On May 14, 2013, the Agreement between the Kingdom of Spain and the United States of America for the Improvement of International Tax Compliance and the Application of the U.S. Tax Compliance Law was made in Madrid. foreign accounts (hereinafter the Agreement).

This Agreement, which aims to advance the fight against international tax fraud, establishes a system for the automatic exchange of information for tax purposes in the field of mutual assistance between the two States, all in accordance with the forecast contained in Article 27 of the Convention between the Kingdom of Spain and the United States of America to avoid double taxation and to prevent tax evasion in respect of income taxes, made in Madrid on 22 February 1990.

The Agreement establishes, on the one hand, the obligation of the Spanish financial institutions to identify the accounts whose ownership or control corresponds to residents or persons resident or of US citizenship and, on the other hand, (a) to provide the Spanish tax authorities with information on these financial accounts annually. It should be recalled that the Agreement, by its own legal nature, is directly binding and binding on the persons to whom it entails the fulfilment of obligations, and therefore this Order is conferred as a supplement to the Agreement.

In particular, the first three articles refer to the tax obligations and the content of the obligation, mainly consisting of the identification of the accounts subject to information and supply communication. of the same to the Spanish tax administration.

Article 4 points to the most favourable terms contained in other similar agreements.

Articles 5 and 6 make it possible to opt for the application of the thresholds for account balances and for the use of third party service providers.

Articles 7, 8, 9 and 10 specify or specify aspects related to the application of due diligence rules.

Articles 11 and 12 relate to the particularities of collective investment institutions and insurance companies.

Finally, Articles 13, 14 and 15 refer to the information statement.

As for the implementation of the Agreement, this is gradually established in relation to the information to be provided by the Kingdom of Spain to the United States of America and, therefore, to be supplied by the obligated in this Order to the Spanish tax administration. In this way, in accordance with Article 3 (3), the exchange of all the information referred to in the Agreement is not foreseen until 2017, in relation to the financial accounts which are subject to the information in 2016.

In the field of mutual assistance, to which the Agreement participates as well as future agreements deriving from other international initiatives related to the automatic exchange of information for tax purposes in which Spain, Article 37a of the General Rules of Procedure and the procedures for the management and inspection of taxes and the development of the common rules of procedures for the application of taxes, approved by the Royal Decree 1065/2007, of 27 July 2007, regulates the reporting obligations on financial accounts. In order to comply with this obligation, financial institutions shall be obliged to determine the residence or, where appropriate, the nationality of persons holding the accounts or the control thereof, by means of the application of the relevant due diligence rules, developed by the Minister of Finance and Public Administrations in accordance with the provisions of Article 37a.

In compliance with the mandates contained in Article 37a, in use of the generic enablement of Article 117 of the same rule, and in agreement with the Council of State, the present Order is dictated by certain issues related to the reporting obligations and due diligence laid down in the Agreement and the annual reporting of financial accounts of certain American persons, Model 290.

In its virtue, I have:

Article 1. Bound subjects.

1. Those entities which, pursuant to the Agreement between the Kingdom of Spain and the United States of America for the Improvement of International Tax Compliance and the Application of the U.S. Tax Compliance Law foreign, made in Madrid on May 14, 2013, hereinafter the Agreement, and in this Order, are a custodial institution, a deposit institution, an investment entity or a specific insurance company have the consideration of Spanish financial institution obliged to communicate information, they are obliged to comply with the provisions in the Agreement, with the particularities set forth in this Order.

For the purposes of determining the concepts of residence and branch referred to in Article 1 (1) of the Agreement, the rules on tax residence and permanent establishments collected in the Recast of the Law of the Tax on Societies approved by the Royal Legislative Decree 4/2004 of March 5, and the recast of the Law of the Income Tax of Non-Residents approved by the Royal Decree of Law 5/2004, of 5 of March.

2. They do not have the consideration of a Spanish financial institution required to communicate information and are therefore not required to comply with the provisions of Article 4 of the Agreement, except in their case the obligations that correspond to them for their condition, the following entities:

1. Aachellas identified in Annex II as a Spanish financial institution not required to communicate information, as well as pension fund management entities regulated by the recast of the Funds Act and pension schemes, approved by Royal Legislative Decree 1/2002 of 29 November, provided that their exclusive social object is the management and administration of such pension funds.

2. The Aquellas meeting the requirements referred to in Article 1 (1) (q) of the Agreement.

Article 2. Financial institutions.

1. Institutions holding financial assets on behalf of third parties as an important part of their economic activity, as provided for in Article 1 (1) (h) of the Agreement, have the consideration of a custody institution.

This category includes, in particular, investment service companies that develop such activity.

2. Institutions that accept deposits in the ordinary course of their banking or similar activities are considered as a deposit institution.

This category includes, in particular, credit institutions and entities that issue means of payment that may be charged prior to their use.

3. An insurance company is a specific insurance company if the products it offers have the consideration, in accordance with the Agreement, of insurance contracts with cash value or annuity contracts, or if it is obliged to make payments in relation to the insurance with the same.

This category includes, in particular, the insurance entities authorized to operate in the life class, who develop the activity indicated in the preceding paragraph.

4. The following entities have the consideration of an investment entity:

(a) Those whose main economic activity consists of one or more of the activities or operations referred to in Article 1 (1) (1), (2) or (3) of the Agreement, made on behalf or in favour of of a client.

(b) Those whose gross income is mainly attributed to investment, reinvestment or trading in financial assets, if the entity is managed by another entity that is a deposit institution, a custodial institution, a specific insurance company, or an investment entity as described in point (a) above.

For these purposes, it is understood that the entity is managed by another entity if the entity it manages performs, directly or through third parties, any of the activities or operations described in point (a) above in name or in favour of the first entity.

It is considered that the principal economic activity of an entity consists of one or more of the activities referred to in point (a), or that the gross income is mainly attributed to the investment, reinvestment or trading of assets. financial for the purposes of point (b), if 50% or more of its gross income is attributable to the above mentioned activities, in the shortest period between:

1. º The three-year period ended on December 31 before the year in respect of which the determination is made; or

2. The entity's existence time.

This category includes, in particular, the collective investment institutions, the management companies thereof, the venture capital institutions and the management companies thereof, all without prejudice to the provided for in Articles 1.2 and 11 of this Order.

Article 3. Obligations arising from the Agreement.

In accordance with the provisions of Article 4 of the Agreement, the Spanish financial institutions required to communicate information must comply with the terms set out in the Agreement and with the particularities contained in the Agreement. this Order, the following obligations:

(a) Identify in accordance with the due diligence rules the US accounts subject to reporting, as defined in Article 1 (1) of the Agreement, which are then noted:

1. Depository accounts according to the definition set in the letter t) of that section.

2. º Custody accounts according to the definition set out in point (u) of that paragraph.

3. º insurance contracts with cash value according to the definition set out in points (y) and (z) of that paragraph, excluding reinsurance contracts between two insurance companies.

4. º Annuity Contracts according to the definition set out in point (x) of that paragraph. Periodic payments resulting from the social security instruments set out in Annex II to the Agreement and the reinsurance contracts between two insurance companies are not included in this concept.

5. " Capital or debt participations of certain entities according to the definition set out in point (s) (1) and (2) of that paragraph, except those of the entities referred to in Article 2 (4) (a) of this Article Order.

Notwithstanding the foregoing, they do not have the consideration of a financial account and therefore are not subject to the reporting obligations, any account or product that has such consideration in accordance with the set out in Annex II to the Agreement.

For the purposes of the due diligence rules, to differentiate pre-existing accounts and new accounts, it shall be taken as a reference on 30 June 2014 and 1 July 2014 respectively.

In addition, in relation to the requirements of Section II of Section II of Annex II to the Agreement, the date of 1 January 2014 is to be understood as referring to 1 July 2014.

b) Communicate annually to the State Tax Administration Agency, the information set out in Subparagraph 2 (a) of Article 2 of the Agreement, in the time and form prescribed in this Order and without prejudice to the provisions of the Article 4 (1) of this Regulation.

(c) Communicate to the State Tax Administration Agency the name of any non-participating financial institution to which it has made payments in the years 2015 and 2016 and the total amount thereof.

For the purposes of determining this amount, only the payments that the Spanish financial institution required to report information shall be taken into account in relation to the financial accounts whose ownership corresponds to the non-participating financial institution.

In no case shall they be construed as falling within this concept and should therefore not be included for purposes of determining the total amount, payments that meet any of the following conditions:

1. º Those made in consideration for the delivery of goods or services of any kind. The following concepts shall be included in this category, in particular: salaries and other forms of remuneration of employees, scholarships, rents in general, as well as income from financial leases;

2. º Those where the Spanish financial institution obliged to communicate information is passive in its payment process in such a way that it does not have any knowledge of the causes that motivate it, or not has no control over the same, or does not have the custody of the goods to which the payment relates;

3. The payments made relating to securities lending transactions, repurchase agreements, term contracts, futures, options, swaps, or similar transactions that are directly or indirectly dependent or whose value is determined by reference to the interest payment or to dividends from US sources whose traceability does not allow the Spanish financial institution obliged to communicate information to identify directly from source

d) Register with the U.S. Tax Administration (IRS) and obtain the corresponding identification number called "GIIN" (Global Intermediary Identification Number).

e) In respect of U.S. source payments subject to withholding by a non-participating financial institution, or in which they act as intermediaries in such payments:

1. If the Spanish financial institution required to communicate information is as described in point (d) of paragraph 1 of that Article 4 of the Agreement, it shall retain 30 percent of the amount of such payments.

2. If the Spanish financial institution required to communicate information is as described in point (e) of paragraph 1 of that Article 4, it shall not retain but must provide the immediate payer with the information in its the case allows the retention and disclosure of information in respect of such payment.

Article 4. More favorable terms.

According to Article 7 of the Agreement, the following terms are more favourable and applicable:

1. There is no obligation to obtain and supply information in respect of the year 2013. The first provision of information will be made in 2015, with reference to information for the year 2014 only.

2. Provided that the purposes of the Agreement are not undermined, other definitions may be used instead of those provided for in the Agreement, in terms of the coordination of the definitions with the US Treasury rules in the agreements. signed by the United States with other partner jurisdictions.

3. If the financial institution has previously obtained documentation from the account holder based on which it has determined that the account holder has no status as a U.S. citizen or resident of the United States in compliance, among other its obligations arising from an agreement with the qualified intermediary US Tax Administration (IRS), shall not be required to apply the procedures described in Section II (B) (1) of Annex I to the Agreement for the lowest value accounts or those described in paragraphs D (1) to D (3) of Section II of the Annex I to the Agreement for the highest value accounts.

4. In the case of credit cards or revolving credit lines that have the consideration of new entity accounts, the financial institution may consider that they are not subject to review, identification or disclosure of information. provided that such financial institution has established measures and procedures to prevent the balance due to the holder of those accounts from being more than $50,000.

5. It may be assumed that the beneficiary physical person who is different from the person designated as the owner in the contract of a cash-value insurance, and who receives death capital is not a specific American person and may consider that such a financial account is not an American account subject to disclosure, unless the financial institution is aware, or may become aware, that the beneficiary is an American person specifies, in which case, the financial institution should follow the procedures described in Subparagraph B. 3 of Section II of Annex I to the Agreement. For these purposes, it is considered that it is possible to make it known that the beneficiary is a specific American person if the information obtained by that financial institution and associated with the beneficiary contains any of the linking to the United States described in Subparagraph B. 1 of Section II of Annex I to the Agreement.

6. It is added as a category of non-US entity other than a foreign financial institution that is an active entity, to non-US entities other than a foreign financial institution that are excepted (except NFFE), in the terms that are defined by reference to US Treasury regulations in agreements signed by the United States with other partner jurisdictions.

7. For the purposes of Article 4 (5) of the Agreement, a Spanish financial institution required to communicate information continues to comply with the terms of the Agreement, or continues to receive the treatment of an institution. a foreign financial institution deemed to be a compliant or an exempt cash beneficiary where, provided that it complies with the requirements set out in points (a), (b) and (c) of that paragraph, has related entities or branches that are treated as an institution foreign financial non-participant exclusively due to the end of the rule Established transitional for limited foreign financial institutions and limited branches.

8. The definition of the entity in Section VI (4) (d) of Annex I to the Agreement is extended, including a political subdivision of a non-US administration, as well as any public entity exercising its powers. a function of that Administration or political subdivision instead.

9. The definition of the entity in paragraph B. 4.e) of Section VI of Annex I to the Agreement is amended so that, where the institution operates (or is present) as an investment fund, as in the cases referred to in that point, this entity does not consider a non-US entity other than a foreign financial institution.

10. The definition of the entity in Section VI (4) (i) of Annex I to the Agreement is extended, also being understood to be the same as that which is established and operates in your country of residence, exclusively for sporting purposes, as well as the one who is established and operates in his/her country of residence and is a professional organization, professional league, chamber of commerce, trade union organization, agricultural or horticultural organization, civic organization or an organization whose sole object is promote social welfare.

11. The following amendments to the dates set out in Annex I to the Agreement:

(a) In respect of Section I (B) 3, where the balance or value threshold is to be determined on 30 June 2014, that balance or value shall be determined on that day or on the last day of the reporting period for the reporting period. information to be concluded immediately before 30 June 2014; and where the balance or value threshold is to be determined on the last day of the calendar year, that balance or value shall be determined on that last day or the other reference period relevant.

(b) In the case of paragraphs A. 1, A. 2 and B of Section II, the date to be taken as a reference is 30 June 2014.

(c) As regards paragraph C. 1 of Section II, the date to be taken as a reference is 30 June 2016.

(d) In respect of Section II (D), it should be understood as referring to the reinforced review procedures of the pre-existing physical person accounts with balance or value at 30 June 2014, or 31 December 2015 or 31 December 2015. any subsequent year, exceeding one million US dollars.

(e) In the case of Section II (E. 1), if the pre-existing account of a natural person is a higher value account as at 30 June 2014, the Spanish financial institution required to release information shall conclude the the enhanced review procedures described in sub-paragraph D of this section with respect to that account by 30 June 2015, and shall, where appropriate, communicate for the first time the information relating to that account, in 2015 or in 2016, according to the identified as an American account subject to reporting in 2014 or 2015 respectively.

(f) In respect of Section II (E) 2, if the pre-existing physical person account is not a higher value account as at 30 June 2014, but at the end of 2015 or any subsequent calendar year it has become such, the provisions of that paragraph shall apply.

(g) In respect of Section III, the first paragraph shall be construed as referring to the accounts of which the holders are natural persons and which have been opened as of 1 July 2014, including.

(h) In respect of Section IV (A), the date to be taken as a reference is 30 June 2014.

(i) In respect of Section IV (B), pre-existing entity accounts whose balance or value exceeds two hundred and fifty thousand US dollars at 30 June 2014 and the pre-existing entity accounts as at 30 June 2014 does not exceed two hundred and fifty thousand US dollars but whose balance exceeds the last day of 2015 or any subsequent year of a million US dollars, must be subject to review according to the procedures described in section D of this section.

(j) In respect of Section IV (E. 1), the revision of pre-existing entity accounts with a balance or value exceeding two hundred and fifty thousand US dollars at 30 June 2014 must be completed by 30 June 2014. from 2016.

(k) In respect of Section IV (E. 2), the revision of the pre-existing entity accounts with balance or value not exceeding two hundred and fifty thousand US dollars at 30 June 2014 but exceeding one million of US dollars at December 31, 2015 or any subsequent year, must be completed within six months of the end of the calendar year in which the balance exceeds one million US dollars.

(l) In respect of Section V, the first paragraph shall be construed as referring to accounts whose holders are entities and which have been opened as of 1 July 2014, including.

Article 5. Option to apply balance or value thresholds and other exclusions.

The Spanish financial institutions required to communicate information may choose to apply the balance or value thresholds and other exclusions referred to in Sections II.A., III.A. and IV.A. of Annex I to the Agreement and the Article 4 (4) of this Order.

This option may be exercised in respect of all accounts or separately from a group of clearly identifiable accounts, such as those for a business line or a given location.

Article 6. Recourse to third party service providers.

Spanish financial institutions required to communicate information may use the services of third parties to comply with the obligations laid down in the Agreement. Notwithstanding the foregoing, the responsibility for the proper fulfilment of these obligations will continue to be held on those obligations.

If they exercise such an option, they may make use of the documentation collected by them, without prejudice to the provisions of the following article.

The financial institution must first verify that the third party has adequate procedures for compliance with due diligence and document preservation measures.

Article 7. Statements by the holder and documentary evidence.

1. The statements of the holder referred to in the due diligence rules of Annex I to the Agreement may be made in any form, including electronic and telephone channels, enabling the financial institution to have and to keep record of its contents and date of issue, and credit that it has been made by the account holder or by the holder of the account. The content of the holder's declaration may be contained in one or more documents.

In particular, in the case of new accounts of natural persons whose only tax residence is Spain, the holder's declaration may consist of a verbal confirmation to the financial institution required to communicate information that their only country of residence is Spain, provided that there is no indication of linkage with the United States and that such affirmation is considered reasonable with the content of the documentation necessary for the opening of the account.

2. The holder's declarations shall contain at least the following information:

a) Full name or social reason.

b) Full address of the address.

c) Country (s) /Jurisdiction (s) of tax residence.

d) Tax identification number of each country/jurisdiction of tax residence, if issued.

e) Citizenship.

3. The declarations of the holder consisting of the corresponding models approved by the US Administration shall be valid.

4. Where the Spanish financial institutions required to communicate information obtain statements from the holder or documentary evidence, in respect of which they are aware or may become aware that they are incorrect or unreliable, they shall not be based on (a) the purpose of determining the status of the customer for the purposes of the Agreement and shall request a new declaration from the holder or additional documentation justifying its status. If the client does not provide such an additional statement or documentation, the financial institution shall treat the account as an American account subject to information communication until such time as it receives the necessary information from the client. enable you to properly verify the status of the client.

5. For the period of validity of the holder's declarations and documentary evidence, the following rules shall apply:

(a) The statements of the holder shall have indefinite validity for the purposes of due diligence rules.

(b) In relation to documentary evidence, those issued by a public body of the State authorised for that purpose, which are not subject to renewal or amendment and which are provided by financial institutions, required to communicate information or to U.S. persons other than specific U.S. persons, shall have an indefinite validity.

The remainder of documentary evidence shall be valid, in general, until the last day of the third calendar year following the date on which they were provided to the financial institution, unless the expiry date of the the documentary evidence is subsequent to the period of validity mentioned above, in which case it shall be valid until such expiry date.

Regardless of the provisions of subparagraphs (a) and (b) above, the period of validity shall end if a change of circumstances occurs that is likely to affect the holder's status for the purposes of the Agreement. For these purposes, there shall be no change of circumstances by the sole and exclusive fact that a tax residence certificate issued by the tax administration of the country or jurisdiction concerned has exceeded the time limit. for which it was issued.

6. Documentary evidence, statements of the title and other information used in the application of the due diligence precepts shall be made available to the Tax Administration.

Article 8. Pre-existing accounts and new accounts of individuals and entities.

1. New accounts opened after 30 June 2014 by natural persons who remain open in the Spanish financial institution required to communicate information one or more accounts to that date may be considered as pre-existing accounts and there will be no need to reobtain documentation about that client, as long as:

(a) The appropriate due diligence procedures for pre-existing pre-existing accounts have been applied or will be applied in time: and,

(b) all accounts are treated as a single account for the purposes of applying all the provisions relating to due diligence and reporting of information.

2. For the purposes of applying the provisions of Annex I to the Agreement concerning the pre-existing accounts of entities and new accounts of institutions, the Spanish financial institution required to communicate information may make use of the following: options:

(a) In the case of paragraph D. 1 of Section IV of Annex I to the Agreement, it may be chosen to apply point (b) in the first place.

(b) As regards paragraph D. 2 of Section IV of Annex I to the Agreement, if the overall identification number of the account holder (Global Intermediary Identification Number, GIIN) is verified in the list published to the effect by the US Tax Administration, the account may be deemed not to be an American account subject to disclosure.

(c) In the case of paragraph D. 4 of Section IV of Annex I to the Agreement, it shall be possible to apply either of (a), (b) or (c) first.

(d) In respect of Section V (A) and (B) of Annex I to the Agreement, for the purposes of determining whether the account holder is a Spanish financial institution, a financial institution of another partner jurisdiction or a financial institution participating foreign financial institution, the identification number of the account holder (Global Intermediary Identification Number, GIIN) can be taken into consideration in the list published for the purpose by the institution U.S. Tax Administration.

(e) In respect of Section V (C) of Annex I to the Agreement, it shall not be necessary to obtain the holder's declaration in cases where the account holder is a US person, reasonably, on the basis of the information available to it or which is public, that such a holding entity is not a specific American person.

(f) As regards paragraph C. 2 of Section V of Annex I to the Agreement, for the purposes of determining whether the account is to be treated as an American account subject to disclosure, it may be chosen to determine in the first instance place if the persons exercising control of the account holder are citizens of the United States.

Article 9. Aggregation of balances.

In accordance with paragraph C of Section VI of Annex I to the Agreement, the Spanish financial institution required to release information shall be obliged to add all accounts opened in the same or in the related entities, but only to the extent that the IT systems of that financial institution link the accounts by reference to a data, such as the customer number or the NIF, and allow the aggregation of balances.

In particular, it is understood that the above requirements are not met and therefore no such aggregation shall be made in respect of the relevant account holder, where the financial institution is not permitted to do so. provide an integrated extract of all their positions as a result of legal restrictions arising from data protection regulations.

Those accounts that have a negative balance must be computed with zero balance.

Article 10. Definitions.

As provided for in the Agreement, the following terms will have the following meaning:

a) "Related entities": An entity is linked to another entity if either entity controls the other or both entities support a common control. For these purposes, it is considered that there is control when the requirements for direct or indirect participation in more than 50% of the capital of an entity and holding more than 50% of the voting rights in the entity are met. together.

(b) "Personal Manager" means the employee of the financial institution who, in respect of certain account holders, regularly, advises, recommends, monitors or facilitates the execution of transactions with products financial, services, or other related assistance activities.

(c) "Relevant reference period": The period between the last anniversary of an insurance contract with cash value and the previous anniversary date may be understood.

Article 11. Collective investment institutions.

1. To the collective investment institutions to which the Law 35/2003, of 4 November, of the Collective Investment Institutions, will apply, the following shall apply:

(a) Real estate collective investment institutions do not have the consideration of an investment entity for the purposes of the Agreement, even if they are managed by another investment entity.

(b) In general, the obligations of review, identification and, where appropriate, communication of information in respect of the shares or units of the collective investment institution correspond to that institution of collective investment.

(c) Where an investment fund is marketed by an entity other than the managing entity, the following rules shall apply:

1. If the marketing is not carried out by means of a system of registration in global accounts on behalf of third parties, the obligations arising out of the Agreement shall correspond to the investment fund, without prejudice to the entity (a) the management of the investment fund, which, as the case may be and pursuant to Article 5.3 of the Agreement, is responsible for its compliance with the investment fund.

2. If the placing on the market of all the shares is carried out by means of a system of registration in global accounts on behalf of third parties, the provisions of Annex II to the Agreement shall apply, having the investment fund consideration of a Spanish financial institution not required to communicate information if the requirements set out in that Annex II are met.

(d) Regarding variable capital investment companies (SICAV), if all shares in these companies are traded in Spanish stock exchanges or in the Alternative Stock Market and all are deposited in custody accounts in Spanish financial institutions required to communicate information which complies with the obligations laid down in Article 4 of the Agreement, the requirements laid down in Annex II to the Agreement shall be construed as Agreement with regard to the SICAV and therefore the subjects required to review, identify and, where appropriate, communicate the information regarding this type of financial account shall be those of the Spanish financial institutions which hold the custody accounts in which the shares issued by the SICAV are deposited.

The same treatment above will apply to the collective investment institutions governed by Article 79 of the Regulation of the Development of Law 35/2003 of 4 November, of the Collective Investment Institutions, approved by Royal Decree 1082/2012 of 13 July 2012, whose shares or units are admitted to trading on the stock exchange, including the review, identification and, where appropriate, disclosure of information in the Spanish financial institution to maintain the account of the custody of the shares and to comply with the obligations provided for in Article 4 of the Agreement.

2. In the case of foreign collective investment institutions marketed in Spain by means of a system of registration in global accounts on behalf of third parties, the marketer in Spain shall be obliged to review, identify and, in its case, communication of information in relation to the shares or units which it places on the market.

Article 12. Specific rules applicable to insurance contracts with cash value and annuity contracts.

With respect to these types of financial accounts, the following rules apply:

1. The alleged non-subjection provided for in Section II.A (3) of Annex I to the Agreement shall apply only if the Spanish financial institution required to release information is not licensed to market insurance in any state of The United States and the products are not registered with the U.S. financial markets supervisory authority.

2. For the purposes of calculating the balance or value of the account, the financial institution may use, where appropriate, the value of the rescue or the capitalisation value referred to in Order EHA3481/2008 of 1 December 2008 for which the model is approved 189 annual information statement on securities, insurance and income.

Article 13. Approval of Model 290, "Annual Statement of Financial Accounts of Certain American Persons".

1. On an annual basis, the required financial institutions referred to in Article 1 shall forward to the State Tax Administration Agency the information statement of financial accounts of certain American persons, Model 290, by sending a computer message in accordance with the procedure laid down in Article 15 of this Order, including at least the content referred to in the Annex thereto, taking into account the provisions of the Article 3 (3) (a) and (4) of the Agreement and in Article 4.1 of this Order.

2. The presentation of the information declaration shall be made between 1 January and 31 March of each year in relation to the financial information relating to the preceding year.

Article 14. Conditions and procedure for the presentation of the annual financial accounts statement of certain American persons.

The obligated financial institutions shall provide the annual information statement of financial accounts of certain American persons under the conditions and procedure laid down in Articles 16 and 17. of Order HAP/2194/2013 of 22 November 2013 governing the procedures and general conditions for the presentation of certain self-financing and information statements of a tax nature. However, due to the characteristics inherent in the annual information statement of financial accounts of certain American persons, the provisions of Article 16 (c) (c) shall not apply, nor shall it be applied in the paragraphs 1.c), (f) and (g) of Article 17 of Order HAP/2194/2013 of 22 November 2013. If the declaration contains errors, only those accounts-holder for which there is no reason for rejection shall be accepted. In this case, the reply-to-computer message shall contain the relations of accounts-holder accepted and rejected together with the expression of the reason for which they have not been accepted. In the event of rejection, the financial institution shall make the necessary corrections and shall make a new presentation in which it shall include the accounts-holder which was rejected at the time. If any of the account-holders are accepted, the response computer message will incorporate a 16-character secure verification code, in addition to the presentation date and time.

Article 15. Format and design of the computer messages.

The format and design of the computer messages in which the information statement of financial accounts of certain American persons consists, as well as the elements in which the content of the same defined in The Annex to this Order shall be those which shall, at any time, be recorded in the electronic headquarters of the State Agency for Tax Administration on the Internet.

Final disposition first. Amendment of the HAP/2194/2013 Order of 22 November 2013 regulating the general procedures and conditions for the submission of certain self-financing and information statements of a tax nature.

Model 290, information statement of financial accounts of certain American persons, is included in the statement of information referred to in Article 1 (3) of Order HAP/2194/2013, November 22, which regulates the procedures and general conditions for the presentation of certain self-actions and information statements of a tax nature.

Final disposition second. Entry into force.

This Order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, 30 June 2014.-The Minister of Finance and Public Administration, Cristobal Montoro Romero.

ANNEX

Contents of the annual financial account statement of certain U.S. persons

The computer messages that, in compliance with the provisions of this Order, are transmitted to the State Agency of Tax Administration shall contain, in the terms and conditions established by the Agreement between the Kingdom of Spain and the United States of America for the improvement of international tax compliance and the application of the U.S. tax compliance law for foreign accounts, the following information:

With respect to the financial institution required to present the information statement:

1. NIF.

2. Global Intermediary Identification Number (GIIN) obtained by registering with the competent authority of the United States of America.

3. Name or social reason.

4. Address, including at least the following data:

4.1 Country in which the indicated address is located.

4.2 Street or public path name.

4.3 Number.

4.4 Site, portal, or ladder.

4.5 Floor or door.

4.6 District or neighborhood.

4.7 Postbox.

4.8 Postal code.

4.9 City or municipality.

4.10 Province, Region, or State.

5. Country of residence.

6. Exercise, including the calendar year to which the declaration corresponds.

7. Supplementary or replacement declaration. Where the financial institution presents a second or subsequent information declaration, it shall indicate whether it is a supplementary or a replacement declaration and, where appropriate, the reference number of the replaced declaration.

In the event that the person who submits the declaration acts as "sponsoring entity" as provided for in Article 1 (2) of this Order, the information referred to in paragraphs 1 to 6 shall be provided with respect to the "sponsored investment entity", and the entity acting as "sponsoring entity".

For each financial account in respect of which, pursuant to the rules of diligence, the financial institution determines that it is a financial account subject to reporting, it shall be reported the following data:

8. Account number. It may consist of an IBAN, ISIN code, in the reference number of an insurance contract with a cash value or an annuity contract or in any other identifying code used by the financial institution required to communicate information.

9. Balance or total value of the account at the end of the calendar year, or of another relevant reference period or, in the event of cancellation of the account, at the time immediately preceding its cancellation.

10. Currency in which the account balance is expressed.

For each financial account and with respect to each financial account holder, the following information shall be included:

11. Country of residence, with optional character. More than one country of residence may be declared for each financial account holder.

12. Tax identification number attributed by the United States of America, without prejudice to the provisions of Article 3.4 of the Agreement. The tax identification number shall consist of the EIN (Employer Identification Number) code in the event that the holder of the financial account is an entity. They may be declared, if they exist, more than one U.S. tax identification number for each declared financial account holder.

13. Full name in the case of natural persons, the following information being reported separately:

13.1 First name. If the account holder has multiple names, the name that appears in the first place will be entered.

13.2 Second Name. If the account holder has multiple names, the name that appears in the second place will be entered.

13.3 Last name or last name.

14. Social name in the event that it is not a natural person.

15. Address, including at least the following data:

15.1 Country in which the indicated address is located.

15.2 Street or public path name.

15.3 Number.

15.4 Site, portal, or ladder.

15.5 Plant or Door.

15.6 District or neighborhood.

15.7 Postbox.

15.8 Postal Code.

15.9 City or municipality.

15.10 Province, Region, or State.

16. Date of birth, in the terms set out in Article 3.4 of the Agreement.

17. Type of account holder. It shall be identified if the entity holding the financial account that is the subject of the declaration is:

a) A specific American person.

(b) A non-US entity other than a financial institution, which is a liability, where one or more of the persons exercising control over the institution are citizens or residents of the United States of America.

c) A financial institution with documented headlines that are specific U.S. persons (Owner-Documented Financial Institution as provided for in Article 1 (2) of this Order).

In the event that any of the financial account holders belong to the second of the categories referred to in the previous paragraph, the following information shall be included: specific Americans exercising control over such holders. In the event that the holder of the financial account is a financial institution with documented headlines, the following information shall be entered in relation to all of its owners or members who are American persons specific, regardless of their degree of participation or control over the account holder.

18. Country of residence, with optional character. More than one country of residence may be declared for each person in respect of which it is to be reported.

19. Tax identification number attributed by the United States of America, without prejudice to the provisions of Article 3.4 of the Agreement. They may be declared, if they exist, more than one U.S. tax identification number.

20. First name. If the person in respect of whom the information is required has several names, the name shall be entered in the first place.

21. Second name. If the person in respect of whom the information is required has several names, the name shall be entered in the second place.

22. Last name or last name.

23. Address, including at least the following data:

23.1 Country in which the declared address is located.

23.2 Street or public path name.

23.3 Number.

23.4 Site, portal, or ladder.

23.5 Floor or Door.

23.6 District or neighborhood.

23.7 Postbox.

23.8 Postal Code.

23.9 City or municipality.

23.10 Province, Region, or State.

24. Date of birth, in the terms set out in Article 3.4 of the Agreement.