Appendix №4 to the Rules of internal control on combating against legalization (laundering) of illegally gained income and terrorism financing Bank Questionnaire I. Bank’s Profile Full registered legal name Joint-Stock Company “BTA Bank” Short name JSC «BTA Bank» Legal form Joint-Stock Company Registration number 3903-1900-АО Country of registration Republic of Kazakhstan Registration body Ministry of Justice Date of registration 27.01.1997 Tax identification number 600900114104 ABKZKZKX SWIFT,TELEX (785)251393 ROSA KZ Banking identification code ABKZKZKX 97, Dzholdasbekov str., Samal-2, Registered address Kazakhstan, 050051, Almaty 97, Dzholdasbekov str., Samal-2, Business address Kazakhstan, 050051, Almaty 97, Dzholdasbekov str., Samal-2, Correspondence address Kazakhstan, 050051, Almaty +7 (727) 250-01-11, 250-02-22, 8 (8000) 800-111/ Telephone and fax numbers, e-mail +7 (727) 250-02-24 [email protected], [email protected] Website http://www.bta.kz Type of banking General license License number №242 Date of issue of the 04.03.2008 license Authority issued Agency of the Republic of Kazakhstan on regulation and supervision of license financial market and financial organisations http://www.afn.kz 1 186 550 995 971,50 KZT Registered and paid-in capital (as for 01.03.2011) 1 Please, provide information about your management bodies and mark ; those of them, which are present at your place of registration: Management body Surname, first name(s) General meeting ; Board of Directors Anvar Saidenov – Member of the Board of Directors Abai Iskandirov - Member of the Board of Directors Aidan Karibzhanov - Member of the Board of Directors Christoph Schoefboeck – Member of the Board of Directors, Creditor Director Maarten Leo Pronk - Member of the Board of Directors Bolat Babenov - Member of the Board of Directors, Independent Director Yurki Talvite – Member of the Board of Directors, Independent Director Konstantin Korishchenko - Member of the Board of Directors, Independent Director ; Chief executive officer (or equivalent) Arman Dunayev – Chairman of the Board of Directors ; Management Board Anvar Saidenov– Chairman of the Board Nikolai Varenko - First Deputy Chairman of the Board Abilakim Zhumakhmetov - Deputy Chairman of the Board Sergey Yeltsov - Deputy Chairman of the Board Berik Otemurat – Deputy Chairman of the Board Kunsulu Kapbasova– Managing Director – Member of the Board Saida Abuova - Managing Director – Member of the Board Natalya Loginova - Managing Director – Member of the Board Other persons authorized to act on behalf of - your company 2 Please, provide information about shareholders holding 5% or more. Name of shareholder Percentag Place of Name, date and place of birth of beneficial e of share incorporation owner, % of shareholding holding (residence), full (%) address 81,4801 010000, Republic Government of the Republic of JCS “National % of Kazakhstan, Kazakhstan Welfare Fund Astana, Kabanbai “Samruk-Kazyna” Batyr av., А,С,Е Block JCS “Central 15,9983 050020, Republic Securities % of Kazakhstan, - Depository” – Almaty, Dostyk nominal shareholder av., 291/3a Do shareholders participate in other banks (companies)? X Yes No According to the legislation of the Republic of Kazakhstan, banks founded by JSC NWF “Samruk-Kazyna” are not part of the bank conglomerate. If yes, please, give the name and address of the company? Name of shareholder Name of company and place of incorporation /% of (country, city) shareholding Major correspondents and counterparts. Name of company Вид валюты / Type of Place of incorporation (country, currency city)) The Bank of New York Mellon USD / CHF / GBP / JPY/ USA EUR / CAD Standard Chartered Bank USD USA Standard Chartered Bank EUR Germany GMBH Standard Chartered Bank Tokyo JPY Japan Korea Exchange Bank USD South Korea HSBC Bank plc GBP UK JPMorgan Chase Bank NA USD USA Sumitomo Mitsui Banking JPY Japan Corporation Sberbank of Russia USD /RUR Moscow, Russia OJSC "Alfa-Bank" USD /RUR Moscow, Russia 3 JSC " VTB Bank " USD / EUR / CHF Moscow, Russia PJSC "BTA Bank" USD / EUR / UAH Kiev, Ukraine CJSC "BTA Bank" USD / EUR / BYR Minsk, Belarus ОJSC "Agroinvestbank" TJR Dushanbe, Tajikistan JSC "BTA Bank" USD / EUR / GEL Tbilisi, Georgia CJSC "BTA Bank" USD / EUR / AMD Yerevan, Armenia OJSV "ATF Bank-Kyrgyzstan" KGS Bishkek, Kyrgyzstan Do your services include e-banking and/or Internet-banking? x Yes No Is your bank a branch or a subsidiary of another institution? Yes x No If yes, please, give the name and address of the head (parent) company? - Does your bank have branches, subsidiaries, affiliates and representative offices? x Yes No If yes, specify them: http://www.bta.kz/en/group/ Please, describe (in general) your bank’s history, business reputation and market share: — More than 1,2 million private and 132 thousand corporate clients; — 22 branches и 228 units within Kazakhstan; — International representative offices in Ukraine, Russia, UAE, United Kingdom and China; — BTA Bank Network spreads on Russia, Ukraine, Belarus, Armenia, Georgia, Kazakhstan and Turkey. BTA Bank is a second tier Kazakhstani bank, its key shareholder is Government of the Republic of Kazakhstan through the Fund of National Welfare “Samruk-Kazyna” with a share of 81,48%. On February 2, 2009 the Government of the RK accepted an offer of the Agency on regulation and supervision of financial market and financial organizations of the RK about the redemption of controlling shares of the country’s system-making bank JSC “BTA Bank”. The redemption was implemented through an additional issue of bank’s ordinary shares. Total volume was redeemed by JCS National Welfare Fund «Samruk-Kazyna». After the Fund’s entry to the share capital of BTA Bank its financial and investment strategy has changed. BTA has reoriented its business to internal market instead of crediting the projects abroad, having emphasized on qualitative service of corporate and retail clients and investment of reliable profitable projects in Kazakhstan. Within the frames of supporting the real economic sector the Government of RK approved a number of stabilization programs: Financing small and middle enterprise subjects; Financing agricultural subjects; Refinancing of mortgage loans; Financing of house-building completion. Ratings: 4 Standard & Poor’s Long-term credit rating (foreign currency) B- Short-term credit rating (foreign currency) C Long-term credit rating (national currency) B- Short-term credit rating (national currency) C Outlook Stable Moody's Long-term deposit rating (foreign currency) Caa3 Short-term deposit rating NP Bank Financial Strength Rating E Long-term senior unsecured rating Ca Fitch Long-term credit rating (foreign currency) B- Long-term credit rating (national currency) B- Short-term credit rating (foreign currency) B Short-term credit rating (national currency) B Individual rating E Support rating 5 Name of the regulatory body which supervises your bank, frequency of inspections: Agency of the Republic of Kazakhstan on regulation and supervision of financial market and financial organisations Audit company and date of last audit Ernst&Young, on result of 2010 Can you provide us with your audit report? Х yes no II. AML/CTF Controls. 1. Are banks in your home country subject to laws tailored to counter money laundering and terrorism finance? (For banks, which are non-residents of Kazakhstan) X yes no If yes, please, outline laws, rules and standards tailored in your country to prevent money laundering and terrorism financing: The Law of the Republic of Kazakhstan “About counteraction to legalization of the incomes received by an illegal way, and terrorism financing” dated 28.08.2009 №191-IV ЗРК. www.kfm.gov.kz/en/legal-base-kfm/legislation/laws-kfm/ 2. Has your Bank established internal policies, procedures and controls to ensure compliance with the obligations under the existing national legislation and regulations on prevention of money laundering and terrorism finance? X yes no 5 Title of internal AML/CTF act Date of approval - Policy on combating against legalization (laundering) of illegally gained 28.10.2010 income and terrorism financing of BTA Bank JSC - Rules of internal control on combating against legalization (laundering) of illegally gained income and terrorism financing of BTA Bank JSC 28.10.2010 3. Has your Bank established the following procedures? “Know Your Customer” procedures including customer and X yes no beneficiaries identification procedures. Do your procedures include: Providing full details of the ordering customer (account number, name, full address) when fulfilling payment orders. X yes no Acquiring full details of the beneficiary (account number, name, full address) from the ordering client when fulfilling X yes no international payment orders. X yes, in all cases Identifying “walk-ins” (persons that do not have accounts with the bank) by passport / ID card when accepting cash no payments . Checking information about the customers and their transactions X yes no Revealing transactions subject to AML/CTF legislation X yes no Documenting the revealed information and reporting transactions X yes no according to national AML/CTF legislation to the authorized body Records keeping X yes no Confidentiality procedures X yes no Training of personnel in AML/CTF X yes no 4. Has your Bank developed standard forms to document information about customers? X yes no 5. Do you have a risk focused assessment of your customers? yes X no 6. Are your AML/CTF policies and practices applied to all branches and subsidiaries (if