U.S. Department of Justice Tax Division Washington, D.C. 20530 CDC:TJS:KFSweeney DJ 5-16-4672/DJ 5-16-4650 CMN 2014200678/CMN 2014000652 December 10, 2015 Kathryn Ruemmler Christopher Clark Lathan & Watkins LLP 555 Eleventh Street NW Suite 1000 Washington, DC 20004 Re: Edmond de Rothschild (Suisse) SA Edmond de Rothschidl (Lugano) SA DOJ Swiss Bank Program — Category 2 Non-Prosecution Agreement Dear Ms. Ruemmler and Mr. Clark: Banque Privee Edmond de Rothschild SA and its Lugano-based subsidiary, Banca Privata Edmond de Rothschild Lugano SA, submitted separate Letters of Intent on December 27, 2013, to participate in Category 2 of the Department of Justice's Program for Non-Prosecution Agreements or Non-Target Letters for Swiss Banks, as announced on August 29, 2013 (hereafter "Swiss Bank Program"). Since submitting their respective letters, the banks have changed their names to Edmond de Rothschild (Suisse) SA and Edmond de Rothschild (Lugano) SA respectively (hereinafter collectively referred to as "EdR Switzerland" or the "Bank") and joined for the purposes of the Swiss Bank Program. This Non-Prosecution Agreement ("Agreement") is entered into based on the representations in the aforementioned Letters of Intent and information provided by MR Switzerland pursuant to the terms of the Swiss Bank Program. The Swiss Bank Program is incorporated by reference herein in its entirety in this Agreement.' Any violation by Edmond de Rothschild (Suisse) SA or Edmond de Rothschild (Lugano) SA of the Swiss Bank Program will constitute a breach of this Agreement. Edmond de Rothschild (Suisse) SA and Edmond de Rothschild (Lugano) SA are separate legal entities that participated jointly in the Swiss Bank Program. They are severally bound by the obligations of this Agreement and severally liable for any individual breach of this Agreement. On the understandings specified below, the Department of Justice will not prosecute EdR Switzerland for any