Case 1:14-cv-01996-BAH Document 119-5 Filed 06/06/16 Page 1 of 6
`Case 1:14—cv—O1996—BAH Document 119-5 Filed 06/06/16 Page 1 of 6
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`Case 1:14—cv—O1996—BAH Document 119-5 Filed 06/06/16 Page 1 of 6
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`Case 1:14-cv-01996-BAH Document 119-5 Filed 06/06/16 Page 2 of 6
`Annex C 1239
`Palmus Trust
`
`~
`
`150YEARS
`of PRO\IIlN Qt.IAUTY
`
`COMPANY LIMITED
`
`P.O. Box 141, La Tonnelle House, Les Banques
`St. Sampson, Guernsey, GY1 3HS
`Telephone: 01481 721374
`Facsimile: 01481 722046
`info@saffely.gg
`Email:
`Website: www.saffery.gg
`
`I 9 December 2006
`
`Shearman & Sterling LLP
`114 avenue des Champs·Elysees
`75008 Paris
`France
`
`~ DearSirs
`
`In tbe Matter of tbe Arbitrations Before a Tribunal Constituted in accordance with Article 26
`of the Energy Charter Treaty and tbe UNCITRAL Arbitration Rules between Holley
`Enterprises Limited and The Russian Federation and between Yukos Universal Limited and
`The Russian Federation
`
`Further to Procedural Order Number 4 dated 28 November 2006 issued by the Tribunal in respect of
`the above Arbitrations, we enclose redacted copies of the Trust documents in respect of the
`following trust:
`
`The Palmus Trust
`
`In respect of the above trust we have supplied redacted copies of the original Deed of Settlement
`together with all deeds that have amended the terms of the trust. We further confirm that the
`enclosed documents include all agreements between the trust and the trustee and all documents
`relied upon by Babbe Le Pelley Tostevin in their letter to you of 28 June 2006. In redacting the
`
`fit documents we have chosen to redact the names of three companies incorporated in the British
`
`'"·'··
`
`Virgin Islands in order to keep the identity of the individuals involved in the management of each
`company confidential. We confirm the following details in respect of each company:
`
`(a) X Limited
`The sole director of X Limited is a Russian National (Number 17) and the company is
`beneficially owned by Rysa:ffe Trustee Company (C.I.) Limited as trustee of the Pavo Trust.
`
`(b) Y Limited
`The two directors of X Limited are both British Nationals (Numbers 1 and 2) and the company
`is beneficially owned by a British National (Number 1).
`
`Continued/ .... 2
`
`
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`Case 1:14-cv-01996-BAH Document 119-5 Filed 06/06/16 Page 3 of 6
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`Page2
`Shearman & Sterling LLP
`19 December 2006
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`(c) Z Limited
`The sole director of Z Limited is an Israeli National (Number 4) and the company is
`beneficially owned by Rysaffe Trustee Company (C.L) Limited as trustee of the Pictor Trust.
`
`Yours faithfully
`Palmus Trust Company Limited
`
`
`
`><f!;¢2_ ....
`
`Kelvin M Hudson MA ACA
`Managing Director
`
`ce
`
`Encs.
`
`
`
`Case 1:14—cv—01996—BAH Document 119-5 Filed 06/06/16 Page 4 of 6
`Case 1:14-cv-01996-BAH Document 119-5 Filed 06/06/16 Page 4 of 6
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`·•
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`Case 1:14-cv-01996-BAH Document 119-5 Filed 06/06/16 Page 5 of 6
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`Rysaffe Trustee
`
`COMPANY (C . I . ) LIMITED
`
`P.O. Box 141, La Tonnelle House, Las Banques
`St. Sampson, Guernsey, GY1 3HS
`Telephone: 01481 721374
`Facsimile: 01481 722046
`Email:
`inlo@saffery.gg
`Webs~e: www.saflery.gg
`
`19 December 2006
`
`,., ltwU\'HI'II QHU IT'I'
`
`Shearman & Sterling LLP
`114 avenue des Champs-Elysees
`75008 Paris
`France
`
`(I) Dear Sirs
`
`In the Matter of the Arbitrations Before a Tribunal Constituted iD accordance with Article 26
`of the Energy Charter Treaty and the UNCITRAL Arbitration Rules between Hulley
`Enterprises Limited and The Russian Federation and between Yukos Universal Lil:p.ited and
`The Russian Federation
`
`Further to Procedural Order Number 4 dated 28 November 2006 issued by the Tribunal in respect of
`the above Arbitrations, we enclose redacted copies of the Trust documents in respect of the
`folloWing trusts:
`
`The Auriga Trust
`The Draco Trust
`The Mensa Trust
`The Pictor Trust
`The Southern Cross Trust
`The Tucana Trust
`
`In respect of each of ·the above trusts we have supplied redacted copies of the original Deed of
`Settlement or Declaration of Trust together with all deeds that have amended the terms of the trusts.
`We further confirm that the enclosed documents include all agreements between the nominees, the
`trusts and the trustees and all documents relied upon by Babbe Le Pelley Tostevin in their letter to
`you of 28 June 2006. In redacting the documents we have chosen to redact the name of a company
`incorporated in the British Virgin Islands in order to protect the identity of the individual involved
`in the management of that company. We conflml the following details in respect of that company:
`
`X Limited
`The sole director of X Limited is a Russian National (Number 17) and the company is
`beneficially owned by Rysaffe Trustee Company (C.I.) Limited as trustee of the Pavo Trust.
`
`Continued/ .... 2
`
`
`
`Case 1:14-cv-01996-BAH Document 119-5 Filed 06/06/16 Page 6 of 6
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`Page2
`Shearman & Sterling LLP
`19 December 2006
`
`In respect of the Pavo Trust our legal counsel have advised that to supply redacted copies of the
`trust documents would be a breach of trust as the Arbitrations have no impact upon the beneficiaries
`of that trust as the shares in GML Limited were appointed to Rysaffe Trustee Company (C.I.)
`Limited as trustee of the Southern Cross Trust on 26 April2005. We can confirm that the Settlor of
`the Pavo Trust was Mikhail Borisovich Khodorkovskiy and that the beneficiaries are all Russian
`Nationals.
`
`In respect of the Carina trust Rysaffe Trustee Company (C.I.) Limited acts as trustee alongside two
`Gibraltan trust companies - Charlotte Limited and Isadora Limited - and they have declined to
`authorise the disclosure of any trust documents, redacted or otherwise, at this time.
`
`Yours faithfully
`Rysaffe Trustee Company (C.L) Limited
`
`Kelvin M Hudson MA ACA
`Managing Director
`
`Encs.
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