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sd-10-EFTA01363152Dept. of JusticeOther

EFTA Document EFTA01363152

If Yes Money market instruments, i.e. all types of receivables that are normally traded in the money market, such as promissory notes (Schuldschcino) which are tradable on the money markets and have a residual maturity of up to 12 months Also, Certificate of Deposits (CDs) and Commercial Papers (CPS) are usually money market instruments. II Yes Foreign exchange or units of account, including FX spot (i.e. up to T+2 or as per MiFIRP II Yes Derivatives within the meaning of Annex I,

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Dept. of Justice
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sd-10-EFTA01363152
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Summary

If Yes Money market instruments, i.e. all types of receivables that are normally traded in the money market, such as promissory notes (Schuldschcino) which are tradable on the money markets and have a residual maturity of up to 12 months Also, Certificate of Deposits (CDs) and Commercial Papers (CPS) are usually money market instruments. II Yes Foreign exchange or units of account, including FX spot (i.e. up to T+2 or as per MiFIRP II Yes Derivatives within the meaning of Annex I,

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EFTA Disclosure
Text extracted via OCR from the original document. May contain errors from the scanning process.
If Yes Money market instruments, i.e. all types of receivables that are normally traded in the money market, such as promissory notes (Schuldschcino) which are tradable on the money markets and have a residual maturity of up to 12 months Also, Certificate of Deposits (CDs) and Commercial Papers (CPS) are usually money market instruments. II Yes Foreign exchange or units of account, including FX spot (i.e. up to T+2 or as per MiFIRP II Yes Derivatives within the meaning of Annex I, Section C points (4) to (10) of MiFID17 (including options. forwards, caps, floors, FRAs. futures, swaps, contracts for differences and credit derivatives) Note: in order to an instrument to qualify es security or money market instrument for purposes of GBSA. it must be tradable/negotiable in the market If Yes Financial portfolio management or investment advice II Yes Acting as agent or broker (i.e. not in a principal capacity) If Yes Stakes m a cooperative society within the meaning of Section I of the German Cooperative Societies Act Itienossenschaftsgesetzl II Yes If Yes Commodity spot transactions, but only until the implementation of MiFID II which is cutiwaly expected for 3 January 2018. Physically settled commodity transactions, unless traded on a regulated market or MTF, or unless collateralized, or tailless cleared using a recognized CCP' If Yes Order execution or transmission (unless High- Frequency Trading, see Section 3) •If this box is marked with lx) please make sure that the lending anti guarantee prohibition in Section 2 will be examined Q2. If the answer to Q1 is YES: Is the trading activity covered by one or more of the exclusions or exemptions listed in the table below? Please indicate YES or NO and describe the basis for this conclusion in the Comments section and by checking the appropriate box below. YES (this is permissible trading under GBSA) NO (this is impermissible proprietary trading under G8SA8 Comments Mark [X] Exclusions It Yes Market Making i.e. dealing as a member of a trading venue (organized market, MU or OTF) a of a market in a third country, whose legal and supervisory framework has been declared equivalent by the European Commission, as pi inc.ipal, in a financial instrument, on or outside a trading venue, (i) by posting firm. simultaneous two-way quotes of comparable size and at competitive prices, with the result of providing liquidity on a regular and ongoing basis to the market, as port of the litm's usual business, (ii) by filtrating orders initiated by clients or in response to clients' requests to trade and/or (iii) by hedging positions arising from the fulfilment of the tasks under fit and en Mark [X] Exemptions if Yes Hedging of permitted client transactions— closing of open positions i.e. transactions to hedge trades with customers, unless such hedge would relate to an impermissible loan or guarantee to an AIF isee below under Section 2) Anticipatory hedging of future client transactions is also covered by the exemption. However, anticipatory hedging does not justify "warehousing" or holding of an -inventory" of securities in excess of what is required for anticipatory hedging. For internal use only WM1 ilif),S 025808.070.317 Pane 3ot 11 CONFIDENTIAL - PURSUANT TO FED. R. CRIM. P. 6(e) DB-SDNY-0053048 CONFIDENTIAL SONY GM_00199232 EFTA01363152

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