PETITION TO THE GOVERNMENT OF SWITZERLAND

Federal Department of Finance

Article 33 Federal Constitution

of the Swiss Confederation

By the A.M. Trust

Adam Malik

Introduction

This is a Constitutional Petition by The A.M. Trust to the Federal Department of Finance based
upon the Swiss government’s long-standing acquiescence and participation in, knowledge of,
the sequestering and penal confiscation of certain funds originating in Indonesia during the
Sukarno and Suharto regimes without adequate remedy, in violation of international jus
cogens norms, and seeking the release and restitution of these funds and property to their
rightful beneficiaries including A.M. Trust and other remedial measures. These actions to date
by the Swiss government are inconsistent with the Swiss Constitution’s Rule of Law and
International law clauses in Article V, Good Faith under Article IX and Article XXVI governing
Property Rights and the European Convention on Human Rights.

Background

The Petitioner A.M. Trust was established under the Bahamas Trustee Act of 1998. The
settlor, trustees and beneficiaries of A.M. Trust include the heirs, assignees, creditors and
executors of the Estate of Adam Malik.

Adam Malik died in 1984; he was one of the most important politicians and revered national
heroes in Indonesia and held various high governmental posts including ambassador to
Poland and the Soviet Union, Minister of Trade, Foreign Minister and ended his career as Vice
President of Indonesia 1978-1983. Adam Malik also was also the 26th President of the UN
General Assembly in 1971 and was instrumental in the founding of ASEAN. His involvement
at the highest levels of the Indonesian government was unique in that it spanned both the
presidencies of Sukarno and Suharto.

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The principal of the A.M. Trust includes the assigned proceeds of the converted bank accounts
of Adam Malik that were opened at various Swiss financial institutions including the former
Union Bank of Switzerland and Swiss Bank Corporation (SBC) now known as UBS. A.M. Trust
represents all the Swiss financial claims of the Adam Malik Estate. UBS AG, the United States
District Court for Northern California (A.M. Trust v. UBS AG, Case No. 3:14-cv-04125), the
United States Court of Appeals for the Ninth Circuit (A.M. TRUST V. UBS AG, No. 15-15343
(9th Cir. 2017), Swiss Financial Market Supervisory Authority, Swiss Banking Ombudsman
Central Claims Office have accepted that the principles of the A.M. Trust are the
representatives of the Adam Malik Estate. The Indonesian government has indicated as of
2019 there are no holds or investigations regarding the Adam Malik Estate.

Indonesia is and was an extremely wealthy and resource rich nation with abundant revenue
from oil, gold and other exports. Prior to adoption of the Foreign Corrupt Practices Act and
similar laws, it was not unusual nor unlawful for large sums to become the personal property
of government leaders. In the case of Indonesia, it is estimated that at least CHF15 billion
remains unaccounted for, much of it having been banked in Switzerland. Some of the
unaccounted funds from that period involve assets seized or deposited by victims of the
Indonesian Mass Killings or genocide of 1965-1966 which targeted Communist Party of
Indonesia (PKI) party members, alleged Communist sympathizers, ethnic Abangan Javanese,
ethnic Chinese and alleged leftists, often at the instigation of the armed forces and
government officials with a pecuniary motive. These funds were either banked in Switzerland
or involve accounts whose owners perished or were unable to access them. Experts believe
between 1 and 3 million victims were involved. Adam Malik survived the political upheaval
and was viewed as a moderating influence in the Suharto government.

Switzerland and its banking system prior to Malik’s death in 1984 eagerly sought the business
of Political Exposed Persons or PEPs like Adam Malik. Indonesian politicians and government
ministers often frequented Switzerland and owned property there, enrolled their children in
schools and universities there and even established residency.

Prior to his death in 1984, Adam Malik obtained, came in possession or was assigned several
bank and safekeeping accounts with Union Bank of Switzerland and SBC in Switzerland and
Singapore for his personal use. The accounts contained well over twenty-five million CHF in
currency and gold bullion.

Other accounts at SBC were assigned to Adam Malik by Jusuf Muda Dalam, the former
Director of the Indonesian Central Bank who at the time was under sentence of death as an
enemy of the state and former associate of the Indonesian Communist Party. All the accounts
and their contents are believed to be following Indonesian law of that time as practiced and
were not the proceeds of unlawful activity.

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Since 1985 the Estate of Adam Malik and its successor in interest, the A.M. Trust, have made
continuous efforts to trace the ultimate disposition of the Malik accounts including SBC and
Union Bank of Switzerland accounts in Switzerland and Singapore as well as access the known
accounts by hiring attorneys and investigators. The process was complicated at times by the
corruption and political turmoil endemic during the Suharto regime in Indonesia. The Estate
of Adam Malik has compiled and tendered to UBS AG documentary evidence of accounts
exceeding CHF 25 million.

In 1993 the Estate of Adam Malik entered into extensive and detailed correspondence with
SBC and its lawyers regarding SBC accounts at the Basel, Breganzona, and Binningen branches
that were tied to a Union Bank of Switzerland account in Zurich which was controlled by Adam
Malik. SBC’s Legal Department eventually admitted that while Adam Malik had dealt directly
with Ernst Seidel, Principal Director of Swiss Bank Corporation in Basel, that no further record
of the accounts could be located because 10 years had elapsed since the Basel account(s)
were presumably closed. SBC conducted only a partial search confined to its Basel branch
even though the Estate had also identified Adam Malik accounts at Zurich, Breganzona and
Binningen connected to SBC. And provided no reasonable explanation why records dealing
with an extremely high-profile individual like Adam Malik would have been destroyed.
However, the Estate relying on SBC’s assurance did not immediately realize that the proceeds
of the accounts had been converted with the approval and participation of the Swiss
government and that the records still existed and that the alleged search had not been
completed in good faith but in fact was a cover up at the highest levels.

In 2006 with newly discovered documentation in hand, representatives of the Estate traveled
to Zurich and met with legal representatives of UBS AG. At the request of UBS AG a quantity
of documentation was handed over to UBS AG officers including information on the merged
Malik accounts. UBS AG eventually responded on November 14, 2006 that there was no
current UBS AG account under the name Adam Malik but admitted Union Bank of Switzerland
had an account relationship that was closed circa 1985. UBS AG however stated that no
records existed because 10 years had elapsed from the date of closure. Nor did they explain
how the account was closed, by who, and how that fact was known if the records no longer
existed. UBS AG declined to meet with representatives of the Estate or pursue the matter
further nor advise the Estate of the involvement of the Swiss government.

In 2013 the Estate of Adam Malik contacted the Swiss Banking Ombudsman Central Claims
Office to determine the status of any dormant Malik accounts and received confirmation no
dormant Malik account had been reported. The Estate then conveyed all its interests in the
accounts to A.M. Trust. A request was made to UBS AG to reopen the investigation of the
Malik accounts which UBS AG refused in 2014 citing that it considered the case final as of
2006.

A.M. Trust through its lawyers provided documentary proof of the accounts to UBS AG on
several occasions. UBS AG is either unable or unwilling to research the matter of the Malik
and related accounts because of the involvement of the Swiss government. The accounts in

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question predate the establishment of UBS AG. In 2014, A.M. Trust filed suit against UBS AG
in the United States District Court for Northern California which was dismissed on the narrow
grounds of personal jurisdiction in 2015 and was subsequently appealed United States Court
of Appeals for the Ninth Circuit which declined to overturn the ruling in 2017. A.M. Trust then
attempted to bring the matter to the attention of Swiss Attorney General and the Swiss
Financial Market Supervisory Authority (FINMA) both of whom declined to open a case. In
2019 in preparation for this Petition, the A.M. Trust reported on this matter to the Indonesian
Ministry of Law and Human Rights and determined the Indonesian government had no liens
or claims upon The Estate of Adam Malik.

Relief Requested

A.M. Trust is of the firm opinion that only the government of Switzerland through its Federal
Department of Finance has the ability to address these matters.

The A.M. Trust therefore makes the following requests of the Federal Department of Finance:

Noting that there are no holds upon the funds and accounts of Adam Malik in Indonesia;

Stressing that that billions of CHF dating from the Sukarno era including the 1965-1966 period
of mass killings are unaccounted for including funds and accounts banked or deposited in
Switzerland and thereafter abandoned or seized, sequestered, converted or confiscated by
the Swiss government or its proxies.

Considering these funds and accounts have been the subject of numerous attempts to
commit banking fraud, beginning in the 1980s based upon irregular deposit certificates said
to have been issued by UBS AG or its predecessors and in the possession of actual and/or
spurious relatives and associates of the Sukarno family;

Reminding the Federal Department of Finance that Swiss financial institutions have previously
been implicated in similar scenarios involving gold deposits from Nazi Germany, Holocaust
era accounts and more recently deposits by the Suharto family and former Nigerian officials
which could only be definitively addressed by Swiss government intervention;

Recalling the findings of the Bergier and Volker Commissions and their aid in settling
Holocaust era claims;

Calls for the establishment of a Commission of Independent Experts to study and access the
necessary archives to determine and shed light upon the whereabouts of Indonesian derived

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funds from the Sukarno and Suharto eras including the 1965-1966 and the potential remedies
that can be applied by the Swiss government.

Requests the immediate release of CHF 100 million to the A.M. Trust from a portion of those
funds belonging to the Adam Malik Estate that have been sequestered or confiscated by the
Swiss government since 1984.

Submitted this 25th of November 2019 by:

A.M. Trust by

Dr. Jonathan Levy

Unit 7810, PO Box 6945
London, W1A 6US
United Kingdom
info@jlevy.co
Tel +44 (0) 20 8144 2479
Fax +1 202 478 1970

Solicitor (Ireland & England)

Attorney (California)