EX-99.(H)(6)(B) 6 c73647a2exv99wxhyx6yxby.txt AMENDMENT NO. 1 TO THE PARTICIPATION AGREEMENT EX-99.(H)(6)(B) AMENDMENT NUMBER ONE TO THE PARTICIPATION AGREEMENT AMONG ADVANTUS SERIES FUND, INC. ADVANTUS CAPITAL MANAGEMENT, INC. AND NORTHSTAR LIFE INSURANCE COMPANY ANTI-MONEY LAUNDERING AMENDMENT TO PARTICIPATION AGREEMENT The Participation Agreement ("Agreement") dated July 25, 2002, by and between Advantus Series Fund, Inc. (the "Fund"), Advantus Capital Management, Inc. and Northstar Life Insurance Company ("Northstar Life") is hereby amended by the addition of the following: I COMPLIANCE WITH ANTI-MONEY LAUNDERING LAWS AND REGULATIONS Northstar Life agrees to comply with any and all laws, regulations, and other requirements relating to money laundering, including, without limitation, the International Money Laundering Abatement and Anti-Terrorist Financing Act of 2001 (Title III of the USA Patriot Act), hereinafter, collectively with the rules, regulations and orders promulgated thereunder, the "Act," and any requirements and/or requests in connection therewith, made by regulatory authorities, the Fund or the Fund's underwriter or their duly appointed agents, either generally or in respect of a specific transaction, and/or in the context of a "primary money laundering concern" as defined in the Act. Northstar Life agrees as a condition precedent to any transaction taking or continuing to be in effect, to comply with any and all anti-money laundering laws, regulations, orders or requirements, and without prejudice to the generality of the above, to provide regulatory authorities, the Fund, the Fund's underwriter or their duly appointed agents, with all necessary reports and information for them to fulfill their obligations, if any, under the Act for the purposes of the Fund, the Fund's underwriter, or other third parties complying with any and all anti-money laundering requirements, including, without limitation, the enhanced due diligence obligations, imposed by the Act, the filing of Currency Transaction Reports and/or of Suspicious Activity Reports obligations required by the Act, and/or the sharing of information requirements imposed by the Act. In the event satisfactory reports and information are not received within a reasonable time period from the date of the request, the Fund or the Fund's underwriter reserve the right to reject any transaction. PAGE 1 OF 2 Further, Northstar Life represents that it has not received notice of, and to its knowledge, there is no basis for, any claim, action, suit, investigation or proceeding that might result in a finding that Northstar Life is not or has not been in compliance with the Act, and the rules and regulations promulgated thereunder. Northstar Life agrees to notify the Fund and the Fund's underwriter promptly if the representation in the previous sentence is no longer true or if Northstar Life has a reasonable basis for believing that such representation may no longer be true. All other terms and provisions of the Agreement not amended herein shall remain in full force and effect. Effective as of November 1, 2002. Advantus Series Fund, Inc. Northstar Life Insurance Company By: By: ----------------------------- ----------------------------- Name: Dianne M. Orbison Name: Dennis E. Prohofosky Title: President Title: Vice President, Secretary, and Director Advantus Capital Management, Inc. By: ----------------------------- Name: Dianne M. Orbison Title: President PAGE 2 OF 2