Compliance, FATCA, Insider information

Federal Law No. 173-FZ “On Specific Features Related to the Execution of Financial Transactions with Foreign Citizens and Legal Entities, On Amending the Code of Administrative Offenses of the Russian Federation and Invalidating Certain Provisions of Legislative Acts of the Russian Federation” dated June 28, 2014.

In accordance with Federal Law No. 173-FZ “On Specific Features Related to the Execution of Financial Transactions with Foreign Citizens and Legal Entities, On Amending the Code of Administrative Offenses of the Russian Federation and Invalidating Certain Provisions of Legislative Acts of the Russian Federation” dated June 28, 2014, please be advised that Bank GPB (JSC) was registered by the US IRS as a Participating Foreign Financial Institution (PFFI) for FATCA purposes and the Global Intermediary Identification Number (GIIN) 6ID7RE.00000.LE.643 was assigned.

In order to comply with Clause 3, Article 2 of the Federal Law of June 28, 2014 No. 173-FZ "On Specific Features Related to the Execution of Financial Transactions with Foreign Citizens and Legal Entities, On Amending the Code of Administrative Offenses of the Russian Federation and Invalidating Certain Provisions of Legislative Acts of the Russian Federation” dated June 28, 2014, Bank GPB (JSC) approved under Resolution No. 292 of July 10, 2014 the following criteria for classifying customers (contractors) of Bank GPB (JSC) as US tax residents, as well as the methods for receiving from customers the information necessary for them to be treated as US tax residents (at the discretion of Bank GPB (JSC):  

• Identification based on the principle of self-certification, that is, by receiving from customers (contractors) completed questionnaires developed and approved by Bank GPB (JSC) in order to identify US tax residents and special forms W-8/W-9 provided for in US tax laws;
• Identification by the Bank GPB (JSC) of customers (counterparties) who, as of July 1, 2014, had contractual relations with Bank GPB (JSC) (if sufficient data are available).

Bank GPB (JSC) fulfills the requirements of Federal Law No. 340-FZ “On Amendments to Part One of the Tax Code of the Russian Federation in Connection with the Implementation of Automatic International Exchange of Information and Documentation on International Groups of Companies” dated November 27, 2017.

In this section you can familiarize yourself with the List of Insider Information of Gazprombank (Joint Stock Company) (hereinafter – Bank GPB (JSC)) pursuant to the requirements of Federal Law No. 224-FZ “On countering the Misuse  of Insider Information and Market Manipulation and On Amendments to Some Legislative Acts of the Russian Federation” (hereinafter – Law No. 224-FZ). 

In accordance with Article 4 of Law No. 224-FZ, Bank GPB (JSC) acts an insider in its capacity as:

• An issuer (Clause 1, Article 4, of Law No. 224-FZ); 
• A professional  securities market participant and an entity performing on behalf of its customers transactions with financial instruments, foreign currency and/or goods in relation to which insider information was received from customers (Clause 4, Article 4 of Law No. 224-FZ); 
• An entity having access to the insider information of the parties specified in Clauses 1-4, Article 4 of Law No. 224-FZ, on the basis of agreements concluded with the relevant parties (Clause 5, Article 4 of Law No. 224-FZ;
• An entity holding at least 25% of the votes in the supreme governing body of the parties referred to in Clauses 1-4, Article 4 of Law No. 224-FZ, as well as an entity which, by virtue of owning an equity interest (stake) in the authorized capital of these parties, has access to insider information on the basis of federal laws or statutory documents (Clause 6, Article 4 of Law No. 224-FZ);
• An entity which has access to information on a voluntary, mandatory or a competing offer submitted to purchase shares in accordance with Russian law on joint-stock companies, including an entity which submitted voluntary or competing offers to a joint-stock company, or a credit institution that provided a bank guarantee (Clause 8, Article 4 of Law No. 224-FZ).

In accordance with the requirement of Clause. 1, Article 3 of Law No. 224-FZ, Bank GPB (JSC) approved the list of Gazprombank’s insider information.

The list of insider information of Gazprombank (Joint Stock Company) was approved by Order No. 28 dated February 16, 2018 (valid from February 16, 2018 until the present).

The insider information of GPB Bank (JSC) shall be applicable to the following financial instruments.

From the date on which a person/entity is entered on the Bank's Insider List, restrictions shall be imposed as an insider, as specified in Article 6 of Law No. 224-FZ, said person/entity shall be liable pursuant to Article 7 of Law No. 224-FZ, while being subject to the obligations envisaged in Article 10 of the Law No. 224-FZ.

In accordance with Article 6 of Law No. 224-FZ, it shall be prohibited to use insider information: 

• To perform transactions involving transactions with financial instruments, foreign currency and/or goods subject to insider information, at the expense of an insider person/entity or at the expense of a third party, except for transactions performed to fulfill the obligation to buy or sell financial instruments, foreign currency and/or goods, the date of execution of which elapsed, if such an obligation arose as the result of a transaction performed before the insider information became known to the person/entity;
• By transferring it to another person/entity, with the exception of cases involving the transfer of this information to a person/entity included in the list of insiders, in connection with the execution of obligations established by federal laws, or in connection with the discharge of labor duties or the performance of a contract;
• By issuing recommendations to third parties, obliging or otherwise encouraging them to purchase or sell financial instruments, foreign currency and/or goods. 

Under the requirements of Article 10 of the Law No. 224-FZ, an insider included in the List of Bank GPB (JSC) insiders as an issuer and/or person/entity having access to insider information of the persons/entities specified in Clauses. 1-4, Article 4 of Law No. 224-FZ, on the basis of agreements concluded by Bank GPB (JSC) with relevant persons/entities, in the manner established by the Regulations “On the Procedure and Deadlines for Insiders to Serve Notice about the Transactions They Perform”, approved by Order No. 13-51 /pz-n of the Federal Financial Markets Service of Russia dated June 18, 2013, shall be required to serve notice to Bank GPB (JSC):

• About operations with securities issued by Bank GPB (JSC) and/or legal entities that included Bank GPB (JSC) in their insider lists;
• On the conclusion of contracts that are derivative financial instruments, the underlying asset of which are the abovementioned securities;
• On the conclusion of contracts, which are derivative financial instruments, the underlying asset of which are goods produced by the abovementioned legal entities, which are the persons/entities specified in Clause 2, Article 4 of Law No. 224-FZ. 

All such notices must be submitted within 10 (ten) business days from the date of the transaction.

Notices can be submitted as follows:

• By forwarding an electronic document signed with an electronic signature;
• By mailing a registered notice with a return receipt;
• By submitting a notice to the mailroom and courier service of the abovementioned organizations.

When forwarding notices of transactions performed, one of the following forms can be filled out:

• Notice of a Transaction Performed
• Notice of Transactions Performed 

All instances involving misuse of insider information of Bank GPB (JSC) should be reported to the Internal Control Department (Compliance Service) of Bank GPB (JSC) and the Bank of Russia.

Information on persons in charge of maintaining Insider List of Bank GPB (JSC):

Ekaterina V. Kaganova

Telephone Number: +7 (495) 913-7474

Olga B. Guryanova

Telephone Number: +7 (495) 287-6369

Email address: gpb_224@gazprombank.ru