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UNITED STATES OF AMERICA BEFORE THE BOARD OF GOVERNORS OF THE FEDERAL RESEdVE SYSTEM WASHINGTON, In the Matter of B.O.T. Corporation, N.V. Curacao, Netherlands Antilles D.C. Docket No. 98-028-B-HC 98-028-CMP-HC Order issued Upon Consent Pursuant to the Federal Deposit Insurance Act, as Amended j ) ; _-------------------------~-~--- 1 WHEREAS, pursuant Federal USC. Deposit Insurance Sec. 1818 to sections Act, as 1847 (b) ), the (the “Board respect of of Notice and BOT and of this Act”) (12 Bank Holding Section Federal Reserve System Order N.V., Corporation, 4, 1998, and Charges Notice of Preliminary violation more of the than (the “Order”) with a Netherlands of California, “Bank”) controlling and influence over the Board Assessment Determination alleging BHC Act as a result a state-chartered, the management 2 of the the 25 percent of the voting Los Angeles, in Section “FDI 8 (bi of the the James T. Riady (the “Notice”), a continuing acquiring (the Antilles (“BOT”); a Penat& of issues WHEREAS, on November issued and 8 (i) of the (the “BHC Act”) (12 USC. Governors Governors”) B.O.T. to Corporation Board (b) amended (b) and (i), and section Company Act of 1956, as amended 8 BHC Act (12 Bank of Civil Money of Control against the occurrence of of BOT indirectly shares of Lippo Bank, non-member by exercising or policies of Governors of the a bank (the controlling Bank, as defined U.S.C. Sec. 1841 (a) (2) (C) ); WHEREAS, BOT and foregoing allegations and James T. Riady deny deny that and &dispute BOT ever directly or the indirectly h acquired any voting had the power to securities of exercise, a management or policies dispute there is a continuing that WHEREAS, the Notice, and deny BOT, by controlling of the BHC Act; Order resolves the proceeding executing appropriate to enter the issuance of this over the initiated by admit or to any allegations or this Order, with does not respect 1999, resolutions into this Order Order by the compliance with each to a purpose or itself or James T. Riady; undersigned accept influence violation WHEREAS, on m___, BOT adopted Bank, or eveh exercised, Bank, as defined above, and deny and or liability any wrongdoing claims concerning of the this the of funding authorizing on behalf contribution the monetary of directors its obligation the of BOT to consent and that. pertains from of and directing Board of Governors and every provision capital the board to to to BOT’s , BOT, and shareholders the for of BOT as stated in this Order; WHEREAS, BOT waives U.S.C. Sec. 1818, hearing the matter for implied review of this basis, 12 purpose or set Order, issuance, enforceability or C.F.R. any Part of takitlg forth in this (c) to challenge validity, and all rights pursuant 263, or otherwise: evidence Order; (b) to obtain effectiveness, of this Order or any provision hereo.f; 12 (a) to with respect or contest to to any judicial in any manner collectibility a the or NOW, THEREFORE, before adjudication above of, or identified admission of Governors in purpose finding proceeding any on of settlement taking made with of this this BOT acceptable least written this 98 minimum, shall submit percent of the third proceeding ensure term of this until in the constituting by the and an Board solely sections progress the divestiture 2. violation of for the 8 (b) and 8 of Governors Order under an which shares of the Bank are divested The written the and state it without the plan provisions shall, of the laws by BOT. fully with the prior BOT shall furnish written the at During the plan and approval the date a BHC Act shall of the Board of Governors every 90 days from of this with Order is complete. BOT shall of the voting BOT shall comply reports Board 300 days of this federal rescind Board of Governors. written to the full compliance with Order, amend or to parties. and all other applicable not Order of, proceeding; plan within independent to testimony FDI Act and 8 (b) of the BHC Act: 1. at any or implied IT IS HEREBY ORDERED, pursuant (i) of the of any issue of fact or& law and without allegation connection the not, directly or indirectly, engage in any BHC Act. 3. BOT shall pay a civil 4. BOT shall also money penalty in the amount of $ 300,000. profit, the which sale ordinary means the of course, the amount, Bank, exceed less pay as a, civil money penalty if any, by which the proceeds the $ 30 million. costs of sale incurred in any from the 5. to this The civil money Order shall be sent Board of Governors the United until make to be paid pursuant to the remittance account of the to the Treasury of by statute. of this stayed, Order modified, shall remain terminated effective or suspended by Board of Governors. 7. For purposes delegates to approvals required- provisions of this otherwise state Order, General Counsel the by Board the ownership of the Board of Governors authority Governors to grant the to the pursuant Order. prevent agency Governors the of this The provisions 8. the shall Each provision and enforceable agreed by wire transfer States as required 6. the which penalty the Order Board of Governors or department of of this from the Bank, shall not take taking any other provided, however, any further action against presently Governors addressed By order the of the System, this GlI’_’ day of matters --__, federal or or action regarding the Board of BOT or James T. known to the Board of in this proceeding. Board of Governors of the _a%__ bar, estop or any other Riady based upon any information concerning shall not Federal Reserve 1999. w‘r B.O.T. Corporation, N.V. Board of Governors of the Federal w. JT;ertif.y.yA- By: _____--_-------------Canesh Grover, Attorney Reserve System in Fact Secretary of the Board