ANTI-MONEY LAUNDERING AMENDMENT
Exhibit (h)(6)
ANTI-MONEY LAUNDERING AMENDMENT
This ANTI-MONEY LAUNDERING AMENDMENT (this “Amendment”) amends as of the 29th day
of August, 2002 (the “Effective Date”), the Transfer Agency and Administrative Services Agreement,
dated as of March 1, 1999, between The Vantagepoint Funds, a Delaware Business Trust (the “Fund”)
and Vantagepoint Transfer Agents, LLC, a Delaware limited liability company (the “Transfer Agent”)
(the “Agreement”).
WHEREAS, Transfer Agent provides certain transfer agency, dividend disbursing and shareholder
services to the Fund pursuant to the Agreement;
WHEREAS, Transfer Agent maintains certain information regarding the identity of investors for
the Fund;
WHEREAS, Transfer Agent has implemented various anti-money laundering (“AML”) procedures as
described below, which Transfer Agent has found to be reasonable, and the Fund desires to delegate
the implementation and operation of certain aspects of its AML Policy and Procedures (“Fund AML
Policy”) to Transfer Agent, as permitted by the USA PATRIOT Act and the regulations thereunder
(collectively, the “PATRIOT Act”).
WHEREAS, the Fund and Transfer Agent desire to amend the Agreement to reflect such services
explicitly;
NOW THEREFORE, the Fund and Transfer Agent hereby agree that, as of the Effective Date, the
Agreement shall be amended by adding the following new provision:
| 1. | Anti-Money Laundering. |
To the extent the other provisions of the Agreement require Transfer Agent to
establish, maintain and monitor accounts of investors in the Fund, the Fund hereby
delegates to Transfer Agent the responsibility for the implementation and operation of
the Fund AML Policy and Transfer Agent accepts such delegation and shall perform all
reasonable actions necessary to help the Fund be in compliance with United States
federal AML laws applicable to investor activity, including the Bank Secrecy Act and
the PATRIOT Act, as described hereinafter.
In this regard, Transfer Agent shall: (a) establish and implement written internal
policies, procedures and controls reasonably designed to prevent the Fund from being
used to launder money or finance terrorist activities; (b) provide for independent
testing, by an employee who is not responsible for the operation of Transfer Agent’s
AML program or by an outside party, for compliance with Transfer Agent’s established
policies and procedures; (c) designate a person or persons responsible for implementing
and monitoring the operation and internal controls of Transfer Agent’s AML program; and
(d) provide ongoing training of Transfer Agent personnel relating to the prevention of
money-laundering activities. Upon the reasonable request of the Fund, Transfer Agent
shall provide to the Fund’s AML Compliance Officer (the “Fund CO”): (x) a copy of
Transfer Agent’s written AML policies and procedures (it being understood such
information is to be considered confidential and treated as such and afforded all
protections provided to confidential information under this Agreement); (y) a report or
make a presentation to the Fund CO periodically summarizing the Transfer Agent’s
compliance with the Fund AML Policy as well as its own AML program, any reports filed
during the year and any compliance problems encountered during the year; and (z) a
summary of the AML training provided for appropriate personnel.
Transfer Agent shall also: (i) collect and maintain investor information, verify the
identity of investors and check investor identities against all government lists of
known or suspected terrorists and terrorist organizations in compliance with the
procedures set forth in the Fund AML Policy and the PATRIOT Act; (ii) provide notice of
the Fund’s customer identification procedures to prospective investors in the manner
permitted by the PATRIOT Act before an account is opened; (iii) maintain records of the
information collected and methods used to verify investor identity in compliance with
the PATRIOT Act; (iv) monitor investor accounts for suspicious activity to the extent
required by AML laws or the PATRIOT Act; and (v) make any required regulatory filings
on behalf of the Fund including, but not limited to, Form 8300s and suspicious activity
reports (to the extent required by AML laws) and promptly provide a copy of all such
reports filed to the Fund CO.
To the extent that a Fund regulator wishes to examine Transfer Agent regarding its
services hereunder, Transfer Agent shall cooperate with and permit examinations of its
records and personnel by such regulator, coordinating any such response with the Fund
CO. Transfer Agent also agrees to make available to examiners from such regulatory
agencies any information and records relating to the Fund AML Policy.
The Transfer Agent also agrees to promptly notify the Fund if circumstances change
which would prevent it from performing the functions described in this Amendment.
2. General. This Amendment contains the entire understanding between the parties with
respect to the services contemplated hereby. Except as expressly set forth herein, the Agreement
shall remain unaffected hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly
authorized officers, as of the day and year first above written.
| By: | ||||
| Name: | ||||
| Title: | ||||
VANTAGEPOINT TRANSFER AGENTS, LLC
| By: | ||||
| Name: | ||||
| Title: | ||||
