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Osmeña: Inclusion in AMLA won’t hurt real-estate industry

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Senator Sergio Osmeña III. INQUIRER FILE PHOTO

MANILA, Philippines—Sen. Sergio Osmeña has defended the inclusion of real estate transactions on the list of activities that need to be reported to the Anti-Money Laundering Council if they involve an outright cash payment of $10,000 or P420,000.

Osmeña, author of Senate Bill No. 3123 that increases the number of covered activities and predicate crimes under the Anti-Money Laundering Act (AMLA), dismissed criticism that the proposal, if enacted, would dampen the real-estate industry in the country.

Osmeña said some of his colleagues had expressed concern over the inclusion of real estate transactions on the list of covered activities.

“I did tell them that one of the biggest money laundering activities in this country is buying real estate. The big drug dealers buy real estate,” Osmeña told reporters last week.

“They’ll buy in Cebu, Davao, in Zamboanga…all over. Then after one or two years, they’d sell and [the proceeds] would already be legal,” he said.

Osmeña said this was why in many countries, real-estate dealers were covered by reporting requirements under antimoney laundering regulations.

Aside from real estate agents, also proposed to be covered by the reporting requirements are casinos, those persons dealing in precious metals and stones, and those managing investment funds, among others.

The Philippines was fortunate the Paris-based Financial Action Task Force (FATF) didn’t impose sanctions after the Senate failed to pass his bill before the congressional recess, Osmeña said.

The measure was the third among three regulations the FATF demanded from the Philippines.

Congress already passed the first two and the Philippines was upgraded from the FATF’s dark gray list to its gray list—or the roster of countries taking up measures to comply with antimoney laundering standards.

The Philippines’ failure to pass Osmeña’s measure raised fears the FATF would relegate the country to its blacklist during its meeting in the middle of October. Fortunately for the country, it did not.

Being on the blacklist would have meant stringent even restrictive international regulations involving financial transactions to and from the Philippines.

It would have severely affected the country’s overseas Filipino workers.


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Short URL: http://business.inquirer.net/?p=89700

Tags: AMLA , Anti-Money Laundering Council , real estate transactions , Sen. Sergio Osmeña

  • http://pulse.yahoo.com/_WIWYLFLU4LPKS7B2ZLLRVFKS3Y vir_a

    But it should not be the broker who shall be obliged to make the report to AMLA. It should be the developer, the seller or those who received the money. The broker does not receive the payment but only arrange the sale, purchase or rent of real estate property. The report shall be based on actual amount received as payment, not amount of the sale. Most of the sales are on installment. There is a real estate boom right now. With the passage of this bill, the book could go bust, make difficult for developers to obtains cash from buyers, make developers more dependent on banks, as I am sure there are many buyers who do not want their names to appear in AMLA records, even they are not engaged in money laundering.

  • http://pulse.yahoo.com/_47AS3MXEHKUW6IEMD5W3CCDWKQ gary

    And how many have AMLA prosecuted with the 10,000 USD thereshold? NIL

  • http://www.facebook.com/aldin.rrt Al Calde

    If the money is legally earned why so scared?
    10,000$ is meaningless? What about 10 transactions of 10k$ ?
    It should even be go down to as low as 5k$!
    And transaction should be supported by bank documents for the last 6months, 3 months payslip and the source of the money if from donation.

    • http://pulse.yahoo.com/_47AS3MXEHKUW6IEMD5W3CCDWKQ gary

      Who’s scared?10 transaction of 10K usd of same person entity is definitely a red flag, but one transaction of 10K USD for a real estate deal will definitely affect the effectivity of the AMLC. These laws should be a deterrent tool and better to catch one or two high profile cases than investigate all deals worth 10K transactions. 

  • rolandtr

    Every real estate company knows that their costumer base are the following: 1. foreigners married to Filipinos, 2. OFWs for units lower than 2M, and 3) politicians investing their extra cash. Will these hurt the industry? Maybe. But will it be good for the country? Of course it will be good for the country….

  • http://pulse.yahoo.com/_47AS3MXEHKUW6IEMD5W3CCDWKQ gary

    $10,000 or P420,000 is a low base. The AMLA will be deluged with meaningless info. The thereshold should be higher.

  • LabkoPinas

    I agree with Senator Osmena. The big drug dealers here in Iloilo are doing it now even to the point of lending the farmer beneficiaries of land reform huge amouns of money to buy their land reformed acquired lands. A lot of money that even if disguised as a loan will never be affordably paid back by this farmers and as such is a sale.



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