EXHIBIT 4.4 CERTIFICATE OF TRUST OF RJR NABISCO HOLDINGS CAPITAL TRUST II THIS Certificate of Trust of RJR Nabisco Holdings Capital Trust II (the "Trust"), dated as of August 5, 1998, is being duly executed and filed by the undersigned, as trustees, to form a business trust under the Delaware Business Trust Act (12 Del. Code Section 3801 et seq.). 1. Name. The name of the business trust being formed hereby is RJR Nabisco Holdings Capital Trust II. 2. Delaware Trustee. The name and business address of the trustee of the Trust with a principal place of business in the State of Delaware is The Bank of New York (Delaware), a Delaware banking corporation, White Clay Center, Route 273, Newark, Delaware 19711. 3. Effective Date. This Certificate of Trust shall be effective as of its filing. 4. Counterparts. This Certificate of Trust may be executed in one or more counterparts. IN WITNESS WHEREOF, the undersigned, being the trustees of the Trust, have executed this Certificate of Trust as of the date first above written. The Bank of New York (Delaware), as Delaware Trustee By: /s/ Frederick W. Clark ------------------------------ Name: Frederick W. Clark Title: Authorized Signatory The Bank of New York, as Institutional Trustee By: /s/ MaryBeth Lewicki ------------------------------ Name: MaryBeth Lewicki Title: Assistant Vice President /s/ John J. Delucca ---------------------------------- John J. Delucca, as Trustee /s/ Richard G. Russell ---------------------------------- Richard G. Russell, as Trustee /s/ David F. Sternlieb ---------------------------------- David F. Sternlieb, as Trustee