ANTI-MONEY LAUNDERING AMENDMENT
Exhibit (e)(1)
ANTI-MONEY LAUNDERING AMENDMENT
This ANTI-MONEY LAUNDERING AMENDMENT (this “Amendment”) amends as of the 29th day
of August, 2002 (the “Effective Date”), the Distribution Agreement, dated as of March 1, 1999,
between The Vantagepoint Funds, a Delaware Business Trust (the “Fund”) and RC Services, LLC, a
Delaware limited liability company (the “Distributor”) (the “Agreement”).
WHEREAS, Distributor sells and arranges for the sale of the Fund’s shares of beneficial
interest (“Shares”) pursuant to the Agreement;
WHEREAS, Distributor receives orders for the purchase of Shares from investors;
WHEREAS, Distributor has implemented various anti-money laundering (“AML”) procedures as
described below, which Distributor 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 Distributor, as permitted by the USA PATRIOT Act and the regulations thereunder
(collectively, the “PATRIOT Act”).
WHEREAS, the Fund and Distributor desire to amend the Agreement to reflect such services
explicitly;
NOW THEREFORE, the Fund and Distributor 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 Distributor to establish,
maintain and monitor accounts of investors in the Fund, the Fund hereby delegates to
Distributor the responsibility for the implementation and operation of the Fund AML
Policy and Distributor 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, Distributor 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 Distributor’s AML
program or by an outside party, for compliance with Distributor’s established policies
and procedures; (c) designate a person or persons responsible for implementing and
monitoring the operation and internal controls of Distributor’s AML program; and (d)
provide ongoing training of Distributor personnel relating to the prevention of
money-laundering activities. Upon the reasonable request of the Fund, Distributor
shall provide to the Fund’s AML Compliance Officer (the “Fund CO”): (x) a copy of
Distributor’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 Distributor’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.
Unless otherwise performed by the Fund’s transfer agent, Distributor 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 Distributor regarding its
services hereunder, Distributor shall cooperate with and permit examinations of its
records and personnel by such regulator, coordinating any such response with the Fund
CO. Distributor also agrees to make available to examiners from such regulatory
agencies any information and records relating to the Fund AML Policy.
The Distributor 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: | ||||
RC SERVICES, LLC
| By: | ||||
| Name: | ||||
| Title: | ||||
