PHILIPPINE RSM 1267 NOMINATION

S E C R E T SECTION 01 OF 02 MANILA 003707

SIPDIS

SIPDIS

STATE FOR IO/PSC

E.O. 12958: DECL: 11/22/2027
TAGS: EFIN ETTC PTER UNSC RP
SUBJECT: PHILIPPINE RSM 1267 NOMINATION

REF: A. MANILA 1813

B. MANILA 3693

C. SECSTATE 71960

D. ALLAN-MEMMOTT EMAIL OF 10/20/2007

Classified By: Ambassador Kristie A. Kenney for reasons 1.4(b) and (d)


1. (S) Summary: Philippine National Intelligence
Coordinating Agency (NICA) Director General Cesar Garcia told
emboffs at a November 16 meeting that the Philippines had
submitted three months ago its nomination package to the
United Nations 1267 Committee to designate the Rajah Solaiman
Movement (RSM) as a terrorist organization. The 1267
Committee rejected the nomination for insufficient
identification of the individuals named, but NICA has now
revised the nomination and is ready to re-submit it. The
revised nomination package also lists eight RSM members to be
designated as terrorists. A second Philippine nomination
package of eight Jemaah Islamiya (JI) members will be ready
for submission to the 1267 Committee soon. General Garcia
noted that a recent bombing at the Philippine Congress (ref
B) may help NICA's efforts to play a more active role in
regional terror programs as well as push terror designations.
End summary.

Philippines Human Security Act
--------------


2. (S) During a meeting of Philippine and U.S. interagency
teams on November 16, NICA officials discussed both the new
Philippine Human Security Act (HSA) and developments in
Philippine efforts seeking UN and domestic terrorist
designations. The NICA clarified that the HSA, which went
into effect on July 15, 2007, had no impact on Philippine
efforts to obtain UN 1267 Committee designation of RSM as a
terrorist organization. The HSA only affected efforts to
designate under Philippine domestic law. The NICA noted the
HSA contains 62 provisions, but only four provisions were
regarding penalties on terrorists, while 22 provisions were
regarding penalties on law enforcement officials who violated
the rights of suspected terrorists. Further, the HSA
requires that a domestic designation of a terrorist
organization be based on activities committed after the law
went into effect on July 15. Since RSM is not known to have
carried out activities since in the past three months, this
has complicated efforts to designate RSM as a terrorist
organization under domestic law. However, NICA officials
also noted the HSA offered new tools such as surveillance and
wiretaps of suspected terrorists without court warrants.

Submissions Seeking UN designation
--------------


3. (S) NICA explained the HSA has not impeded Philippine
efforts to seek UN designation of RSM as a terrorist
organization. UN designation of the RSM would still empower
Philippine authorities to freeze assets, deny entry, and deny
material support for the organization and its members, but
would not empower Philippine authorities to make any arrests.



4. (S) NICA said it had already submitted its package of
evidence against RSM to the UN 1267 Committee about three
months ago. However, the Committee had rejected the
nomination because of a lack of sufficient identification of
the individuals named. In addition to evidence against the
RSM organization, this "package one" contained the names of
nine RSM members that the Philippines sought to have
designated as terrorists. NICA displayed a package of
documents which had been revised after consultations with the
1267 Committee and was now ready to be re-submitted. The
name of one RSM member, Mariano Ahmad Lamarda, had been
dropped from the package. NICA mentioned that it also had a
"package two" of evidence against eight JI members that it
hoped to submit to the 1267 Committee in the near future.
NICA noted that arrest warrants had already been issued for
all eight RSM members mentioned in package one, and that most
were already in custody.


5. (S) NICA said that in its capacity as head of the newly
formed Anti-Terror Committee (ATC, a new organization
established by the HSA) it could make submissions directly to
the Philippine Department of Foreign Affairs without sending
them through the National Security Advisor. Also in its
capacity as head of the ATC, NICA said it was considering
hosting the next meeting of the ASEAN 1267 Committee (a group
composed of the Philippines, Indonesia, Malaysia, Singapore,
and Thailand) in February 2008. The Philippines wished to

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discuss regional trade in ammonium nitrate, used in making
bombs, at this meeting. NICA said political support for its
efforts to play a more active role in regional anti-terror
programs, along with terror designation efforts, were boosted
by the recent bomb attack at the Philippine Congress (ref B)
which allegedly involved members of the Abu Sayaff Group, a
U.S.-listed terror organization.
KENNEY