On January 29, 2021, President Rodrigo Roa Duterte signed into law Republic Act No. 11521 propounding the Anti-Money Laundering Law to include as Covered Persons the Real Estate Brokers and recopying the definition Real Estate Broker enunciated in Real Estate Service Act (RESA). Republic Act No. 11521 will create a scenario wherein those in illegal practice of real estate service will be outcaste and only those registered and licensed real estate brokers will be in limelight. RESA should be strictly implemented and make its way to align with RA 11521. While waiting for the IRR of this law, all must be aware and mandatorily enforce the RESA that ONLY Registered and Licensed Real Estate Brokers are ALLOWED TO PRACTICE.
Salient Features of Republic Act No. 11521:
1. New State Policy: To extend cooperation in the implementation of targeted financial sanctions related to terrorism, proliferation of weapons of mass destruction and their financing.
2. New covered persons: real estate developers, real estate brokers, offshore gaming operators, and offshore gaming operator service providers;
3. Covered transaction for real estate transaction: (cold) cash transactions in excess of P7.5M.
4. New predicate crimes: violations of Section 254 of the National Internal Revenue Code, and Section 9(a)(3) of the Strategic Trade Management Act;
5. New powers of the AMLC: apply for search and seizure orders and subpoena, implement targeted financial sanctions related to proliferation of weapons of mass destruction and its financing, and manage frozen, preserved and forfeited assets.
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