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| Patriot Law |
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BANK OF TOKYO-MITSUBISHI UFJ (HOLLAND) NV
GLOBAL CERTIFICATION REGARDING CORRESPONDENT ACCOUNTS FOR
FOREIGN BANKS
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The information contained in this Certification is sought pursuant to Sections 5318(j) and 5318(k) of Title 31 of the
United States Code, as added by sections 313 and 319(b) of the USA PATRIOT Act of 2001 (Public Law 107-56).
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This Certification should be completed by any foreign bank that maintains a correspondent account with any U.S. bank or U.S. broker-dealer
in securities (a covered financial institution as defined in 31 C.F.R. 103.175(f)). An entity that is not a foreign bank is not required
to complete this Certification. A foreign bank is a bank organized under foreign law and located outside of the United States (see definition
at 31 C.F.R. 103.11(o)). A bank includes offices, branches, and agencies of commercial banks or trust companies, private banks, national banks,
thrift institutions, credit unions, and other organizations chartered under banking laws and supervised by banking supervisors of any state (see
definition at 31 C.F.R. 103.11(c)).*
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A Correspondent Account for a foreign bank is any account to receive deposits from, make payments or other disbursements on behalf of a foreign
bank, or handle other financial transactions related to the foreign bank.
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Special instruction for foreign branches of U.S. banks: A branch or office of a U.S. bank outside the United States is a foreign bank.
Such a branch or office is not required to complete this Certification with respect to Correspondent Accounts with U.S. branches and offices of the
same U.S. bank.
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Special instruction for covering multiple branches on a single Certification: A foreign bank may complete one Certification for its branches
and offices outside the United States. The Certification must list all of the branches and offices that are covered and must include the information
required in Part C for each branch or office that maintains a Correspondent Account with a Covered Financial Institution. Use attachment sheets as
necessary.
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* A “foreign bank” does not include any foreign central bank or monetary authority that functions as a central bank, or any international financial
institution or regional development bank formed by treaty or international agreement.
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| A.   |
The undersigned financial institution, Bank of Tokyo–Mitsubishi (Holland) UFJ N.V. and its branches in the attached list (collectively,
the “Foreign Banks”) hereby certify as follows:
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| B. |
Correspondent Accounts Covered by this Certification:
This Certification applies to all accounts established for each of the Foreign Banks by Covered Financial Institutions.
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| C. |
Physical Presence/Regulated Affiliate Status:
Each of the Foreign Banks maintains a physical presence and is a regulated branch. That means each of the Foreign Banks in the attached list has
a place of business at the street address set forth in the attached list, where it employs one or more individuals on a full-time basis and maintains
operating records related to its banking activities. It is authorized to conduct banking activities in the country where its place of business is located
and is subject to inspection by the banking authority identified in the attached list that licensed the particular Foreign Bank to conduct banking activities.
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| D. |
Indirect Use of Correspondent Accounts:
No Correspondent Account maintained by a Covered Financial Institution may be used to indirectly provide banking services to certain foreign banks. The Foreign
Banks hereby certify that they do not use any Correspondent Account with a Covered Financial Institution to indirectly provide banking services to any foreign
bank that does not maintain a physical presence in any country and that is not a regulated affiliate.
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| E. |
Ownership Information:
Foreign Bank has no owners except as set forth below.
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Name and Address of Owner(s) |
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| Name |
Address |
| Mitsubishi UFJ Financial Group, Inc. |
7-1, Marunouchi 2-chome
Chiyoda-ku, Tokyo 100-8388
Japan
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| The Bank of Tokyo-Mitsubishi UFJ, Ltd. |
7-1, Marunouchi 2-chome
Chiyoda-ku, Tokyo 100-8388
Japan
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| F. |
Process Agent:
The following individual or entity: The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch is a resident of the United States at the following street address:
1251 Avenue of the Americas, New York, New York 10020-1104, and is authorized to accept service of legal process on behalf of Foreign Bank from the Secretary
of the Treasury or the Attorney General of the United States pursuant to Section 5318(k) of title 31, United States Code.
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Name and Address of Agent Designated to Accept Service of Legal Process |
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| Name |
Address |
Phone No. |
Fax No. |
E-mail Address |
The Bank of
Tokyo-Mitsubishi UFJ, Ltd.,
New York Branch
Attn.: Legal & Compliance
Office for the Americas
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1251 Avenue of the
Americas, New York,
New York 10020-1104
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212-782-4620 |
212-782-6420 |
LCOA@btmna.com |
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| G. |
General:
The Foreign Banks hereby agree to notify in writing each Covered Financial Institution at which they maintain any Correspondent Account of any change in facts or
circumstances reported in this Certification. Notification shall be given within 30 calendar days of such change.
The Foreign Banks understand that each Covered Financial Institution at which it maintains a Correspondent Account may provide a copy of this Certification to the
Secretary of the Treasury and the Attorney General of the United States. The Foreign Banks further understand that the statements contained in this Certification may
be transmitted to one or more departments or agencies of the United States of America for the purpose of fulfilling such departments’ and agencies’ governmental
functions.
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We, Norihiko Kato and Gijsbert W. Giebel (name of signatories), certify that we have read and understand this Certification, that the statements made in this
Certification are complete and correct, and that we are authorized to execute this Certification on behalf of the Foreign Banks.
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Norihiko Kato
Managing Director and
Deputy General Manager
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Gijsbert W. Giebel
Assistant General Manager and
Compliance Officer
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Executed on this 5th day of April, 2006.
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APPENDIX B TO SUBPART 1 OF PART 103 –
RECERTIFICATION REGARDING CORRESPONDENT ACCOUNTS FOR FOREIGN
BANKS
(OMB CONTROL NUMBER 1505-0184)
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The information contained in this Certification is sought pursuant to Sections 5318(j) and 5318(k) of the United States Code, as
added by sections 313 and 319(b) of the USA PATRIOT Act of 2001 (Public Law 107-56)>
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The undersigned financial institution, Bank of Tokyo-Mitsubishi UFJ (Holland) N.V. and its branches as outlined in the attachment (“Foreign Bank”),
hereby certifies as follows:
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| 1.   |
Foreign Bank has executed a Certification dated April 5, 2006 (the Certification”) relating to one or more Correspondent Accounts
maintained by The Bank of Tokyo-Mitsubishi UFJ, Ltd., New York Branch for Foreign Bank. Terms in the Certification have the same meaning
in this Recertification.
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| 2. |
The information contained in the Certification remains true and correct.
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Foreign Bank understands that each Covered Financial Institution at which it maintains a Correspondent Account may provide a copy of this
Recertification to the Secretary of the Treasury and the Attorney General of the United States. Foreign Bank further understands that the statements
contained in this Recertification may be transmitted to one or more departments or agencies of the United States of America for the purpose of fulfilling
such departments’ and agencies’ governmental functions.
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We, Katsuya Ohara and Gijsbert W. Giebel, certify that we have read und understand the Recertification, that the statements made in this Recertification are complete
and correct, and that we are authorized to execute this Recertification on behalf of Foreign Bank.
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Katsuya Ohara
General Manager and
Managing Director
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Gijsbert W. Giebel
Assistant General Manager and
Compliance Officer
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| Executed on this 22nd day of January 2009. |
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ATTACHMENT
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| HEAD OFFICE AND FOREIGN BRANCH |
| NAME |
Physical address |
Country |
Status |
Inspecting Banking Authority |
| Head Office |
World Trade Center Tower D – Fifth Floor Strawinskylaan 565 1077 XX Amsterdam |
The Netherlands |
Physical Presence |
De Nederlandsche Bank NV (The Dutch Central Bank) |
| Vienna Branch |
Schwarzenbergplatz 5/3.2 1030 Vienna |
Austria |
Physical Presence |
De Nederlandsche Bank NV (The Dutch Central Bank) |
| Prague Branch |
Klicperova 3208 / 12 150 00 Prague 5 |
Czech Republic |
Physical Presence |
De Nederlandsche Bank NV (The Dutch Central Bank) |
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