12/18/23, 11:16 AM Republic Act No.

11521

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Eighteenth Congress
Second Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand twenty.

[ REPUBLIC ACT NO. 11521, January 29, 2021 ]

AN ACT FURTHER STRENGTHENING THE ANTI-MONEY LAUNDERING LAW, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 9160, OTHERWISE KNOWN AS THE "ANTI-MONEY LAUNDERING ACT OF
2001", AS AMENDED

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Section 2 of Republic Act No. 9160, as amended, is hereby amended to read as follows:

"Section 2. Declaration of Policy. - It is hereby declared the policy of the State to protect and preserve
the integrity and confidentiality of bank accounts and to ensure that the Philippines shall not be used as
a money laundering site for the proceeds of any unlawful activity. Consistent with its foreign policy, the
State shall extend cooperation in transnational investigations and prosecutions of persons involved in
money laundering activities wherever committed, as well as in the implementation of targeted financial
sanctions related to the financing of the proliferation of weapons of mass destruction, terrorism, and
financing of terrorism, pursuant to the resolution of the United Nations Security Council."

Section 2. Section 3 of the same Act is hereby amended as follows:

"Section 3. Definitions. - For purposes of this Act, the following terms are hereby defined as follows:

"(a) Covered persons', natural or juridical refer to:

"(1) x x x;

"(9) Real estate developers and brokers;

"(10) Offshore gaming operation, as well as their service providers, supervised, accredited
or regulated by the Philippine Amusement and Gaming Corporation (PAGCOR) or any
government agency;

"(b) 'Covered transactions' is a transaction in cash or other equivalent monetary instrument

involving a total amount in excess of Five hundred thousand pesos (P500,000.00) within one (1)
banking day; for covered persons under Section 3(a)(8), a single casino cash transaction
involving an amount in excess of Five million pesos (P5,000,000.00) or its equivalent in any
other currency.

"For covered persons under Section 3(a)(9) herein, a single cash transaction involving an
amount in excess of Seven million five hundred thousand pesos (P7,500,000.00) or its
equivalent in any other currency.

"(b-1) 'Suspicious transactions' are transactions with covered persons, regardless of the
amounts involved, where any of the following circumstances exist:

"1. There is no underlying legal or trade obligation, purpose or economic

justification;

"2. The client is not properly identified;

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"3. The amount involved is not commensurate with the business or financial
capacity of the client;

"4. Taking into account all known circumstances, it may be perceived that the
client's transaction is structured in order to avoid being the subject of reporting
requirements under the Act

"5. Any circumstance relating to the transaction which is observed to deviate from
the profile of the client and/or the client's past transactions with the covered person;

"6. The transaction is in any way related to an unlawful activity or offense under this
Act that is about to be, is being or has been committed; or

"7. Any transaction that is similar or analogous to any of the foregoing.

"x x x

"(i) 'Unlawful activity' refers to any act or omission or series or combination thereof involving or
having relation to the following:

"(1) x x x;

"(33) Fraudulent practice and other violations under Republic Actr No. 8799,
otherwise known as "The Securities Regulation Code of 2000;

"(34) Violation of Section 9 (a)(3) of Republic Act No. 10697, otherwise known as
the "Strategic Trade Management Act", in relation to the proliferation of weapons of
mass destruction and its financing pursuant to United Nations Security Council
Resolution Numbers 1718 of 2006 and 2231 of 2015";

"(35) Violation of Section 254 of Chapter II, Title X of the National Internal Revenue
Code of 1997, as amended, where the deficiency basic tax due in the final
assessment is in excess of Twenty-five million pesos (P25,000,000.00) per taxable
year, for each tax type covered and there has been a finding of probable cause by
the competent authority: Provided,further, That there must be a finding of fraud,
willful misrepresenting or malicious intent on the part of the taxpayer: Provided,
finally, That in no case shall the AMLC institute forfeiture proceedings to recover
monetary instruments, property or proceeds representing, involving, or relating to a
tax crime, if the same has already been recovered or collected by the Bureau of
Internal Revenue (BIR) in a separate proceeding and

"(36) Felonies and offenses of a similar nature that are punishable under the penal
laws of other countries.

"x x x.

"(4) 'Offshore gaming operator' refers to an entity engaged in offering online games of
chance or sporting events via the internet using a network and software program, by
themselves or through local service providers.

"(5) 'Service providers' refer to duly constituted business corporations who provide
components of offshore gaming operations to offshore gaming operators.

"x x x.

"(m) 'Real estate developer' refers to any natural or juridical person engaged in the business of
developing real estate development project for the account of the developer and offering them
for sale or lease.

"(n) 'Real estate broker' refers to a duly registered and licensed natural person who, for a
professional fee, omission or other valuable consideration, acts as an agent of a party in a real
estate transaction to offer, advertise, solicit, list, promote, mediate, negotiate, or effect the
meeting of the minds on the sale, purchase, exchange, mortgage, lease or joint venture, or other
similar transaction on real estate or any interest therein.

"(o) 'Targeted financial sanctions' refer to both asset freezing and prohibition to prevent funds or
other assets from being made available, directly or indirectly, for the benefit of any individual,

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natural or legal persons or entity designated pursuant to relevant United Nations Security
Council resolution and its designation processes.

"(p) 'Proliferation financing' refers when a person:

"(1) Makes available an asset; or

"(2) Provides a financial service; or

"(3) Conducts a financial transaction; and the person knows that, or is reckless as to
whether, the asset, financial service or financial transaction is intended to, in whole or in
part, facilitate proliferation of weapons of mass destruction in relation to UN Security
Council Resolution Number 1718 0f 2006 and 2231 of 2015."

Section 3. Section 7 of the same Act is hereby amended to read as follows:

"Section 7. Creation of Anti-Money Laundering Council (AMLC). - The Anti-Money Laundering Council
is hereby created and shall be composed of the Governor of the Bangko Sentral ng Pilipinas as
Chairman, the Commissioner of the Insurance Commission and the Chairman of the Securities and
Exchange Commission, as members. The AMLC shall act unanimously in the discharge of its functions
as defined hereunder:

"(1) to investigate suspicious transactions and covered transactions deemed suspicious after
determination by AMLC, money laundering activities and other violations of this Act.

"x x x;

"(13) in the conduct of its investigation, the AMLC shall apply for the issuance of a search and
seizure order with any competent court;

"(14) in the conduct of its investigation, the AMLC shall apply for the issuance of subpoena ad
testificandum and/or subpoena duces tecum with any competent court;

"(15) to implement targeted financial sanctions in relation to proliferation of weapons of mass

destruction and its financing, including ex parte freeze, without delay, against all funds and other
assets that are owned and controlled, directly or indirectly, including funds and assets derived or
generated therefrom, by individuals or entities designated and listed under United Nations
Security Council Resolution Numbers 1718 of 2006 and 2231 of 2015 and their successor
resolutions as well as any binding resolution of the Security Council; and

"(16) to preserve, manage or dispose assets pursuant to a freeze order, asset preservation
order, or judgment of forfeiture: Provided, however, That pending their turnover to the national
government, all expenses incurred in relation to the duties herein mentioned shall be deducted
from the amount to be turned over to the national government."

Section 4. A new Section 8-A is hereby inserted after Section 8 (Creation of a Secretariat) of Republic Act No. 9160,
as amended to read as follows:

"SEC. 8-A. Information Security and Confidentiality. - The AMLC and its Secretariat shall securely protect
information received or processed and shall not reveal, in any manner, any information known to them by
reason of their office. This prohibition shall apply even after their separation from the AMLC.

"The AMLC shall formulate rules governing information exchange and dissemination, the security and
confidentiality of such information, including procedures for handling, storage, and protection of, as well as
access to such information."

Section 5. Section 10 of the same Act, is hereby further amended by inserting a new paragraph to read as follows:

"Section 10. Freezing Monetary Instrument or Property. -

"(a) Upon a verified ex parte petition by the AMLC and after determination that probable cause exists
that any monetary instrument or property is in any way related to an unlawful activity as defined in
Section 3(i) hereof, the Court of Appeals may issue a freeze order which shall be effective immediately,
for a period of twenty (20) days. Within the twenty (20) day period, the Court of Appeals shall conduct a
summary hearing, with notice to the parties, to determine whether or not to modify or lift the freeze
order, or extend its effectivity. The total period of the freeze order issued by the Court of Appeals under
this provision shall not exceed six (6) months. This is without prejudice to an asset preservation order
that the Regional Trial Court having jurisdiction over the appropriate anti-money laundering case or civil
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forfeiture case may issue on the same account depending on the circumstances of the case, where the
Court of Appeals will remand the case and its records: Provided, That if there is no case filed against a
person whose account has been frozen within the period determined by the Court of Appeals, not
exceeding six (6) months, the freeze order shall be deemed ipso facto lifted: Provided,further, That this
new rule shall not apply to pending cases in the courts. In any case, the court should act on the petition
to freeze within twenty-four (24) hours from filing of the petition. If the application is filed a day before a
nonworking day, the computation of the twenty-four (24) hour period shall exclude the nonworking
days.

"The freeze order or asset preservation order issued under this Act shall be limited only to the amount
of cash or monetary instrument or value of property that court finds there is probable cause to be
considered as proceeds of a predicate offense, and the freeze order or asset preservation order shall
not apply tyo amounts in the same account in excess of the amount or value of the proceeds of the
predicate offense.

"A person whose account has been frozen may file a motion to lift the freeze order and the court must
resolve this motion before the expiration of the freeze order.

"No court shall issue a temporary restraining order or a writ of injunction against any freeze order,
except the Supreme Court.

"(b) For purposes of implementing targeted financial sanctions in relation to proliferation of weapons of
mass destruction and its financing, as provided under Section 3(15), the AMLC shall have the power to
issue, ex porte, an order to freeze without delay.

"The freeze order shall be effective until the basis for its issuance shall have been lifted. During the
effectivity of the freeze order, the aggrieved party may, within twenty (20) days from issuance, file with
the Court of Appeals a petition to determine the basis of the freeze order according to the principle of
effective judicial protection: Provided, That the person whose property or funds have been frozen may
withdraw such sums as the AMLC determines to be reasonably needed for monthly family needs and
sustenance including the services of counsel and the family medical needs of such person.

"The AMLC, if circumstance warrant, may initiate civil forfeiture proceedings to preserve the assets and
to protect it from dissipation. No court shall issue a temporary restraining order or a writ of injunction
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against the freeze order, except the Court of Appeals or the Supreme Court."

Section 6. Section 12 of the same Act is hereby amended by inserting a new paragraph to read as follows:

"(d) No court shall issue a temporary restraining order (TRO) or a writ of injunction against any
provisional asset preservation order or asset preservation, except the Court of Appeals or the Supreme
Court."

Section 7. Section 14, paragraph (d) of Republic Act No. 9160, as amended, is hereby further amended to read as
follows:

"Section 14. Penal Provisions. -

"x x x

"(d) Breach of Information Security and Confidentiality. The punishment of imprisonment ranging from
three (3) to eight (8) years and a fine of not less than Five hundred thousand Philippine pesos
(P500,000.00) but not more than One million Philippine pesos (P1,000,000.00), shall be imposed on a
person convicted for a violation under Section 9(c) 0r Section 8-A on information security and
confidentiality of this Act. If the offender is public official or employee, he shall, in addition to the
penalties prescribed herein, suffer the penalty of perpetual or temporary absolute disqualification from
public office, as the case may be. In the case of a breach of confidentiality that is published or reported
by media, the responsible reporter, writer, president, publisher, manager and editor-in-chief shall be
liable under this Act."

Section 8. Section 20 of the same Act is hereby amended to read as follows:

"Section 20. Non-Intervention in the Bureau of Internal Revenue (BIR) Operations. - Nothing contained
in this Act nor in related antecedent laws or existing agreements shall be construed to allow the AMLC
to participate in any manner in the operation of the BIR. The AMLC, may, however, coordinate with the
BIR On investigations in relating to violations of Section 254 of NIRC, as amended, as a predicate
offense to money laundering."

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Section 9. Implementing Rules and Regulations. - The AMLC shall, within ninety (90) days from the effectivity of this
Act, issue the necessary rules and regulations.

Section 10. Separability Clause. - If any provision or section of this Act is held to be unconstitutional or invalid, the
other provisions or sections hereof, which are not affected thereby shall continue to be in full force and effect.

Section 11. Repealing Clause. - All provisions of existing laws, orders, rules and regulations, or parts thereof which
are in conflict or inconsistent with provisions of this Act are hereby repealed or modified accordingly: Provided, That
all provisions of Republic Act No. 9160, as amended, which are not inconsistent with this Act are hereby adopted.

Section 12. Effectivity.- This Act shall take effect immediately after the completion of its publication in the Official
Gazette or in a newspaper of general circulation.

Approved,

(SGD.) VICENTE C. SOTTO III (SGD.) LORD ALLAN JAY Q. VELASCO

President of the Senate Speaker of the House of Representatives

This Act which is a consolidation of House Bill No. 7904 and Senate Bill No. 1495 was passed by the House of
Representatives and the Senate of the Philippines on January 20, 2021.

(SGD.) MYRA MARIE D. VILLARICA (SGD.) MARK LLANDRO L. MENDOZA

Secretary of the Senate Secretary General House of Representatives

Approved: JAN 29 2021

(SGD.) RODRIGO ROA DUTERTE

President of the Philippines

The Lawphil Project - Arellano Law Foundation

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