EXHIBIT 27(h)(1)(iii)
AMENDMENT NUMBER TWO TO THE
PARTICIPATION AGREEMENT
AMONG
ADVANTUS SERIES FUND, INC.
ADVANTUS CAPITAL MANAGEMENT, INC.
AND
MINNESOTA LIFE INSURANCE COMPANY
ANTI-MONEY LAUNDERING AMENDMENT
TO
PARTICIPATION AGREEMENT
The Participation Agreement ("Agreement") dated March 1, 2000, by and
between Advantus Series Fund, Inc. (the "Fund"), Advantus Capital Management,
Inc. and Minnesota Life Insurance Company ("Minnesota Life") is hereby amended
by the addition of the following:
I
COMPLIANCE WITH ANTI-MONEY LAUNDERING LAWS AND REGULATIONS
Minnesota Life agrees to comply with any and all laws, regulations, and
other requirements relating to money laundering, including, without limitation,
the International Money Laundering Abatement and Anti-Terrorist Financing Act of
2001 (Title III of the USA Patriot Act), hereinafter, collectively with the
rules, regulations and orders promulgated thereunder, the "Act," and any
requirements and/or requests in connection therewith, made by regulatory
authorities, the Fund or the Fund's underwriter or their duly appointed agents,
either generally or in respect of a specific transaction, and/or in the context
of a "primary money laundering concern" as defined in the Act.
Minnesota Life agrees as a condition precedent to any transaction taking or
continuing to be in effect, to comply with any and all anti-money laundering
laws, regulations, orders or requirements, and without prejudice to the
generality of the above, to provide regulatory authorities, the Fund, the Fund's
underwriter or their duly appointed agents, with all necessary reports and
information for them to fulfill their obligations, if any, under the Act for the
purposes of the Fund, the Fund's underwriter, or other third parties complying
with any and all anti-money laundering requirements, including, without
limitation, the enhanced due diligence obligations, imposed by the Act, the
filing of Currency Transaction Reports and/or of Suspicious Activity Reports
obligations required by the Act, and/or the sharing of information requirements
imposed by the Act.
In the event satisfactory reports and information are not received within a
reasonable time period from the date of the request, the Fund or the Fund's
underwriter reserve the right to reject any transaction.
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Further, Minnesota Life represents that it has not received notice of, and
to its knowledge, there is no basis for, any claim, action, suit, investigation
or proceeding that might result in a finding that Minnesota Life is not or has
not been in compliance with the Act, and the rules and regulations promulgated
thereunder. Minnesota Life agrees to notify the Fund and the Fund's underwriter
promptly if the representation in the previous sentence is no longer true or if
Minnesota Life has a reasonable basis for believing that such representation may
no longer be true.
All other terms and provisions of the Agreement not amended herein shall
remain in full force and effect.
Effective as of October 28, 2002.
Advantus Series Fund, Inc. Minnesota Life Insurance Company
By: By:
--------------------------------- ---------------------------------
Name: Xxxxxx X. Xxxxxxx Name: Xxxxx X. Xxxxxxx
Title: President Title: Executive Vice President
Advantus Capital Management, Inc.
By:
---------------------------------
Name: Xxxxxx X. Xxxxxxx
Title: President
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