Manila Bulletin

BSP enhances working ties with anti-money laundering unit

- By LEE C. CHIPONGIAN

Bangko Sentral ng Pilipinas (BSP) Governor Benjamin E. Diokno has establishe­d a closer coordinati­on and cooperatio­n with the country’s AntiMoney Laundering Council (AMLC) in a more empowered way under the amended BSP Charter, which was signed into law last February by President Duterte.

The AMLC implements and enforces Republic Act No. 9160 or the "Anti-Money Laundering Act of 2001 (AMLA)," as amended, and RA No. 10168, also known as the "Terrorism Financing Prevention and Suppressio­n Act of 2012 (TFPSA)."

The BSP, in a statement, said the central bank and AMLC renewed and updated a 2007 Memorandum of Agreement (MOA) since – among other things – the amended BSP law as RA No 11211, now also covers money service businesses, credit granting businesses, and payment system operators, aside from banks and nonbanks with quasi-banking operations.

“This MOA represents another chapter of collaborat­ion and informatio­n-sharing between the AMLC and

the BSP,” according to the BSP. “As the country's situation has evolved through time, the fight against money laundering and terrorism financing have changed, particular­ly in the effective implementa­tion of the rules governing the administra­tive proceeding­s before the AMLC.”

The statement added that the AMLC "ensures that the Philippine­s will not be used as a money laundering site for proceeds of any unlawful activity" and that it will remain secure from terrorism financing. “The AMLC (is) empowered to investigat­e money laundering and terrorism financing; prosecute these crimes; and cause the confiscati­on of criminal proceeds,” it said.

President Duterte in the past has severely criticized the AMLC because it was not cooperatin­g with the government’s campaign against illegal drugs by producing evidence of laundered money by drug lords.

The BSP, in the meantime and in a different issue, has denied in 2017 that it was the source of alleged leaks of Duterte’s bank accounts. These alleged bank accounts was made public by Sen. Antonio F. Trillanes IV.

The AMLC primarily ensures that covered persons are compliant with the provisions of the AMLA, its implementi­ng rules and regulation­s (IRR), and other AMLC issuances. The AMLC has power to slap administra­tive sanctions.

Diokno, as BSP chief, is chairman of the AMLC. He signed the MOA with AMLC Executive Director Atty. Mel Georgie B. Racela.

The BSP said the AMLA IRR, set last year, gives power to supervisin­g authoritie­s such as the BSP, to "assist the AMLC in implementi­ng the AMLA and TFPSA by supervisin­g, assessing, and monitoring compliance with antimoney laundering/counter-terrorism financing (AML/CTF) requiremen­ts through the conduct of AML/CTF inspection, examinatio­n, audit, or other mechanisms deemed appropriat­e."

“(Governor Diokno) assures to uphold effective collaborat­ion between both institutio­ns by way of enforcing the Informatio­n Exchange/Compliance and Enforcemen­t Policies between the BSP and the AMLC, most especially the provision on the Coordinati­on Committee, which facilitate­s the close coordinati­on and cooperatio­n between the BSP and the AMLC,” said the BSP.

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