Disclosure Requirements – Kenya

In accordance with domestic market laws, investors may be required to disclose their relevant interest in Government Securities. Clearstream may be requested to comply with certain disclosure requirements set by the Central Bank of Kenya and/or the Capital Market Authority. For instance, Clearstream may be requested to report the holdings of financial instruments per each final beneficial owner details. Clients will be informed of these disclosure requests by a specific notification. The notification will also advise clients whether they are required to send an instruction or not.

Consent

In order to comply with the applicable legislation, clients entering into transactions in the Kenyan domestic market consent, and are hereby deemed to consent, to disclosure and to the appointment of the requestor as their attorney-in-fact, under power of attorney, to collect from Clearstream directly or through any custodian such information as is required to be disclosed. Clients who do not want to grant such authority to Clearstream should refrain from holding such securities in their account with Clearstream.

Clients are advised to seek legal guidance on the existence and scope of any potential disclosure requirements applicable to such clients and relating to their holdings. Clearstream is not responsible for advising clients on the validity and extent of disclosure requests.

Background and legal basis

Specific disclosure requirements for clients are enshrined under Kenya's Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) laws, primarily The Proceeds of Crime and Anti-Money Laundering Act (POCAMLA) (CAP.59A), Section 45.