process undertaken b% a third part% sub+ect to the rules onThird Part% reliance to be promulgated b% the Super&ising Authorities@ Pro&idedthat" in cases where the customer is assessed as high risk b% the third part%" theco&ered person shall conduct its separate enhanced due diligence procedure.(Rule 9.a.14, Old Rules) (a)

c) I,5', , C/,'4', T%4=,+ (ICT) ss's% 4%--4%',%5&'% I Sub+ect to the rules promulgated for the purpose b% the Super&ising Authorit%" a face#to#face inter&iew through the use of $'T" such as" but not limitedto" Coice o&er $nternet Protocol Co$P)" Peer to Peer P2P)" $ntegrated Ser&ices


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9.1.2. M','/ I,5',D4/%,s R%/'5% 5 I,'&'/+ C/s%5s - 'o&eredpersons shall re-uire customers to produce original documents of identit% issued b%an official authorit%" bearing a photograph of the customer. ;(amples of suchdocuments are identit% cards and passports. Sub+ect to the rules promulgated for thepurpose b% the Super&ising Authorities"the following information and those that will bere-uired b% the latter shall be obtained from indi&idual customers and authori8ed

signator%:ies of corporate and +uridical entities*

a) 5ame@

b) 5ame:s of beneficial owner:s" if applicable@

c) Present address@

d) Permanent address@

e)


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a) 'ertificates of Registration issued b% the


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financial institutions that permit their accounts to be used b% shell banks.(Rule 9.a.19,Old Rules)

A co&ered person dealing withbearer share entities shall be re-uired to conductenhanced due diligence on said entit% and its e(isting stockholders and:or beneficialowners at the time of opening of the account. These entities shall undergo on#goingmonitoring at all times and the list of stockholders and:or beneficial owners shall beupdated within thirt% =/) da%s after e&er% transfer of ownership and the appropriate

enhanced due diligence applied to the new stockholders and:or beneficial owners. n)

9.1.7. O,', ,'5', 4/s%5s 44/,s , 5,s4',s - A co&eredperson shall" on the basis of materialit% and risk" update" no later than once in e&er%three =) %ears" unless a different period is imposed b% the Super&ising Authorit%" allidentification information and documents of e(isting customers re-uired to beobtained under the A!A" as amended" and these Rules.

A co&ered person shall establish a s%stem that will enable it to understand the normaland reasonable account or business acti&it% of customers and to detect unusual or suspicious patterns of account or business acti&it%. A risk#and#materialit% basedongoing monitoring of customersE accounts and transactions shall be part of aco&ered personEs customer due diligence procedures to ensure that the customersEaccounts and transactions are consistent with the co&ered personEs knowledge of their customer" the latterEs commercial acti&ities" risk profile" and the source of funds"whene&er re-uired. (Rule 9.a.15, Old Rules)(a)

9.1.8. R's


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9.1.10.2. R%/4% C/s%5 /% '+'%,4% *54%/5%s - Dhene&er reducedcustomer due diligence is applied in accordance with the co&ered personEs!:T customer risk rating s%stem after obtaining the rele&ant minimuminformation" the co&ered person ma% be allowed to conduct reduced '


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9.1.11. H'=-5's< 5%', 4/s%5 - A customer from a countr% other than thePhilippines that is recogni8ed as ha&ing inade-uate internationall% accepted anti#mone% laundering standards" or does not sufficientl% appl% regulator% super&ision or the inancial Action Task orce AT) recommendations" or presents greater risk for mone% laundering" its associated predicate offenses including corruption andterrorism financing" such customer shall be sub+ect to enhanced customer duediligence measures under Rule 9.1.1/.=. $nformation relati&e to these are a&ailable

from publicl% a&ailable information such as the websites of AT" AT St%le Regional,odies SR,) like the Asia Pacific ?roup on one% !aundering AP?) and the;gmont ?roup" the Bffice of oreign Assets 'ontrol BA') of the 3.S.


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shall likewise keep the electronic copies of all co&ered and suspicious transaction reportsfor at least fi&e ) %ears from the dates of submission to the A!' . (Rule 9.b.1, Old Rules)

9.2.1. C+s% A44/,s # Dith respect to closed accounts" the records on customer identification" account files and business correspondence shall be preser&ed andsafel% stored for at least fi&e ) %ears from the dates when the% were closed. (Rule9.b.!, Old Rules)

9.2.2. R%%,', R%45s =%5% Cs% M,% L/,%5', C'&'+ F5%'/5% 5 U,%5+', U,+/+ A4'&' Hs B%%, F'+% ', C/5 ? $f a case for mone%laundering" ci&il forfeiture or the underl%ing unlawful acti&it% has been filed in courtbased on or pertaining to an% record kept b% the co&ered person concerned" saidrecord must be retained and safel% kept be%ond the period stipulated in Sections9.2 and 9.2.1" as the case ma% be" until it is confirmed that the case has beenresol&ed" decided or terminated with finalit% b% the court . (Rule 9.b.4, Old Rules)

9.2.". F5 R%45s -Records shall be retained as originals in such forms as areadmissible in court pursuant to e(isting laws and the applicable rules promulgatedb% the Supreme 'ourt. (Rule 9.b.5, Old Rules)

9.". P%5' R%*5', C&%5% , S/s*'4'/s T5,s4',s# 'o&ered persons shallreport to the A!' all co&ered transactions and suspicious transactions within ten 1/)working da%s from the occurrence thereof. (Rule 9.c.1, Old Rules) (a)

Should a transaction be determined to be both a co&ered and a suspicious transaction" theco&ered institution shall report the same as a suspicious transaction.

9.".1. C&%5% , S/s*'4'/s T5,s4', R%*5 F5s -The 'o&ered TransactionReport 'TR) and the Suspicious Transaction Report STR) shall be in the formsprescribed b% the A!' and shall be submitted in a secured manner to the A!'in electronic form. (Rule 9.c.2, Old Rules)

9.".2. C,'%,'+' P5&'s',s # Dhen reporting co&ered transactions or suspicioustransactions to the A!'" co&ered persons and their officers and emplo%ees" are

prohibited from communicating" directl% or indirectl%" in an% manner or b% an%means" to an% person or entit%" the media" the fact that a co&ered or suspicioustransaction has been reported or is about to be reported" the contents of the report"or an% other information in relation thereto. 5either ma% such reporting bepublished or aired in an% manner or form b% the mass media" electronic mail" or other similar de&ices. $n case of &iolation thereof" the concerned officer" andemplo%ee" of the co&ered person and media shall be held criminall% liable. (Rule9.c.4, Old Rules) (a)

9.".". S% H535 P5&'s',s # 5o administrati&e" criminal or ci&il proceedings shall lieagainst an% person for ha&ing made a 'TR or STR in the regular performance of his duties and in good faith" whether or not such reporting results in an% criminalprosecution under the A!A" as amended" or an% other Philippine law. (Rule 9.c.g,Old Rules)

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RULE -OTHER PREVENTIVE MEASURES

S%4', 10.P5%&%,', M,% L/,%5', , O=%5 R%/'5%%,s 5 C&%5% P%5s,s.

10.1. A'',+ R/+%s 5 C&%5% P%5s,s S/*%5&'s% , R%/+% 3 =% B,


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for the purpose of determining the e(istence and true identit% of the owners of suchaccounts. Rule 9.a.4" Bld Rules)

10.1.". T5/s%% N',%% A%, 5 I,%5%'5 A44/, # Dhere an% transaction isconducted b% a trustee" nominee" agent or intermediar%" either as an indi&idual or through a fiduciar% relationship" a corporate &ehicle or partnership" on behalf of atrustor" principal" beneficial owner or person on whose behalf a transaction is beingconducted" co&ered persons shall establish and record the true and full identit% and

e(istence of both the a) trustee" nominee" agent or intermediar% and the b) trustor"principal" beneficial owner or person on whose behalf the transaction is beingconducted. The co&ered person shall determine the true nature of the partiesEcapacities and duties b% obtaining a cop% of the written document e&idencing their relationship and appl% the same standards for assessing the risk profile anddetermining the standard of customer due diligence to be applied to both.

$n case it entertains doubts as to whether the trustee" nominee" agent" or intermediar% is being used as a dumm% in circum&ention of e(isting laws" theco&ered person shall appl% enhanced customer due diligence under Section9.1.9.2.(Rule 9.a.1!, Old Rules)

10.1.!. C55%s*,%, B,


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customer due diligence to establish the true and full identit% and e(istence of said beneficiar%. Should the originator and beneficiar% be the same person"the beneficiar% institution ma% rel% on the customer due diligence conductedb% the originating institution sub+ect to the rules on Third Part% reliancepromulgated b% the ,SP" treating the originating institution as Third Part% asherein defined@

b) The originating institution shall not accept instructions to wire:fund transfer from a non#customer originator" unless it has conducted the necessar%

customer due diligence to establish the true and full identit% and e(istence of said originator@

c) $n cross border wire:fund transfers" if the originator is a high risk customer asherein described" the beneficiar% institution shall conduct enhanced customer due diligence under Section 9.1.9.2 on the beneficiar% and the originator.Dhere additional information cannot be obtained" or an% information or document pro&ided is false or falsified" or result of the &alidation process isunsatisfactor%" the beneficiar% institution shall refuse to effect the wire:fundtransfers or the pa%#out of funds without pre+udice to the reporting of asuspicious transaction to the A!' when circumstances warrant@

d) Dhene&er possible" manuall% initiated fund transfer $T) instructionsshould not be the primar% deli&er% method. ;&er% effort shall be made topro&ide client with an electronic banking solution. Howe&er" where $T is

utili8ed" the ,SP ma% issue pertinent rules on &alidation procedures@e) 'ross border and domestic wire:fund transfers and related message not

e(ceeding a threshold amount to be determined b% the ,SP or its e-ui&alentin foreign currenc% shall include accurate and meaningful originator andbeneficiar% information. The transfer message shall contain the followinginformation or ma% be obtained thereafter. The following information shallremain with the transfer or related message through the pa%ment chain*

(i) the name of the originator@

(ii) the name of the beneficiar%@ and

(iii) an account number of the originator and beneficiar%" or in its absence"a uni-ue transaction reference number.

or cross border and domestic wire:fund transfers and related messageamounting to said threshold amount to be determined b% the ,SP or more or its e-ui&alent in foreign currenc%" The following information accompan%ing all-ualif%ing wire transfers shall contain the following or obtained thereafter*

(i) the name of the originator@

(ii) the originator account number where such an account is used toprocess the transaction@

(iii) the originatorEs address" or national identit% number" or customer identification number" or date and place of birth@

(iv) the name of the beneficiar%@ and

(v) the beneficiar% account number where such an account is used toprocess the transaction.

#) Should an% wire:fund transfer amounting to the threshold amount to bedetermined b% the ,SP or more or its e-ui&alent in foreign currenc% beunaccompanied b% the re-uired originator and beneficiar% information" thebeneficiar% institution shall e(ert all efforts to establish the true and full identit%and e(istence of the originator b% re-uiring additional information from theoriginating institution or intermediar% institution. $t shall likewise appl% enhancedcustomer due diligence under Section 9.1.1/.= to establish the true and fullidentit% and e(istence of the beneficiar%. Dhere additional information cannot beobtained" or an% information or document pro&ided is false or falsified" or result of the &alidation process is unsatisfactor%" the beneficiar% institution shall refuse to

effect the wire:fund transfer or the pa%#out of funds without pre+udice to the

34


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reporting of a suspicious transaction to the A!' when circumstances warrant.(Rule 9.a.1$, Old Rules)

10.1.6. E:%*', 5 B,< S%45%4 Ls I Dhen reporting co&ered or suspicioustransactions to the A!'" co&ered persons and their officers and emplo%ees" shallnot be deemed to ha&e &iolated R.A. 5o. 1>/" as amended" R.A. 5o. 6>26" asamended" R.A. 5o. 4791 and other similar laws. (Rule 9.c.!, Old Rules)(a)

10.2. A'',+ R/+%s 5 'o&ered Persons Super&ised and Regulated b% the $nsurance'ommission $').

10.2.1 C/s%5 I%,''4', -

a) P5='3'', ',s s%++', ',s/5,4% *5/4s '=/ 4%--4% C,4.3nless the $nsurance 'ommission issues a different rule" no insurance product shallbe sold b% an% $'#co&ered institution without face#to#face contact with its client e(ceptunder the following circumstances*

(i) life insurance policies where the premium is low e.g. an annual premium note(ceeding Php/"///.//" or single premium not o&er Php12"///.//)@

(ii) insurance policies for pension schemes if there is no earl% surrender option and

the polic% cannot be used as collateral@(iii) a pension" superannuation or similar scheme that pro&ides retirement benefits

to emplo%ees" where contributions are made b% wa% of deduction from wages"and the scheme rules do not permit the assignment of a memberEs interestunder the scheme@ and

(iv) other circumstances as ma% be determined b% the A!' upon therecommendation of the $'.

b) or members under group policies" salar% allotment and:or worksite marketingbusiness" the insurer is re-uired to conduct customer identification on the emplo%er of said members.

10.". A'',+ R/+%s 5 C&%5% P%5s,s S/*%5&'s% , R%/+% 3 =% S%4/5''%s, E:4=,% C'ss', (SEC).

10.".1. C/s%5 A44/,s I The true identit% of the customers shall alwa%s beestablished based on official and other reliable documents and records. 'o&eredpersons are re-uired to obtain and record such information and documentsre-uired under the pro&isions of these Rules and the Securities Regulations 'odeand its implementing Rules and Regulations" as amended. 'o&ered and Suspicioustransaction reports that are submitted to the A!' pursuant to Section 9.= of theseRules shall alwa%s contain beneficial owner. The S;' ma% conduct regular auditand testing for the purpose of ensuring that the true identit% of the customer isproperl% recorded.

10.!. A'',+ R/+%s 5 >%%+5 D%+%5s ', P5%4'/s M%+s (>DPMs) , >%%+5D%+%5s ', P5%4'/s S,%s (>DPSs).

10.4.1. D%','', T%5s -

a) >%%+5 I refers to finished goods deri&ing fift% percent /0) or more of their &alue from +ewels" precious metals or precious stones constituting" forming part of or attached to said finished goods.

b) Precious etal I includes gold" sil&er" platinum" palladium" rhodium" ruthenium"iridium and osmium at a le&el of purit% of fi&e hundred //) parts per one

thousand 1"///)" singl% or in an% combination" and allo%s of precious metals"solders" and plating chemicals such as rhodium and palladium plating solutions"potassium gold c%anide containing at least si(t%#eight and three Itenths percent

35


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64.=0) gold" potassium sil&er c%anide containing at least si(t%#eight percent640) sil&er and sil&er c%anide in salt solution containing at least fift%#four percent>0) sil&er.

c) Precious Stone I includes gemstones" +ewels and those substances that ha&emarket#recogni8ed gem le&el of -ualit%" beaut%" and rarit% such as diamond"corundum including rubies and sapphires)" ber%l including emeralds anda-uamarines)" chr%sober%l" spinel" topa8" 8ircon" tourmaline" garnet" cr%stallineand cr%ptocr%stalline -uart8" oli&ine peridot" tan8anite" +adeite +ade" nephrite +ade"

spodumene" feldspar" tur-uoise" lapis la8uli and opal and all other gems andstones used in +ewelr% making.

d) >%%+ I includes organic substances that ha&e a market#recogni8ed gem le&el of -ualit%" beaut% and rarit% such as pearl" amber and coral.

e) F','s=% I includes fine +ewelr%" numismatic items" accessories andanti-ues

f) ine +ewelr% I includes a) articles of personal adornment made of preciousmetals" precious stones" pearls or combinations thereof including rings" bracelets"necklaces" brooches" earrings" watch#chains" fobs" pendants" tie pins" cuff links"combs" tiaras" dress#studs" religious medals or other medals or insignia@ and b)articles made of precious metals with or without precious stones such as cigarettecases" powder bo(es" chain purses and cachou bo(es" and such other articles of similar nature.

g) D%+%5 I an indi&idual or entit% who bu%s and:or sells precious metals" preciousstones and:or +ewelr% in the course of its business acti&ities. The purchases or sales of precious metals" precious stones and:or +ewelr% as referred to hereine(clude those carried out for" connected with" or for the purpose of e(tractingprecious metals or precious stones from a mine" or cutting or polishing preciousstones.

h) D', 3/s',%ss I means performance b% natural and +uridical persons of tradein precious metals" precious stones and finished goods. $t shall include sale"purchase" soliciting orders" ser&ice contracts" opening offices" whether calledJliaisonE offices or branches@ and an% other act or acts that impl% a continuit% of commercial dealings or arrangements" and contemplate to that e(tent theperformance of acts or works" or the e(ercise of some of the functions normall%

incident to" and in progressi&e prosecution of" commercial gain or of the purposeand ob+ect of the business organi8ation.

10.4.2. U,/s/+ 5 s/s*'4'/s *%5,s 44/, 4'&' 5%/'5', %,=,4%4/s%5 /% '+'%,4%. $n addition to the circumstances enumerated under Section 9.1.1/.=" .

10.4.3. C&%5% T5,s4',s 5 >DPMs , >DPSs Ior


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$n wholesale I

a) 3nknown business background of the bu%er@

b) Transactions conducted b% a third part%@

c) Transactions conducted b% a shell compan%:offshore compan%@

d) 'ustomer has apparent lack of reasonable e(pertise:e(perience in theprecious metals and:or precious stones sector@

e) Transactions where the customer re-uests o&er:under#in&oicing of purchases@

f) 3nusual pa%ment methods@

g) 'ustomer refuses to use other means of pa%ment other than cash or uses foreign currenc%:currencies without apparent reason@ or

h) 3nusual business pattern.

10.$. A'',+ R/+%s 5 C*, S%5&'4% P5&'%5s (CSPs).

10.5.1. D%','', T%5s -

a) 7C*, S%5&'4% P5&'%5s8 # refer to those who" as a business" pro&ide an% of the following ser&ices to third parties*

(i) Acting as a formation agent of +uridical persons@

(ii) Acting as or arranging for another person to act as) a director or corporatesecretar% of a compan%" a partner of a partnership" or a similar position inrelation to other +uridical persons@

(iii) Pro&iding a registered office" business address or accommodation"correspondence or administrati&e address for a compan%" a partnership or an%other legal person or arrangement. The ser&ice referred to herein shall not beconstrued to include the business of leasing and:or subleasing of specificspaces or retail trade@ and

(iv) Acting as or arranging for another person to act as) a nominee shareholder for another person.

b) 7F5', A%,8 I refers to a person or entit% who" as a business" pro&idescompan% incorporation ser&ices in the Philippines for foreign and domestic clients.

c) 7N',%% S=5%=+%58 I refers to the registered owner of shares) held on behalf of the actual owner under a custodial agreement.

10.5.2. Suspicious Transactions for 'SPs. Suspicious transactions for 'SPs shallrefer to transactions with 'SPs" regardless of amounts in&ol&ed" wherein thecircumstances under Sec. =.1> of these Rules" as amended" are present includingthose that are analogous to said circumstances such as but not limited to thefollowing*

a) the establishment of the corporate entit% has no ob&ious commercialpurpose@

b) the client appears to be uninterested in legitimate ta( a&oidance schemes@c) the client makes unusuall% large cash pa%ments in relation to business

acti&ities which would normall% be paid through other pa%ment facilities@d) e(cessi&e or unnecessar% use of nominees@e) unnecessar% granting of wide ranging Powers of Attorne%s@f) the client dela%s or refuses to disclose the identit% of the ultimate beneficial

owners of the compan%@g) the established corporate entit% continuall% make substantial losses@h) multi#+urisdictional corporate entities and:or corporate entities of comple(

structure are established without &alid grounds@

i) fre-uent turno&ers in shareholders" directors or trustees@ +) pa%ments are made or recei&ed without a clear connection to the actual

acti&ities of the corporate entit%@

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k) use of off#shore bank accounts without legitimate economic necessit%@l) the corporate entit% is established primaril% for the purpose of collecting funds

from &arious sources which are then transferred to local or foreign bankaccounts that ha&e no apparent ties with the compan%@

m) the incorporation of the corporate entit% is b% a non#resident with no links or acti&ities in the +urisdiction where the compan% is established@

n) the mone% flow generated b% the corporate entit% is not in line with itsunderl%ing business acti&ities@ and

o) fre-uent" successi&e" simultaneous or multiple incorporators with one or morecommon nominees as incorporators" common addresses and other similar circumstances.

10.5.3. S/*%5&'s',. or purposes of determining A!:'T compliance" 'SPs shallbe under the super&ision of the S;'. Dhere the super&ision of the S;' is limitedonl% to the registration of the 'SPs" the A!' shall act as the SA for A!:'Tpurposes and it ma% enlist the assistance of or deputi8e other go&ernment agenciesha&ing regulator% power and:or licensing authorit% o&er said co&ered person for theimplementation and enforcement of the A!A" as amended" and these Rules. a)

10.6. A'',+ R/+%s 5 C&%5% P%5s,s U,%5 S%4', "()(#) =% AMLA(D%s',% P5%ss',+s)

10.6.1. D%','', T%5s -

a) 7D%s',% P5%ss',+8 ? shall refer to an% person who prepares for or carriesout transactions relating to the ser&ices under Section 1/.6.2. !aw%ers andaccountants acting as independent legal professionals are e(cluded in relation toinformation concerning their clients or where disclosure of information wouldcompromise client confidences or the attorne%#client relationship* Pro&ided" Thatthese law%ers and accountants are authori8ed to practice in the Philippines and shallcontinue to be sub+ect to the pro&isions of their respecti&e codes of conduct and:or professional responsibilit% or an% of its amendments.

10.6.2. A**+'43'+' - The pro&isions under this Rule shall appl% to persons who pro&idean% of the following ser&ices*

a) anaging clientEs mone%" securities or other assets@b) anagement of bank" sa&ings or securities accounts@c) Brgani8ation of contributions for the creation" operation or management of

companies@ andd) 'reation" operation or management of +uridical persons or arrangements" and

bu%ing and selling business entities.

10.6.3. N%4%ss5 S%5&'4%s # The rendition of an% of the ser&ices mentioned under Section 1/.6.2 shall necessaril% include the following acti&ities performed in behalf of a client" such as but not limited to*

a) recei&ing or pa%ing funds and:or capital contributions@b) recei&ing or transferring" locall% or internationall%" funds" securities and assets@c) bu%ing and selling of business entities" including mergers and consolidation@d) deposits or withdrawals on clientEs accounts@e) issuing and cashing of checks and other negotiable instruments@f) sale" transfer or disposition of stocks@g) administration of estates@h) pro&iding ta( ser&ices@i) pro&iding insol&enc%" winding up or dissolution ser&ices@ +) creation" operation and management of trusts" companies" foundations"

corporations and other +uridical persons or arrangements@k) preparing powers of attorne% and other contracts in&ol&ing transactions of clientEsaccounts and assets@

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l) preparation of all documentar% re-uirements for the incorporation and operationof +uridical person@

m) facilitating the registration of the +uridical person with concerned go&ernmentagencies@ and

n) such other acti&ities that are necessar% to carr% out the ser&ices mentioned under Section 1/.6.2. hereof.

10.6.4. C&%5% T5,s4',s #


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2. The Rule of Procedure in 'ases of 'i&il orfeiture" Asset Preser&ation" and ree8ingof onetar% $nstrument" Propert%" or Proceeds representing" $n&ol&ing" or Relating toan 3nlawful Acti&it% or one% !aundering Bffense under Republic Act 5o. 916/" asamended A.. 5o. /#11#/>#S') shall go&ern the proceedings in all petitions for free8e order instituted pursuant to R.A. 5o. 916/" as amended.

". 'onsidering the intricate and di&erse web of related and interlocking accountspertaining to the monetar% instruments or properties that an% person ma% create inthe different co&ered persons" their branches and:or other units" the A!' ma% file a

petition with the 'ourt of Appeals for the free8ing of the monetar% instruments or properties in the names of the reported owners:holders and monetar% instruments or properties named in the Petition of the A!' including related accounts as definedunder Section =.11 of these Rules.

!. The 'ourt shall act on the petition to free8e within twent%#four 2>) hours from filing of the petition. $f the petition is filed a da% before a non#working da%" the computation of the twent%#four 2>) hour period shall e(clude the non#working da%s.

$. The free8e order shall not e(ceed si( 6) months depending upon the circumstancesof the case* Pro&ided" that if there is no case filed against a person whose accounthas been fro8en within the period determined b% the court" the free8e order shall bedeemed ipso facto lifted.

6. A person whose account has been fro8en ma% file a motion to lift the free8e order andthe court must resol&e this motion before the e(piration of the free8e order.

#. 5o court shall issue a temporar% restraining order or a writ of in+unction against an%free8e order" e(cept the Supreme 'ourt.

11.2. N *5'5 4=5% *%,%,4 5 4,&'4', ,%4%ss5. I 5o prior criminal charge"pendenc% of or con&iction for an unlawful acti&it% or mone% laundering offense isnecessar% for the commencement or the resolution of an application for free8e order. n)

11.3. E:%,s', =% F5%%;% O5%5 I $f the free8e order issued b% the 'ourt of Appealsis less than si( 6) months" before the period of said free8e order e(pires" the A!' ma%file a motion with the same court for an e(tension of said period* Pro&ided" howe&er" Thatthe e(tension sought shall not e(tend the period of the free8e be%ond si( 6) months.

3pon the timel% filing of such motion and pending resolution thereof b% the 'ourt of Appeals to e(tend the period" said period shall be deemed suspended and the free8eorder shall remain effecti&e. urthermore" the effect of the free8e order shall also remainuntil the court" where a case for ci&il forfeiture is pending" issues a Pro&isional AssetPreser&ation Brder PAPB).

11.4. D%','', P533+% C/s% # Probable cause includes such facts andcircumstances which would lead a reasonabl% discreet" prudent or cautious man tobelie&e that an unlawful acti&it% and:or a mone% laundering offense is about to be" isbeing or has been committed and that the account or an% monetar% instrument or propert% sought to be fro8en and:or in-uired into is in an% wa% related to said unlawfulacti&it% and:or mone% laundering offense.

11.5. D/ C&%5% P%5s,s ,5 4,4%5,% G&%5,%, A%,4'%s I

1. 3pon receipt of the notice of the free8e order" the co&ered person concerned shallimmediatel% free8e the monetar% instrument or propert% and related accounts sub+ectthereof and shall also immediatel% desist from and not allow an% transaction"withdrawal" deposit" transfer" remo&al" con&ersion" other mo&ement or concealment of the account representing" in&ol&ing or relating to the sub+ect monetar% instrument"propert%" proceeds or its related accounts. (n)

2. The co&ered person shall likewise immediatel% furnish a cop% of the notice of thefree8e order upon the owner or holder of the monetar% instrument or propert% or related accounts sub+ect thereof.

!. Dithin twent%#four 2>) hours from receipt of the free8e order" the co&ered person

concerned shall submit to the 'ourt of Appeals and the A!'" b% personal deli&er% or other modes of deli&er% acceptable to the court" a detailed written return on the free8e

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order" specif%ing all the pertinent and rele&ant information" which shall include thefollowing*

a) or co&ered persons* The account numbers and:or description of the monetar%instrument" propert%" or proceeds in&ol&ed@

b) or concerned go&ernment agencies*

(i) 'ertificates of title numbers of registered real propert% and the &olumes andpages of the registration books of the Register of


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monetar% instruments and properties within a reasonable period and shall submit asupplemental return thereof to the 'ourt of Appeals and the A!' within twent%#four 2>)hours from the free8ing of said related accounts" monetar% instruments and properties.

11.6. P5='3'', ',s Iss/,4% F5%%;% O5%5s ',s 4,'%s 5 ,%+%45+ '4% /5', %+%4', *%5' I 5o assets shall be fro8en to the pre+udice of acandidate for an electoral office during an election period.

R3!; K$$ # $5G3$RL $5TB ) hours from filing of the application.

b) A court order e( parte must be obtained before the A!' can in-uire into the relatedaccounts@ pro&ided" that the procedure for the e( parte application for an order of in-uir% into the principal account shall be the same for that of the related accounts.

c) The authorit% to in-uire into or e(amine the main account and the related accountsshall compl% with the re-uirements of Article $$$" Sections 2 and = of the 1947'onstitution" which are hereb% incorporated b% reference.

12.2. D/ =% 3,


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b) Sections >" " 6" 4" 9" 1/" 11" 12" 1=" 1>" 1 and 16 of Republic Act 5o. 916"otherwise known as the 'omprehensi&e


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to determine accurate and complete reporting of said transactions to the A!'pursuant to the A!A" as amended" these Rules and ,SP issuances.

=. Re&iew supporting transaction records and documents" such as but not limited to"deposit and:or withdrawal slips" debit:credit memos" including the electronic or manual A!:'T s%stem" for purposes of ascertaining that all co&ered andsuspicious transactions were captured and reported to the A!'" within theperiod allowed b% the A!A" as amended" and these Rules" and to determineproper maintenance and retention of transaction documents and records.

>. Re&iew all documents and records related to closed accounts" peso and foreigncurrenc% non#checking numbered accounts" high#risk accounts" suspicioustransactions reported to the A!' and accounts which are the sub+ect of amone% laundering case" to ensure that a co&ered person is properl% monitoringthese t%pes of accounts:transactions and is compl%ing with records#retentionre-uirements under the A!A" as amended" these Rules and:or ,SP A!:'Tregulations.

12.8. BSP E:',', P54%/5%s 5 AMLCFT A4'&''%s , R's< R', Ss% # Toensure compliance with the A!A" as amended" and these Rules" the ,SP shallpromulgate its e(amination procedures for A!:'T acti&ities and adopt a risk ratings%stem that will assess a co&ered person and its subsidiaries and affiliatesE o&erall A!:'T risk management s%stem.

An% findings of the ,SP which ma% constitute a &iolation of an% pro&ision of the A!A" asamended" and these Rules shall be referred to the A!' for its appropriate action withoutpre+udice to the ,SP taking appropriate action against a non#compl%ing co&ered personand its responsible personnel.

RULE III - INUIRY INTO ACCOUNTS OR TRANSACTIONS

S%4', 1".A/=5' ',/'5% ', 44/,s 5 5,s4',s.? The A!' ma% in-uire into or e(amine an% other t%pe of account or transaction other than deposits or in&estments as definedunder Republic Act 5o. 1>/" as amended" Republic Act. 5o. 4791" and Republic Act 5o. 6>26"without a court order" with an% co&ered person when it has been established that there is probable

cause that the transaction or account in&ol&ed" including related accounts" are in an% wa% related toan unlawful acti&it% as defined in Section =.1> hereof or a mone% laundering offense under Section >hereof .(n)

13.1. D/ =% 4&%5% *%5s,s /*, 5%4%'* =% AMLC R%s+/', # The co&eredperson and their subsidiaries and affiliates shall" immediatel% upon receipt of the A!' resolution" allow the A!' and:or its SecretariatEs dul% authori8ed personnelfull access to all records pertaining to the account or transaction.

An% officer" emplo%ee" stockholder" owner" representati&e" agent" manager" director or officer#in#charge of an% co&ered person who purposel% fails or willfull% refuses topermit the A!' or its SecretariatEs dul% authori8ed personnel to conduct an in-uir%into or e(amination of an% account or transaction shall be imposed a fine of not more

than i&e Hundred Thousand Philippine Pesos PHP//"///.//). (n)

RULE IV - CIVIL FORFEITURE

S%4', 1!.A/=5' I,s'/% C'&'+ F5%'/5% P54%%',s. I The A!' is authori8ed under Section 7 =) of the A!A" as amended" to institute ci&il forfeiture proceedings and all other remedialproceedings through the Bffice of the Solicitor ?eneral.

14.1. A**+'43+% R/+% # The Rule of Procedure in 'ases of 'i&il orfeiture" Asset Preser&ation"and ree8ing of onetar% $nstrument" Propert%" or Proceeds Representing" $n&ol&ing" or Relating to an 3nlawful Acti&it% or one% !aundering Bffense under Republic Act 5o.916/" as Amended A.. 5o. /#11#/>#S') shall go&ern all ci&il forfeiture proceedings

instituted pursuant to the A!A" as amended.

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14.2. C'&'+ F5%'/5% ? 3pon determination b% the A!' that probable cause e(ists that an%monetar% instrument or propert% is in an% wa% related to an unlawful acti&it% as defined inSection =i) or a mone% laundering offense under Section > of the A!A" as amended"the A!' shall file with the appropriate court through the Bffice of the Solicitor ?eneral" a&erified petition for ci&il forfeiture. (n)

14.2.1. F5%'/5% ss%s %/+ &+/% - The forfeiture shall include those other monetar% instrument or propert% ha&ing a &alue e-ui&alent to that of the monetar%

instrument or propert% found to be related in an% wa% to an unlawful acti&it% or amone% laundering offense" when with due diligence" the former cannot be located"or it has been substantiall% altered" destro%ed" diminished in &alue or otherwiserendered worthless b% an% act or omission" or it has been concealed" remo&ed"con&erted" or otherwise transferred" or it is located outside the Philippines or hasbeen placed or brought outside the +urisdiction of the court" or it has beencommingled with other monetar% instrument or propert% belonging to either theoffender himself or a third person or entit%" thereb% rendering the same difficult toidentif% or be segregated for purpose of forfeiture.(n)

14.3. N *5'5 4=5% *%,%,4 5 4,&'4', ,%4%ss5. I 5o prior criminal charge"pendenc% of or con&iction for an unlawful acti&it% or mone% laundering offense isnecessar% for the commencement or the resolution of a petition for ci&il forfeiture. (n)

14.4. C+' , F5%'% Ass%s. Dhere the court has issued an order of forfeiture of themonetar% instrument or propert% in a criminal prosecution for an% mone% launderingoffense defined under Section > of the A!A" as amended" the offender or an% other person claiming an interest therein ma% appl%" b% &erified petition" for a declaration thatthe same legitimatel% belongs to him and for segregation or e(clusion of the monetar%instrument or propert% corresponding thereto. The &erified petition shall be filed with thecourt which rendered the +udgment of forfeiture" within fifteen 1) da%s from the date of the finalit% of theorder of forfeiture" in default of which the said order shall become finaland e(ecutor%. This pro&ision shall appl% in both ci&il and criminal forfeiture.(n)

14.5. P%, ', +'%/ F5%'/5% -Dhere the court has issued an order of forfeiture of the

monetar% instrument or propert% sub+ect of a mone% laundering offense defined under Section > of the A!A" as amended" and said order cannot be enforced because an%particular monetar% instrument or propert% cannot" with due diligence" be located" or it hasbeen substantiall% altered" destro%ed" diminished in &alue or otherwise renderedworthless b% an% act or omission" directl% or indirectl%" attributable to the offender" or ithas been concealed" remo&ed" con&erted" or otherwise transferred to pre&ent the samefrom being found or to a&oid forfeiture thereof" or it is located outside the Philippines or has been placed or brought outside the +urisdiction of the court" or it has beencommingled with other monetar% instruments or propert% belonging to either the offender himself or a third person or entit%" thereb% rendering the same difficult to identif% or besegregated for purposes of forfeiture" the court ma%" instead of enforcing the order of forfeiture of the monetar% instrument or propert% or part thereof or interest therein"accordingl% order the con&icted offender to pa% an amount e-ual to the &alue of said

monetar% instrument or propert%. This pro&ision shall appl% in both ci&il and criminalforfeiture. (n)

RULE V - MUTUAL ASSISTANCE

S%4', 1$.M//+ Ass's,4% , S%s.

15.1. R%/%s 5 Ass's,4% 5 F5%', S% # Dhere a foreign State makes a re-uestfor assistance in the in&estigation or prosecution of a mone% laundering offense" the A!' ma% e(ecute the re-uest or refuse to e(ecute the same and inform the foreignState of an% &alid reason for not e(ecuting the re-uest or for dela%ing the e(ecutionthereof. The principles of mutualit% and reciprocit% shall" for this purpose" be at all timesrecogni8ed.

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15.2. P%5s =% AMLC A4 , R%/%s 5 Ass's,4% 5 F5%', S% # The A!' ma% e(ecute a re-uest for assistance from a foreign State b%* 1) tracking down"free8ing" restraining and sei8ing assets alleged to be proceeds of an% unlawful acti&it%under the procedures laid down in the A!A" as amended" and in these Rules@ 2) gi&inginformation needed b% the foreign State within the procedures laid down in the A!A" asamended" and in these Rules@ and =) appl%ing for an order of forfeiture of an% monetar%instrument or propert% with the court* Pro&ided" That the court shall not issue such anorder unless the application is accompanied b% an authenticated cop% of the order of a

court in the re-uesting State ordering the forfeiture of said monetar% instrument or propert% of a person who has been con&icted of a mone% laundering offense or anunlawful acti&it% in the re-uesting State" and a certification or an affida&it of a competentofficer of the re-uesting State stating that the con&iction and the order of forfeiture arefinal and that no further appeal lies in respect of either.

15.3. O3',', Ass's,4% 5 F5%', S%s - The A!' ma% make a re-uest to an%foreign State for assistance in 1) tracking down" free8ing" restraining and sei8ing assetsalleged to be proceeds of an% unlawful acti&it%@ 2) obtaining pertinent information anddocuments that it needs relating to an% mone% laundering offense or an% other matter directl% or indirectl% related thereto@ =) to the e(tent allowed b% the law of the foreignState" appl%ing with the proper court therein for an order to enter an% premises belongingto or in the possession or control of" an% or all of the persons named in said re-uest"

and:or search an% or all such persons named therein and:or remo&e an% document"material or ob+ect named in said re-uest* Pro&ided" That the documents accompan%ingthe re-uest in support of the application ha&e been dul% authenticated in accordance withthe applicable law or regulation of the foreign State@ and >) appl%ing for an order of forfeiture of an% monetar% instrument or propert% in the proper court in the foreign State*Pro&ided" That the re-uest is accompanied b% an authenticated cop% of the order of theRegional Trial 'ourt ordering the forfeiture of said monetar% instrument or propert% and anaffida&it of the clerk of court stating that the order of forfeiture is final and that no further appeal lies in respect of it.

15.4. L''',s , R%/%ss 5 M//+ Ass's,4% # The A!' ma% refuse to compl% withan% re-uest for assistance where the action sought b% the re-uest contra&enes an%pro&ision of the 'onstitution or the e(ecution of a re-uest is likel% to pre+udice the nationalinterest of the Philippines" unless there is a treat% between the Philippines and there-uesting State relating to the pro&ision of assistance in relation to mone% launderingoffenses.

15.5. R%/'5%%,s 5 R%/%ss 5 M//+ Ass's,4% 5 F5%', S%s # A re-uestfor mutual assistance from a foreign State must 1) confirm that an in&estigation or prosecution is being conducted in respect of a mone% launderer named therein or that hehas been con&icted of an% mone% laundering offense@ 2) state the grounds on which an%person is being in&estigated or prosecuted for mone% laundering or the details of hiscon&iction@ =) gi&e sufficient particulars as to the identit% of said person@ >) gi&eparticulars sufficient to identif% an% co&ered person belie&ed to ha&e an% information"document" material or ob+ect which ma% be of assistance to the in&estigation or

prosecution@ ) ask from the co&ered person concerned an% information" document"material or ob+ect which ma% be of assistance to the in&estigation or prosecution@ 6)specif% the manner in which and to whom said information" document" material or ob+ectobtained pursuant to said re-uest" is to be produced@ 7) gi&e all the particulars necessar%for the issuance b% the court in the re-uested State of the writs" orders or processesneeded b% the re-uesting State@ and 4) contain such other information as ma% assist inthe e(ecution of the re-uest.

15.6. A/=%,'4', D4/%,s # or purposes of Sections 7 and 1= f) of the A!A" asamended" a document is authenticated if the same is signed or certified b% a +udge"magistrate or e-ui&alent officer in or of" the re-uesting State" and authenticated b% theoath or affirmation of a witness or sealed with an official or public seal of a minister"secretar% of state" or officer in or of" the go&ernment of the re-uesting State" or of the

person administering the go&ernment or a department of the re-uesting territor%"protectorate or colon%. The certificate of authentication ma% also be made b% a secretar%

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of the embass% or legation" consul general" consul" &ice consul" consular agent or an%officer in the foreign ser&ice of the Philippines stationed in the foreign State in which therecord is kept" and authenticated b% the seal of his office.

15.7. S/**+%5 A**+'4', =% R

Documents

Implementing RR's