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APPENDIX A TO SUBPART I OF PART 103-
CERTIFICATION REGARDING CORRESPONDENT ACCOUNTS
FOR FOREIGN BANKS
[OMB Control Number 1505-0184]
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).
This Certification should be completed by any foriegn 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
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, trift 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)).*
A Correspondent Account for a foreign bank is any account to receive deposits
from, make payments or other disbursement on behalf of a foreign bank, or handle
other financial transactions related to the foreign bank.
Special instruction for foreign branches of U.S. banks: A branch or office of a U.S. bank
outside the United Sates 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 U.S. bank.
Special instruction for covering multiple branches an 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 Covered Financial Institution. Use attachement sheets as necessary.
A. The undersigned financial institution. Philippine Bank of Communications
("Foreign Bank") hereby certifies as follows:
* 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.
B. Correspondent Accounts Covered by this certification: Check one box
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This Certification applies to all accounts established for Foreign Bank by Covered Financial Institutions.
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This Certification applies to Correspondent Accounts established by
Philippine Bank of Communications for Foreign Bank.
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C. Physical Presence/Regulated Affilliate Status: Check one box and complete the blanks.
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Foreign Bank maintains a physical presence in any country: That means:
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Foreign Bank has a place of business at the following street address:
PBCom Tower, 6795 Ayala Ave. cor. V.A. Rufino St., Makati City
where Foreign Banks employs one or more individuals on a full-time basis and
maintains operating records related to its banking activities.
- The above address is in the Philippines, where Foreign Bank
is authorized to conduct banking activities.
- Foreign Bank is subject to inspection by the Bangko Central ng Pilipinas,
, the banking authority that licensed Foreign Bank to conduct banking activities.
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Foreign Bank does not have a physical presence in any country, but Foreign Bank
is a regulated affiliate. That means:
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Foreign Bank is an affiliate of a depository institution, credit union, or a foreign bank
that maintains a physical presence at the following street address: _______________________________, where it
employs one or more persons on a full-time basis and maintains operating records related to its banking activities.
- The above address is in _______________________________,(insert country), where the depository institution,
credit union, or foreign bank is authorized to conduct banking activities.
- Foreign Bank is subject to supervision by ______________________,(insert Banking Authority), the same
banking authority that regulates
the depository institution, credit union, or foreign bank.
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Foreign Bank does not have a physical presence in a country
and is not a regulated affiliate.
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D. Indirect Use of Correspondent Accounts: Check box to certify.
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No Correspondent Account maintained by a Covered Financial Institution maybe used to
indirectly provide banking services to certain foreign banks. Foreign Bank hereby
certifies that it does 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 regulated affiliate.
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E. Ownership Information: Check box 1 to 2 below, if applicable.
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1. Form FR Y-7 is on file. Foreign Bank has filed with the Federal Reserve Board
a current Form FR y-7 and has disclosed its ownership information on item 4 of Form FR Y-7.
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2. Foreign Bank's shares are publicly traded. Publicly traded means that the shares are traded
on an exchange or an organized over-the-counter market that is regulated
by a foreign securities authority as defined in section 3(a)(50) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(50) ).
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If neither box 1 or 2 of Part E is checked, complete item 3 below, if applicable.
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3. Foreign Bank has no owner(s) except as set forth below. For purposes of this
Certification, owner means any reason who, directly or indirectly, (a) owns, controls,
or has power to vote 25 percent or more of any class of voting securities or other
voting interests of Foreign Bank; or (b) controls in any manner the election of a
majority of the directors (or individuals exercising similar functions) of Foreign
Bank. For purposes of this Certification, (i) person means any individual, bank,
corporation, partnership, limited liability company or any other legal entity; (ii)
voting securities or other voting interests means securities or other interests that
entitle the holder to vote for or select directors (or individuals exercising similar
functions); and (iii) members of the same family shall be considered one person.
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Name
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Address
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* The same family means parents, spouses, children, siblings, uncles, aunts, grandparents, grandchildren,
first cousins, stepchildren, stepsiblings, parents-in-law and spouses of any of the foregoing. In determining
the ownership interests of the same family, any voting interest of any family member shall be taken into account.
F. Process Agent: complete the following.
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The following individual or entity: Global Payments Advisory Group is a resident of
the United States at the following street address: 90 Village Green
Bardonia, NY 10954, and is authorized to accept services of legal process on
behalf of Foreign Bank from the Secretary of the Treasury of the Attorney
General of the United States pursuant to Section 5318(k) of title 31, United States
Code.
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Foreign Bank hereby agrees to notify in writing each Covered Financial
Institution at which it maintains 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.
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Foreign banks understands 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
Foreign Bank further understands 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 department' and
Agencies' governmental functions.
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I, Rose Margaret T. Cuatico (name of signatory), certify that I read and
understand this Certifiaction, that the statements made in this Certification are
complete and correct, and that I am authorized to execute this Certification on
behalf of Foreign Bank.
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