MORNBFI Vol. 1 - Planters Development Bank

APP. Q-2508.12.31(2) to issue orders addressed to theappropriate Supervising Authority or thecovered institution to determine the trueidentity of the owner of any monetaryinstrument or property subject of a coveredor suspicious transaction report, or requestfor assistance from a foreign State, orbelieved by the Council, on the basis ofsubstantial evidence, to be, in whole or inpart, wherever located, representing,involving, or related to, directly orindirectly, in any manner or by any means,the proceeds of an unlawful activity;(3) to institute civil forfeitureproceedings and all other remedialproceedings through the Office of theSolicitor General;(4) to cause the filing of complaintswith the Department of Justice or theOmbudsman for the prosecution ofmoney laundering offenses;(5) to investigate suspicioustransactions and covered transactionsdeemed suspicious after an investigationby the AMLC, money laundering activitiesand other violations of this Act;(6) to apply before the Court ofAppeals, Ex-Parte, for the freezing of anymonetary instrument or property allegedto be proceeds of any unlawful activity asdefined under Section 3(i) hereof;(7) to implement such measures asmay be inherent, necessary, implied,incidental and justified under the AMLAto counteract money laundering. Subjectto such limitations as provided for by law,the AMLC is authorized under Rule 7 (7)of the AMLA to establish an informationsharing system that will enable the AMLCto store, track and analyze moneylaundering transactions for the resoluteprevention, detection and investigation ofmoney laundering offenses. For thispurpose, the AMLC shall install acomputerized system that will be used inthe creation and maintenance of aninformation database;(8) to receive and take action inrespect of any request from foreign statesfor assistance in their own anti-moneylaundering operations as provided in theAMLA. The AMLC is authorized underSections 7 (8) and 13 (b) and (d) of the AMLAto receive and take action in respect of anyrequest of foreign states for assistance in theirown anti-money laundering operations, inrespect of conventions, resolutions and otherdirectives of the United Nations (UN), theUN Security Council, and other internationalorganizations of which the Philippines is amember. However, the AMLC may refuseto comply with any such request, convention,resolution or directive where the actionsought therein contravenes theprovisions of the Constitution, or theexecution thereof is likely to prejudicethe national interest of the Philippines.(9) to develop educational programson the pernicious effects of moneylaundering, the methods and techniquesused in money laundering, the viablemeans of preventing money launderingand the effective ways of prosecuting andpunishing offenders.(10) to enlist the assistance of any branch,department, bureau, office, agency orinstrumentality of the government, includinggovernment-owned and -controlledcorporations, in undertaking any and all antimoneylaundering operations, which mayinclude the use of its personnel, facilities andresources for the more resolute prevention,detection and investigation of moneylaundering offenses and prosecution ofoffenders. The AMLC may require theintelligence units of the Armed Forces of thePhilippines, the Philippine National Police,the Department of Finance, the Departmentof Justice, as well as their attached agencies,and other domestic or transnationalgovernmental or non-governmentalorganizations or groups to divulge to theAMLC all information that may, in any way,facilitate the resolute prevention,Q RegulationsAppendix Q-25 - Page 12Manual of Regulations for Non-Bank Financial Institutions