Intermediary declarations
If the intermediary (hereinafter “Intermediary”) provides the below confirmations and is a financial institution regulated in an equivalent country (as per the country classification applied by the Fund, the Company, the Registrar or any other agent used by them for this purpose) or has a parent company (who owns more than 50% of its capital) that is a financial institution regulated in an equivalent country which controls the application of its home AML/KYC laws in its branches and subsidiaries, then the Intermediary may obtain a waiver of the full and detailed identification procedure to be applied. In other cases, the Intermediary must provide the full identification documentation relating to the Account Holder and/or the Ultimate Beneficial Owner (as the case may be) as per applicable laws and regulations or defined by any other competent body or authority in the Grand Duchy of Luxembourg.
The intermediary confirms that:
it has based on the regulation applicable in its country of incorporation appropriate means and internal procedures to prevent and avoid the utilization of the Fund for the purposes of money laundering (i.e. any activity involving the investment, concealment or conversion of the direct or indirect proceeds of criminal activities as listed in Luxembourg laws and regulations) or terrorism financing, and to detect and intercept money laundering channels or chains.
it substantiates, on the basis of probative of official documents, the true identity of 4.4.2.1. all its clients, both regular and occasional, including investors into funds for which it acts as an intermediary, and where its clients are not acting on their own behalf, of final economic beneficiaries (i.e. ultimate beneficial owners) and authorised representatives of the clients hereinafter collectively referred to as the "Client".
It retains related Client identification documentation for a period of at least 10 (ten) years during the relationship and at least (5) five years after the end of its relationship with the Client.
When required by the Fund, the Company, the Registrar or any other competent body or authority, Client identification documents shall be immediately made available to the requesting entity.
Its procedures for the prevention of money laundering and terrorist financing include the monitoring of Client transactions, including, but not limited to, the monitoring of the source and destination of funds, the review of the purpose and object of the transaction, and, with a risk-based approach, applying enhanced checking procedures to transactions which it identifies as unusual in their size, conditions or nature.
It is aware of the terms and information contained in the prospectus, the articles of incorporation and the key investor information document of the Fund and shall
observe them. In particular, it shall not allow the purchase or holding of shares of the Fund or any of its sub-funds by persons not authorized to purchase or hold them under the provisions of the prospectus.
It will make available to its Client that are investors of the Fund all information and notice received from or issued by the Fund, the Company or any of their agents and intended to be provided to the beneficiaries.
It shall not advertise for Clients, solicit Clients, or sell any of the shares of the Fund or its sub-funds, unless it may do so in compliance with the laws and regulation applicable in Luxembourg or in other countries where such advertising, solicitation, offer or sale takes place.
It is aware of the UN – EU, OFAC, CSSF, and Egypt Asset Freeze watch lists contained in regulations concerning identification and declaration of business relations with suspected terrorist groups, persons or entities, or countries subject to embargo, and has checked and will monitor that none of the Clients does appear on such list.
Its officers, employees and all agents it uses comply strictly with all related procedures and controls in place.
It hereby certifies that it 4.4.11.1. is not a shell bank within the meaning given to these terms under U.S. Patriot Act: Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) or any other similar legislation and does not accept shell banks as a Client.
It is complying with FATCA regulations applicable in its country of incorporation and in particular, it has appropriate means and internal procedures to identify and classify its clients according to applicable FATCA regulations.
It has taken knowledge of the applicable General Terms and Conditions and explicitly agrees to clause 7.
This confirmations shall be deemed reiterated at the time of any order placed and shall continue throughout the period of its Client's holdings in the Fund. The Intermediary commits to inform the Fund, the Company and the Registrar if the Intermediary ceases to be regulated or ceases its business relationship with the Account Holder.
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