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RS 0.653.1 Multilateral Agreement of 29 October 2014 between Competent Authorities for the Automatic Exchange of Financial Account Information (with Annex)

Original Language Title: RS 0.653.1 Accord multilatéral du 29 octobre 2014 entre autorités compétentes concernant l’échange automatique de renseignements relatifs aux comptes financiers (avec annexe)

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0.653.1

Original text

Multilateral agreement between competent authorities concerning the automatic exchange of financial account information

Conclu on 29 October 2014

Approved by the Federal Assembly on 18 December 2015 1

Entered into force on 1 Er January 2017

(State 1 Er January 2017)

Considering that the courts of the signatories of the Multilateral Agreement between Competent Authorities concerning the automatic exchange of information relating to financial accounts (the "Agreement") Are Parties to the Convention on Mutual Administrative Assistance in Tax Matters or the Convention on Mutual Administrative Assistance in Tax Matters as amended by the amending Protocol to the Convention Concerning mutual administrative assistance in tax matters (the "Convention") 2 , or territories covered by this Convention, or have signed or expressed their intention to sign the Convention and recognized that the Convention must be in force and have taken effect in their regard before the first exchange of information takes place Relating to the financial accounts;

Whereas the courts intend to improve compliance with tax obligations at international level by further deepening their relationship with regard to mutual assistance in tax matters;

Whereas the Common Reporting Standard has been developed by the OECD, with the G20 countries, to combat tax evasion and fraud and to improve compliance with tax obligations;

Whereas a country which has signed or expressed its intention to sign the Convention shall become a Jurisdiction as defined in Section 1 of this Agreement only when it becomes a Party to the Convention;

Whereas the laws of the respective Jurisdictions impose or should require financial institutions to disclose information concerning certain accounts and to follow due diligence procedures, In accordance with the scope of the exchanges defined in Section 2 of this Agreement and the reporting and due diligence procedures set out in the Common Reporting Standard;

Whereas the law of Jurisdictions should be periodically amended to reflect updates to the Common Reporting Standard, and once these amendments have been enacted by a Jurisdiction, the definition of the Standard Common reporting will be deemed to refer to the updated version for this Jurisdiction;

Whereas Chapter III of the Convention authorises the exchange of information for tax purposes, including in an automatic way, and authorises the competent authorities of the Jurisdictions to define the scope and modalities of such exchanges Automatic;

Whereas art. 6 of the Convention provides that two or more Parties may mutually agree to exchange information automatically, and that the exchange of information shall be on a bilateral basis between competent authorities;

Whereas the Jurisdictions have established or should have in place in the first exchange (i) adequate safeguards to ensure that the information received in accordance with this Agreement remains confidential and is used Only for the purposes set out in the Convention, and (ii) the infrastructure necessary for effective exchange (including processes to ensure timely, accurate and confidential exchange of information, effective and reliable communications, And the means by which issues and concerns relating to the Trade or trade requests and to apply the provisions of Section 4 of this Agreement);

Whereas the competent authorities of the courts intend to conclude an agreement in order to improve compliance with international tax obligations on the basis of automatic exchanges under the Convention, without Prejudice to national legislative procedures (if any), in accordance with EU law (if applicable) and subject to the confidentiality and guarantees provided for in the Convention, including provisions which restrict use Information exchanged under that information;

The Competent Authorities

Agreed to the following provisions:

Section 1 Definitions

Section 2 Exchange of information relating to reportable accounts

Section 3 Timing and arrangements for the exchange of information

Section 4 Cooperation in the Implementation and Implementation of the Agreement

Section 5 Confidentiality and Data Protection

Section 6 Consultations and Amendments

Section 7 Duration of the Agreement

Section 8 Secretariat of the Coordination Body

Except as otherwise provided in the Agreement, the Secretariat of the Coordination Body shall inform all the competent authorities of any notification received under this Agreement and shall give notification to all signatories Agreement on the signing of the Agreement by a new competent authority.

2. All signatories to the Agreement shall also share, on an annual basis, the costs of the administration of the Agreement by the Secretariat of the Coordination Body. Notwithstanding the preceding sentence, eligible countries will be exempted from cost-sharing in accordance with Art. X of the Rules of Procedure of the Coordinating Body of the Convention.

Done in English and French, both texts being equally authentic.

(Suivent signatures)


Annex

MACROBUTTON NUMBERING SEQ cpara \h \r 0 SEQ ccount \h Common Reporting and Due Diligence Standard for Financial Account Information (hereinafter the "Common Reporting Standard")

Section I General reporting requirements

A. Subject to points C to E, each reporting financial institution shall declare the following information concerning each Declarable Account of the said Institution:

1.
The name, address, jurisdiction (s) of residence, tax identification number (s) (NIF) and date and place of birth (in the case of a natural person) of each Person to be reported Holder of this account and, in the case of an Entity which is the holder of this account and for which, after the application of due diligence procedures in accordance with Sections V, VI and VII, it appears that one or more persons who Hold the control are Persons to be the subject of a declaration, the name, address, The place (s) of residence and the NIF of this Entity and the name, address, jurisdiction (s) of residence, the NIF (s) and the date and place of birth of each of those persons to be reported;
2.
The account number (or its functional equivalent in the absence of an account number);
3.
The name and identification number (if any) of the reporting financial institution;
4.
The balance or value on the account (including, in the case of an insurance contract with a commuted value or an annuity contract, the commuted value) at the end of the calendar year or any other relevant reference period, or, if the Has been terminated in the year or period in question, the closing of the account;
5.
In the case of a Conservative Account:
(a)
The total gross amount of the interest, the total gross amount of the dividends and the total gross amount of other income generated by the assets held on the account, paid or credited to the account (or the account) in the calendar year or Another appropriate reference period, and
(b)
The total gross proceeds from the sale or redemption of Financial Assets paid or credited to the account in the calendar year or other relevant reference period under which the Reporting Financial Institution acted as Depositary, broker, nominee or representative of the account holder;
6.
In the case of a Deposit Account, the total gross amount of interest paid or credited to the account in the calendar year or other relevant reference period, and
7.
In the case of an account that is not referred to in point A (5) or A 6), the total gross amount paid to the account holder or credited to the account in the calendar year or other relevant reference period, including the reporting financial institution Is the debtor, including the total amount of all amounts reimbursed to the account holder during the calendar year or other appropriate reference period.

B. The information reported shall indicate the currency in which each amount is denominated.

C. Notwithstanding point A (1), in respect of each Declarable Account which is a pre-existing Account, the NIF or the date of birth shall not be disclosed if they are not in the records of the Reporting Financial Institution and if That information is not required to be obtained under its domestic law. However, a reporting financial institution is required to make reasonable efforts to obtain the NIF (s) and the date of birth of Pre-existing Accounts before the end of the second calendar year following the year Which these pre-existing accounts have been identified as declarable accounts.

D. Notwithstanding point A (1), the NIF does not have to be disclosed if (i) the Jurisdiction Submitted to the Party concerned has not issued NIF or if (ii) the domestic law of the court subject to the declaration concerned does not require the collection of NIF issued by This one.

E. Notwithstanding point A (1), the place of birth shall not be disclosed unless the reporting financial institution is otherwise required under its domestic law and that information is included among the data To be sought electronically by this institution.

Section II General obligations of due diligence

A. An account shall be considered to be a declarable account from the date on which it is identified as such pursuant to the due diligence procedures set out in Sections II to VII and, unless otherwise provided, the information In respect of a Reporting Account must be transmitted each year in the calendar year following the year in which the information is attached.

B. The balance or value of an account is the balance or value of the balance or value on the last day of the calendar year or other appropriate reference period.

C. Where a balance or value threshold is to be determined on the last day of a calendar year, the balance or value threshold must be determined on the last day of the reporting period ending at the end of that calendar year, or During this calendar year.

D. Each Jurisdiction may authorize reporting financial institutions to use service providers to meet the reporting and due diligence obligations imposed on them, in accordance with their Internal law, but these obligations remain in the area of responsibility of the reporting financial institutions.

E. Each Jurisdiction may authorize the reporting financial institutions to apply the due diligence procedures set out in the New Accounts to the Pre-existing Accounts, and to apply to the Low-Value Accounts those provided for in High-value accounts. Where a Jurisdiction authorizes the application of due diligence procedures for the New Accounts to the Pre-existing Accounts, the other rules applicable to the Pre-existing Accounts shall remain in force.

Section III Due Diligence Procedures for Pre-Existing Physical Accounts

Introduction. The following procedures apply to identify the Reportable Accounts among the pre-existing physical Person Accounts.

A. Accounts not subject to examination, identification or declaration. A pre-existing physical person account that is an insurance contract with a commuted value or an annuity contract does not have to be examined, identified or declared, provided that the law effectively prevents the reporting financial institution from To sell such contracts to residents of a reporting jurisdiction.

B. Low-value accounts. The following procedures apply to the Low-Value Accounts:

1.
Address of residence. If the reporting financial institution has in its files a current residence address of the individual account holder based on vouchers, it may consider that account holder as being resident for tax purposes, The jurisdiction in which the address is located in order to determine whether the account holder is a person to be reported.
2.
Electronic search. If the reporting financial institution does not use a current residence address of the individual account holder based on vouchers as set out in point B (1), it must examine the data that can be searched By electronic means that it maintains for the purposes of detecting one or more of the following indicators and applying points B (3) to B 6):
(a)
Identification of the account holder as a resident of a reporting Jurisdiction;
(b)
Mailing address or current residence (including a post office box) in a reporting jurisdiction;
(c)
One or more telephone numbers in a reporting jurisdiction and no telephone number in the jurisdiction of the reporting financial institution;
(d)
A permanent transfer order (other than a deposit account) on a managed account in a reporting jurisdiction;
(e)
A valid power of attorney or signature delegation to a person whose address is located in a reporting jurisdiction, or
(f)
Address marked "position remaining" or "Attention" in a Jurisdiction subject to a declaration if the Reporting Financial Institution has no other registered address for the account holder.
3.
If the review of the data by electronic means does not reveal any of the indicators listed in point B (2), no new approach is required until a change in circumstances occurs and results in one or more indicators being Associated with this account, or that this account becomes a High Value Account.
4.
If the review of the data by electronic means reveals one of the indicators listed in items B (2) (a) to B (2) (e) or if a change in circumstances occurs that results in one or more subscripts associated with that account, the Reporting Financial Institution Is required to treat the account holder as a resident for tax purposes of each of the jurisdictions subject to the declaration for which an index is identified, unless it chooses to apply point B (6) and one of the exceptions Point applies to this account.
5.
If the words "remaining post" or "for the attention of" are in the electronic file and no other addresses and other indicators listed in items B (2) (a) to B (2) (e) are discovered for the account holder, the Financial Institution In the order most appropriate to the circumstances, conduct the research in the paper files set out in point C (2), or endeavour to obtain a self-certification or supporting documentation from the holder of the account. The address or addresses of residence for tax purposes of that licensee. If the paper records search does not reveal any evidence and if the attempt to obtain the self-certification or supporting documentation fails, the Reporting Financial Institution must report the account as an undocumented account.
6.
Notwithstanding the discovery of indices referred to in point B (2), a reporting financial institution is not required to consider a account holder as a resident of a reporting Jurisdiction in the following cases:
(a)
The information about the account holder includes a mailing address or current residence address in the jurisdiction subject to the declaration concerned, one or more telephone numbers in that same jurisdiction subject to declaration (and none Telephone number within the jurisdiction of the reporting financial institution) or permanent transfer orders (relating to Financial Accounts other than Deposit Accounts) on a managed account in a reporting jurisdiction And the Reporting Financial Institution obtains, or has previously examined, and retains a Copies of the following documents:
(i)
A self-certification by the account holder of the court (s) in which he resides who does not mention this report, and
(ii)
A Exhibit that establishes that the account holder is not subject to reporting;
(b)
The account holder information includes a valid power of attorney or signature delegation to a person whose address is located in the Reporting Authority and the Reporting Financial Institution Obtains, or has previously examined, and maintains a copy of the following documents:
(i)
A self-certification by the account holder of the court (s) where he or she resides who does not mention this Jurisdiction (s) submitted for declaration, or
(ii)
A Exhibit that establishes that the account holder is not subject to reporting.

C. Enhanced Review Procedures for High Value Accounts. The following in-depth review procedures apply to the High Value Accounts:

1.
Electronic search. In the case of the High Value Accounts, the reporting financial institution is required to examine the data that it holds and which can be searched electronically for one of the indicators identified in point B 2.
2.
Search on paper files. If the databases of the reporting financial institution which can be searched by electronic means contain fields containing all the information specified in point C (3) and allow to understand the contents, none Other search in paper files is not required. If these databases do not contain all this information, the Reporting Financial Institution is also required, for a High Value Account, to review the current client's main file and, to the extent that this information does not Are not included, the following documents associated with the account and obtained by the reporting financial institution in the preceding five years in order to search for one of the indicators set out in point B 2):
(a)
The most recently collected evidence relating to the account;
(b)
The most recent convention or account opening document;
(c)
The most recent documentation obtained by the Reporting Financial Institution under the Procedures for Identification of Clients and Anti-Money Laundering (AML/KYC) or for other legal reasons;
(d)
Any valid power of attorney or signature delegation, and
(e)
Any permanent transfer order (except for a Deposit Account) that is valid.
3.
Applicable exception if the databases contain enough information. A reporting financial institution is not required to search the paper files contained in point C (2) if the information of the institution that can be searched by electronic means includes the elements Following:
(a)
The status of the holder of the residence account;
(b)
The address of residence and mailing address of the account holder on file with the Reporting Financial Institution;
(c)
The potential telephone number (s) of the account holder who appears on the record of the Reporting Financial Institution;
(d)
In the case of Financial Accounts other than Deposit Accounts, a possible order of permanent transfer from the account to another account (including an account with another branch of the Reporting Financial Institution or another Financial Institution);
(e)
A possible address marked "remaining position" or "for the attention of" for the account holder, and
(f)
A possible power of attorney or signature delegation on the account.
4.
Information is obtained from the client manager for a real knowledge of the account. In addition to the research in the computer and paper files contained in points C (1) and C (2), the Reporting Financial Institution is required to consider as a Reportable Account any High Value Account entrusted to a customer charge (y Including any Financial Accounts that are bundled with this High Value Account) if this customer is aware that the account holder is a person to be reported.
5.
Consequences of the discovery of indices
(a)
If the in-depth examination of the High Value Accounts set out in C does not reveal any of the indicators listed in point B (2), and the application of point C (4) does not establish that the account is held by a person who is to be the subject of a Statement, no new approach is required until a change in circumstances occurs that results in one or more indices associated with this account.
(b)
If the in-depth examination of the High Value Accounts set out in point C reveals one of the indications listed in items B (2) (a) to B (2) (e), or in the case of subsequent changes in circumstances resulting in the inclusion of one or more indices, The reporting financial institution must consider the account as a reportable account for each of the reporting jurisdictions for which an index is found, unless it chooses to apply point B 6) and one of the exceptions Of this item shall apply to that account.
(c)
If the in-depth review of the High Value Accounts set out in C indicates "remaining position" or "Attention" and no other address and other indicators listed in items B (2) (a) to B (2) (e) are identified for the Holder of the account, the reporting financial institution must obtain a self-certification from the holder of the account, or a Voucher showing his or her address or addresses of residence for tax purposes. If the reporting financial institution fails to obtain this self-certification or exhibit, it must report the account as an undocumented account.
6.
If, as at December 31, [...] a pre-existing Physical Person Account is not a High Value Account but becomes the last day of any subsequent calendar year, the Reporting Financial Institution shall apply the procedures to that account. A comprehensive review set out in C for the year following the calendar year in which the account becomes a High Value Account. If, on the basis of this examination, it appears that this account is a reportable account, the reporting financial institution must provide the required information on that account for the year in which it is identified as a reportable account and For the following years on an annual basis, unless the account holder ceases to be a person to be reported.
7.
After a reporting financial institution has applied the comprehensive review procedures set out in C to a High Value Account, it is no longer required to renew these procedures in subsequent years, except for the Client information set out in C 4), unless the account is not documented, in which case the Reporting Financial Institution should renew it every year until such time as the account ceases to be undocumented.
8.
If a change in circumstances pertaining to a High Value Account occurs and has the consequence that one or more of the indicia listed in B 2) are associated with this account, the Reporting Financial Institution shall consider the account as a Declarable account for each reportable Jurisdiction for which an index is identified, unless it chooses to apply point B (6) and one of the exceptions of that point applies to that account.
9.
A Reporting Financial Institution is required to implement procedures to ensure that customer managers identify any change in circumstances in relation to an account. If, for example, a customer manager is informed that the account holder has a new mailing address in a reporting jurisdiction, the reporting financial institution must consider this new address as a Change of circumstances and, if it chooses to apply point B (6), it is required to obtain the required documents from the account holder.

D. The review of the Pre-existing Physical Person Accounts shall be completed by [...] at the latest.

E. Any pre-existing physical Person Account that has been identified as a Reporting Account in accordance with this Section shall be deemed to be a Reporting Account in subsequent years, unless the Account Holder ceases to be a Person To be reported.

Section IV Due Diligence Procedures for New Physical Person Accounts

The following procedures apply to identify the Reportable Accounts among the New Physical Person Accounts.

A. In the case of the New Physical Person Accounts, the reporting financial institution must obtain a self-certification (which may be part of the documents given at the opening of the account) at the opening of the account. Determine the address or residence addresses of the account holder for tax purposes and confirm the likelihood of self-certification based on information obtained through the opening of the account, including Documents collected in application of Customer Identification and Control Procedures Anti-money laundering (AML/KYC).

B. If the self-certification establishes that the account holder resides for tax purposes in a reporting jurisdiction, the reporting financial institution must consider the account as a reportable account and the self-certification must be Indicate the NIF of the account holder for this reporting Jurisdiction (subject to Section I, item D) and its date of birth.

C. If a change in circumstances pertaining to a New Physical Person Account occurs and has the consequence that the Reporting Financial Institution finds or has any reason to know that the initial self-certification is inaccurate or not Reliable, the said institution cannot use this self-certification and must obtain a valid self-certification that specifies the address or residence addresses of the account holder for tax purposes.

Section V Due Diligence Procedures for Existing Entity Accounts

The following procedures apply to identify the reportable accounts among the pre-existing Entity Accounts.

A. Accounts of entities not subject to examination, identification or declaration. Unless the Reporting Financial Institution decides otherwise, either in respect of all pre-existing Entity Accounts or, separately, in relation to a clearly identified group of such accounts, a pre-existing Entity Account with a balance or Aggregate value does not exceed US$ 250,000 (USD) to 31 December [...] does not have to be examined, identified or declared as Declarable Account until its balance or aggregated value exceeds this amount on the last day of any calendar year Later.

B. Entity accounts subject to review. A pre-existing Entity Account whose balance or aggregate value exceeds $250,000 as at December 31, [...] and a pre-existing Entity Account that does not exceed this amount as at December 31 [...] but whose balance or aggregate value exceeds this amount at the last Day of any subsequent calendar year, shall be considered in accordance with the procedures outlined in D.

C. Entity accounts for which a declaration is required. With regard to the Accounts of pre-existing entities set out in point B, only accounts held by one or more Entities that are persons to be reported, or by passive ENFs of which one or more persons who Hold the control are Persons to be reported, must be considered as reportable accounts.

D. Examination procedures for identifying the accounts of entities for which a declaration is required. For the Accounts of Pre-Existing Entities set out in B, the Reporting Financial Institution shall apply the following review procedures to determine whether the account is held by one or more persons to be the subject of a Declaration, or by passive ENFs, of which one or more persons who hold the control are persons to be reported:

1.
Determine if the Entity is a person to be reported.
(a)
Review information obtained for regulatory or client relations purposes [including information gathered as part of Customer Identification and Anti-Money Laundering Procedures (AML/KYC)] Determine whether this information indicates that the account holder is resident in a reporting jurisdiction. To this end, the place of incorporation or creation or an address in a Jurisdiction subject to declaration form part of the information indicating that the holder of the account is resident in a Jurisdiction subject to declaration.
(b)
If the information obtained indicates that the account holder is resident in a reporting jurisdiction, the reporting financial institution must consider the account as a reportable account unless it obtains a self-certification The holder of the account or if it determines with sufficient certainty on the basis of information in its possession or which is available to the public that the holder of the account is not a person to be reported.
2.
Determine whether the Entity is a passive ENF of which one or more persons who have control of it are Persons to be reported. In the case of the holder of a pre-existing Entity Account (including an Entity which is a person to be reported), the Reporting Financial Institution must determine whether the account holder is a passive ENF of which one or Many of the persons who hold the control are Persons to be reported. If this is the case, the account must be considered a reportable account. To this end, the reporting financial institution must follow the guidelines referred to in points D (2) (a) to D (2) (c) in the order most appropriate to the circumstances.
(a)
Determine if the account holder is a passive ENF. In order to determine whether the account holder is a passive ENF, the reporting financial institution must obtain self-certification from the account holder establishing its status, unless it determines with sufficient certainty on the basis of Information in its possession or which is available to the public that the account holder is an active ENF or a financial institution other than an Investment Entity set out in Section VIII, point A (6) (b), which is not an Institution Financial of a partner court.
(b)
Identify the persons holding the control of a account holder. In order to determine the persons holding the control of a account holder, a reporting financial institution may rely on the information collected and stored as part of the procedures for identifying customers and fighting AML/KYC.
(c)
Determine whether a Person holding the control of a passive ENF is a person to be reported. To determine whether a person holding the control of a passive ENF is a person to be reported, a reporting financial institution may be based on:
(i)
Information collected and stored in accordance with the Procedures for the identification of clients and the fight against money laundering (AML/KYC) in the case of a pre-existing Entity Account held by one or more ENF and whose balance or value Aggregate does not exceed 1 000 000 USD, or
(ii)
A self-certification of the account holder or the person by holding control of the jurisdiction (s) of which the person is a resident for tax purposes.

E. Implementation schedule for the review and additional procedures applicable to the Pre-existing Entity Accounts.

1.
The review of the Accounts of pre-existing entities with a balance or aggregate value of more than USD 250,000 as at 31 December [...] shall be completed by 31 December [...].
2.
The review of the Accounts of pre-existing entities whose balance or aggregate value is not more than $250,000 as at December 31, [...] but is greater than that amount by December 31 of any subsequent year shall be completed in the following calendar year: The year in which the balance or aggregate value of the account was greater than that amount.
3.
If a change in circumstances pertaining to a pre-existing Entity Account occurs and has the consequence that the Reporting Financial Institution knows or has any reason to know that the self-certification or other document associated with the account is incorrect Or is not reliable, this reporting financial institution must re-determine the status of the account by applying the procedures described in D.

Section VI Due Diligence Procedures for New Entity Accounts

The following procedures apply to identify the Reportable Accounts among the New Entity Accounts.

A. Examination procedures for the identification of the accounts of entities for which a declaration is required. For the New Entity Accounts, a reporting financial institution must apply the following review procedures to determine whether the account is held by one or more persons to be reported, or by ENF Passive of which one or more persons holding the control must be declared:

1.
Determine if the Entity is a person to be reported.
(a)
Obtain a self-certification, which may be part of the documents provided at the opening of the account, allowing the Reporting Financial Institution to determine the address or residence addresses of the account holder for tax purposes and Confirm the likelihood of self-certification based on information obtained through the opening of the account, including documents collected under the procedures for identifying and combating clients Laundering (AML/KYC). If the Entity certifies that it does not have a residence address for tax purposes, the Reporting Financial Institution may rely on the address of its principal place of business in order to determine the residence of the account holder.
(b)
If the self-certification determines that the account holder resides in a reporting jurisdiction, the reporting financial institution must consider the account as a reportable account unless it determines with sufficient certainty on The information base in its possession or which is available to the public that the holder of the account is not a person who is to be the subject of a declaration in respect of that court subject to declaration.
2.
Determine whether the Entity is a passive ENF of which one or more persons who have control of it are Persons to be reported. In the case of a Holder of a New Entity Account (including an Entity which is a Person to be reported), the Reporting Financial Institution must determine whether the account holder is a passive ENF of which one or Many of the persons who hold the control are Persons to be reported. If this is the case, the account must be considered a reportable account. To this end, the reporting financial institution must follow the guidelines referred to in points A (2) (a) to (2) (c) in the order most appropriate to the circumstances.
(a)
Determine if the account holder is a passive ENF. In order to determine whether the account holder is a passive ENF, the reporting financial institution must rely on self-certification by the account holder establishing its status, unless it determines with sufficient certainty on the basis of Information in its possession or which is available to the public that the account holder is an active ENF or a financial institution other than an investment entity described in section VIII point A 6) (b) not an institution Financial of a partner court.
(b)
Identify the persons holding the control of a account holder. To determine which persons hold the control of a account holder, a reporting financial institution may rely on the information collected and stored as part of the Procedures for the Identification of Clients and Fight against money laundering (AML/KYC).
(c)
Determine whether a Person holding the control of a passive ENF is a person to be reported. To determine whether a person holding the control of a passive ENF is a person to be reported, a reporting financial institution may be based on self-certification by the account holder or that person.

Section VII Special rules on due diligence

For the implementation of the due diligence procedures described above, the following additional rules apply.

A. Use of Certifications and Supporting Documentation. A reporting financial institution cannot rely on a self-certification or exhibit if it knows or has any reason to know that this self-certification or exhibit is inaccurate or unreliable.

B. Alternative procedures for the financial accounts held by a natural person who is a beneficiary of an insurance contract with a commuted value or an annuity contract. A reporting financial institution may presume that the recipient of an insurance contract with a commuted value or an annuity contract (other than the subscriber) who collects capital as a result of a death is not a person to do The subject-matter of a return and may consider that this Financial Account is not a Reportable Account unless the Reporting Financial Institution is actually aware of the fact that the recipient of the capital is a Person to be the subject of A declaration or a place of knowledge. A reporting financial institution has every reason to know that the beneficiary of the capital of an insurance contract with a commuted value or an annuity contract is a person who is to be the subject of a declaration if the information collected by The financial institution declaring and associated with the beneficiary shall include indices set out in Section III, point B. If a reporting financial institution is actually aware of the fact, or has any place of knowledge, that the beneficiary is A person who is to be declared, must follow the procedures As set out in Section III, point B.

C. Aggregation of account balances and currency conversion rules.

1.
Aggregation of account balances of natural persons. To determine the balance or aggregate value of the financial accounts held by a natural person, a reporting financial institution must aggregate all financial accounts managed by it or a related entity, but only to the extent that Its computer systems link these accounts with data such as the customer number or the NIF, allowing for the aggregation of account balances or values. Each holder of an attached account shall be allocated the total of the balance or value of that account for the purposes of applying the aggregation rules set out in this item.
2.
Aggregation of Entity Accounts balances. To determine the balance or aggregate value of the Financial Accounts held by an Entity, a reporting financial institution must take into account all financial accounts held with it or with a related entity, but only in the Where its computer systems link these accounts with data such as the customer number or the NIF, thus allowing the aggregation of the balances or the values of the accounts. Each holder of an attached account shall be allocated the total of the balance or value of that account for the purposes of applying the aggregation rules set out in this item.
3.
The specific aggregation rule that is applicable to customer managers. To determine the balance or aggregate value of the financial accounts held by a person for the purpose of determining whether a financial account is of high value, a reporting financial institution must also aggregate the balances of all accounts Where a customer manager knows or has any place to know that these accounts belong directly or indirectly to the same person or that they are controlled or have been opened by the same person (except in the case of an opening in a fiduciary capacity).
4.
The amounts include their equivalent in other currencies. All amounts are denominated in United States dollars and refer to their countervalue in other currencies, in accordance with national legislation.

Section VIII Definitions

The following terms and expressions have the meaning:

A. Reporting Financial Institution

1.
The term "Reporting financial institution" means any financial institution of a partner Jurisdiction that is not a non-reporting financial institution.
2.
The term "financial institution of a partner court" means: (i) any financial institution resident in a partner jurisdiction, excluding any branch of that financial institution situated outside the territory of that financial institution Partner Jurisdiction; and ii) any branch of a non-resident Financial Institution of a Partner Jurisdiction if this branch is established in this Partner Jurisdiction.
3.
The term "financial institution" means an establishment managing deposits of securities, a deposit-taking institution, an investment entity or a particular insurance organisation.
4.
The term "securities depository institution" means an entity, of which a substantial part of the activity consists in holding financial assets on behalf of third parties. This is the case if the entity's gross income attributable to the holding of Financial Assets and Related Financial Services is equal to or greater than 20 % of the Entity's gross income for the shortest period of the following two periods: A three-year period ending on December 31 (or the last day of a lagged accounting period) preceding the year in which the calculation is made; or (ii) the period of existence of the Entity if it is less than three years.
5.
"Depository institution" means an entity that accepts deposits in the usual framework of a banking or similar activity.
6.
The term "investment entity" means any entity:
(a)
Which carries out as a principal activity one or more of the following activities or operations on behalf of or on behalf of a client:
(i)
Transactions in money market instruments (cheques, notes, certificates of deposit, derivatives, etc.), the foreign exchange market, foreign currency instruments, interest rates and indices, securities or futures markets Goods,
(ii)
Individual or collective portfolio management, or
(iii)
Other investment, administration or management of financial assets or money on behalf of third parties, or
(b)
Whose gross revenue is derived primarily from an investment, reinvestment or trading activity of Financial Assets, if the Entity is managed by another Entity which is a deposit-taking institution, a deposit-taking institution Securities, a particular insurance organisation or an investment entity described in point A 6 (a).
An Entity shall be considered as the main activity one or more of the activities referred to in point A 6 (a), or the gross income of an Entity derives primarily from an investment, reinvestment or negotiation activity Financial assets for the purposes of point A 6 (b), if the entity's gross income generated by the corresponding activities is equal to or greater than 50 % of its gross income during the shortest period of the following two periods: (i) the three-year period ending on December 31 of the year preceding the year in which the calculation is made; or (ii) the period of existence of the Entity if it is less than three years. The term "Investment Entity" excludes an Entity which is an active ENF because that Entity meets the criteria referred to in points D 9 (d) to D 9 (g).
This paragraph is interpreted in accordance with the definition of "financial institution" in the recommendations of the Financial Action Task Force (FATF).
7.
"Financial assets" means a title (for example, representing a share of capital in a capital corporation; a share or right of enjoyment in a partnership with many partners or in a limited partnership) By shares listed on the stock exchange, or a trust; another obligation or another debt obligation), an interest, a good, a contract of exchange (for example, interest rates, currencies, reference rates, guarantee of a ceiling rate And floor rate, contract of exchange of goods, receivables against assets, contract on Stock indices and similar agreements), an insurance contract or an annuity contract, or any right (including a futures contract or an over-the-counter contract or an option) attached to a title, interest, commodity, contract Exchange, an insurance contract or an annuity contract. A direct interest in real property without recourse to borrowing is not a "Financial Asset".
8.
The term "special insurance body" means any insurance organization (or holding company of an insurance organization) that issues an insurance contract with a commuted value or an annuity contract or is required to make payments Related to this contract.

B. Non-Reporting Financial Institution

1.
"Non-reporting financial institution" means any financial institution that is:
(a)
A Public Entity, an International Organisation or a Central Bank, except in respect of a payment resulting from an obligation held in connection with a commercial financial activity carried on by a particular insurance organisation, Deposit-taking institution or establishment managing securities deposits;
(b)
A broad-based Pension Fund; a Close-Participation Pension Fund; a Public Entity Pension Fund, an International Organization or a Central Bank; or a Registered Credit Card Issuer;
(c)
Any other Entity that has a low risk of being used for a purpose of tax fraud, which displays characteristics substantially similar to those described in points B 1 (a) and B 1 (b), and which is defined in domestic law in As a non-reporting financial institution, provided that its non-reporting financial institution status does not conflict with the objectives of the Common Reporting Standard;
(d)
An exempt collective investment agency, or
(e)
A trust to the extent that the trustee of this trust is a reporting financial institution and communicates all information required under Division I relating to all of the Trust's Reportable Accounts.
2.
The term "public entity" means the government of a court, a political subdivision of a court (a term which, in order to avoid any ambiguity, includes a State, a province, a county or a municipality) or any institution or body Held in full by the aforementioned entities (each constituting a "Public Entity"). This category includes the integral parts, controlled entities and political subdivisions of a jurisdiction.
(a)
An "integral part" of a jurisdiction means any person, organization, agency, office, fund, corporation or other body, regardless of its designation, which constitutes a governing authority of a court. The net income of the governing authority must be credited to its own account or other accounts of the jurisdiction, and no portion of that income can accrue to a private person. An integral part excludes any person who is a leader, manager or director acting in private or personal capacity.
(b)
A "controlled entity" means an Entity distinct from the jurisdiction or which constitutes a legally separate entity, provided that:
(i)
The Entity is wholly owned and controlled by one or more public entities, directly or through one or more controlled entities;
(ii)
The net income of the Entity is credited to its own account or to the accounts of one or more public entities, and no portion of that income may accrue to a private person, and
(iii)
The assets of the Entity accrue to one or more public entities upon its dissolution.
(c)
Income does not accrue to private persons if these persons are the intended beneficiaries of a public program and whether the activities covered by this program are carried out for the general public in the public interest or relate to The administration of part of the government. Notwithstanding the foregoing, income shall be regarded as perceived by private persons if it arises from the use of a Public Entity in order to engage in a commercial activity, such as business banking, which provides Financial benefits to private persons.
3.
The term "International Organization" means an international organization or any institution or organization wholly owned by that organization. This category includes any intergovernmental organization (including a supranational organization) (i) which consists primarily of governments; (ii) which has a headquarters agreement or substantially similar agreement with the Jurisdiction; and (iii) whose income does not accrue to private persons.
4.
The term "central bank" means an institution which, by virtue of the law or a public decision, is the principal authority, other than the government of the court itself, which issues instruments for use as Currency. This institution may have a separate body from the government of the court, whether or not it is held in whole or in part by that court.
5.
"Wide-participating pension fund" means a fund established for the purpose of paying retirement, disability or death benefits, or a combination of them, to beneficiaries who are current or former employees Employees (or persons designated by those employees) of one or more employers in return for services rendered, provided that the credit union:
(a)
Is not characterised by the existence of a single beneficiary holding a right in more than 5 % of the assets of the credit union;
(b)
Is subject to public regulation and provides information to tax authorities, and
(c)
Meets one or more of the following requirements:
(i)
The credit union is generally exempt from tax on investment income, or the taxation of such income is deferred or reduced by virtue of its pension or pension status,
(ii)
The credit union receives at least 50 % of the total of its contributions [except for transfers of assets from other schemes set out in items B (5) to B 7) or the pension and pension accounts described in point C 17 (a)] of the employers who finance it,
(iii)
Payments or withdrawals from the credit union are authorized only when the events scheduled for retirement, disability or death occur [other than periodic payments to other pension funds described in Points B (5) to B (7) or to the pension and pension accounts described in C (17) (a)], or penalties apply to payments or withdrawals made prior to the occurrence of these events, or
(iv)
Contributions (with the exception of certain authorised regularisation contributions) of employees to the credit union are limited by reference to the employment income of the employee or may not exceed, annually, USD 50 000, applying the rules In Section VII, point C, relating to the aggregation of account balances and currency conversion.
6.
"Close-participation pension fund" means a fund established for the purpose of providing retirement, disability or death benefits to beneficiaries who are current employees or former employees (or designated persons) By those employees) of one or more employers in return for services rendered, provided that:
(a)
The credit union has fewer than 50 members;
(b)
The credit union is financed by one or more employers who are not investment entities or passive ENFs;
(c)
Salary and employer contributions to the credit union [except for transfers of pension and pension account assets set out in point C 17) (a)] are limited by reference to the income of the employee and the remuneration of the employee;
(d)
Members who are not established in the jurisdiction in which the credit union is located cannot hold more than 20 % of the assets of the credit union, and
(e)
The credit union is subject to public regulation and provides information to the tax authorities.
7.
The term "Pension Fund of a Public Entity, an International Organization or a Central Bank" means a fund set up by a Public Entity, an International Organisation or a Central Bank for the purpose of providing benefits Retirement, invalidity or death to beneficiaries or members who are current or former employees (or persons designated by those employees), or who are not current or former employees, if the benefits Paid to these beneficiaries or members are in return for personal services rendered to The Public Entity, the International Organisation or the Central Bank.
8.
"Registered credit card issuer" means a financial institution that meets the following criteria:
(a)
The financial institution has this status only because it is a credit card issuer that accepts deposits on the sole condition that a customer makes a payment whose amount exceeds the balance owing under the card and that Surplus is not immediately returned to the customer, and
(b)
From [...] or before that date, the Financial Institution shall implement rules and procedures to prevent a customer from making an excess payment of more than USD 50 000 or to ensure that any overpayment Above this amount is refunded to the customer within 60 days, by systematically applying the rules set out in Section VII, point C, concerning the aggregation of account balances and currency conversion. To this end, a surplus of payment by a customer excludes credit balances attributable to disputed charges, but includes credit balances resulting from returns of goods.
9.
The term "collective investment entity" means a regulated investment entity as a collective investment entity, provided that the holdings in that organization are held in full by or by The intermediary of natural persons or entities that are not notifiable persons, except for a passive ENF whose persons under control are persons to whom a declaration is to be made.
A regulated investment entity as a collective investment body shall not escape the status of a collective investment organisation referred to in point B (9) simply because the collective investment body has issued physical securities to the Carrier as soon as:
(a)
The collective investment organization has not issued and does not issue tangible securities to the bearer after the [...];
(b)
The collective investment organization withdraws all such securities when they are disposed of;
(c)
The collective investment body performs the due diligence procedures set out in Sections II to VII and transmits all information that must be disclosed in respect of those securities when they are submitted for redemption or otherwise Payment, and
(d)
The collective investment agency has set up rules and procedures to ensure that such securities are redeemed or detained as quickly as possible, and in any event before the [...].

C. Financial Account

1.
"Financial Account" means an account opened with a Financial Institution and includes a Deposit Account, a Conservative Account and:
(a)
In the case of an Investment Entity, any equity or debt obligation deposited with the Financial Institution. Notwithstanding the above, the term "Financial Account" does not refer to an equity or debt obligation deposited with an entity that is an Investment Entity by reason only that it: i) provides investment advice to a customer And acts on behalf of the latter; or (ii) manages portfolios for a client and acts on behalf of a client for the purpose of investing, managing or administering financial assets deposited on behalf of the client to a financial institution other than This Entity;
(b)
In the case of a financial institution not referred to in paragraph C 1 (a), any equity or debt obligation in that financial institution, if the class of securities in question has been created in order to avoid the statements provided for in the section I, and
(c)
Any repurchase value insurance contract and any annuity contract established or managed by a financial institution other than a life annuity that is immediate, incessible and not related to an investment, that is paid to a person Which is a pension or disability pension collected under an account that is an Excluded Account.
The term "Financial Account" does not include an account that is an Excluded Account.
2.
The term "deposit account" includes all accounts and chequing, saving or term accounts and accounts that are attested by a certificate of deposit, a certificate of savings, an investment certificate, a title of Or another similar instrument held at a financial institution in the usual framework of a banking or similar activity. The Deposit Accounts also include amounts held by insurance organizations under a guaranteed investment contract or a similar contract to pay interest or credit to the holder.
3.
The term "Conservative account" means an account (other than an insurance contract or an annuity contract) on which one or more financial assets are included for the benefit of another person.
4.
"Equity" means, in the case of a partnership that is a financial institution, any interest in the capital or profits of that corporation. In the case of a trust which is a financial institution, a "Title of participation" shall be deemed to be held by any person considered to be the grantor or beneficiary of all or part of the trust or any other natural person exercising Last place an effective control over the trust. A person who is to be the subject of a declaration shall be deemed to be the beneficiary of a trust if it has the right to benefit, directly or indirectly [through a nominee (s), for example], of a mandatory distribution Or discretionary on the part of the trust.
5.
The term "insurance contract" means a contract (with the exception of an annuity contract) under which the insurer agrees to pay a sum of money in the event of a particular risk, including death, sickness, accident, Civil liability or material damage.
6.
"Annuity contract" means a contract in which the insurer undertakes to make payments for a certain period of time, which is determined in whole or in part by the life expectancy of one or more natural persons. This expression also includes any contract considered to be an annuity contract by the law, the regulation or the practice of the jurisdiction in which that contract has been established, and under which the insurer undertakes to make payments For several years.
7.
The term "Purchase value insurance contract" means an insurance contract (excluding a damage reinsurance contract between two insurance bodies) that has a commuted value.
8.
The term "commuted value" refers to the greater of the following two amounts: (i) the amount that the policyholder of the insurance contract is entitled to receive in the event of the repurchase or termination of the contract (calculated without deduction of any repurchase costs Or advances); and (ii) the amount that the policyholder of the insurance contract may borrow under the contract or in respect of its object. Notwithstanding the above, the term "commuted value" does not include an amount owing under an insurance contract:
(a)
Solely because of the death of a person insured under a life insurance contract;
(b)
Compensation for personal injury, illness or economic loss incurred in the course of carrying out an insured risk;
(c)
In respect of a refund to the subscriber of a previously paid premium (less the cost of insurance charges than or not imposed) under an insurance contract (other than a life insurance contract or an annuity contract) Due to the cancellation or termination of the contract, a decrease in the exposure to the risk during the period in which the insurance contract is in force or resulting from a recalculation of the premium Necessary by correcting a clerical error or other similar error;
(d)
In respect of the participation in the profits of the policyholder of the contract (other than dividends paid upon termination of the contract) provided that it relates to an insurance contract under which the only benefits payable are those Set out in point C 8 (b), or
(e)
In respect of the return of an advance premium or a premium deposit for an insurance contract whose premium is payable at least once a year if the amount of the early premium or premium deposit does not exceed the amount of the premium The title of the following year.
9.
"Pre-existing Account" means a Financial Account managed on [...] by a reporting financial institution.
10.
The term "New account" means a Financial Account that is open from [...] to a reporting financial institution.
11.
The term "pre-existing physical person account" means a pre-existing account held by one or more natural persons.
12.
"New account of natural person" means a New account held by one or more natural persons.
13.
"Pre-existing entity account" means a pre-existing account held by one or more Entities.
14.
The term "low value account" means an existing Physical Person Account whose balance or aggregate value as at December 31 [...] does not exceed $1,000,000.
15.
"High value account" means a pre-existing physical person account whose balance or aggregate value exceeds $1,000,000 as at December 31, [...] or December 31 of a subsequent year.
16.
"New Entity Account" means a New Account held by one or more Entities.
17.
"Excluded Account" means the following accounts:
(a)
A pension or pension account that meets the following criteria:
(i)
The account is regulated as a personal retirement account or is part of a registered or regulated pension or pension plan that provides for the payment of pension or pension benefits (including disability or death),
(ii)
The account benefits from favourable tax treatment (payments that would normally be subject to tax are deductible or excluded from the gross income of the account holder or are taxed at reduced rates, or the taxation of investment income Generated by the account is deferred or reduced),
(iii)
Information on the account must be communicated to the tax authorities,
(iv)
Withdrawals are only possible from the age of retirement, the occurrence of a disability or death, or withdrawals made prior to such events are subject to penalties, and
(v)
Either (i) the annual contributions are limited to USD 50,000 or less, or (ii) a ceiling of USD 1 000 000 or less applies to the total contributions made in the course of the life of the subscriber, following each time the rules set out in the section VII, point C, concerning the aggregation of account balances and currency conversion.
A financial account which, for the remainder, meets the criterion set out in point C (17) (a) (v) cannot be regarded as satisfactory not only because it is likely to receive assets or funds transferred from one or more accounts In accordance with the requirements set out in point C (17) (a) or (C 17) (b) or of one or more pension funds or pension funds which meet the requirements set out in points B (5) to B 7).
(b)
An account that meets the following criteria:
(i)
The account is regulated as an investment medium for purposes other than retirement and is the subject of regular transactions in a regulated stock market, or is regulated as a means of saving for purposes other than retirement,
(ii)
The account benefits from favourable tax treatment (payments that would normally be subject to tax are deductible or excluded from the gross income of the account holder or are taxed at reduced rates, or the taxation of investment income Generated by the account is deferred or reduced),
(iii)
Withdrawals are subject to compliance with certain criteria related to the purpose of the investment or savings account (for example, the payment of educational or medical benefits), or penalties apply to withdrawals made before these Criteria are not met, and
(iv)
Annual contributions are capped at USD 50 000 or less, applying the rules set out in Section VII, point C, concerning the aggregation of account balances and currency conversion.
A financial account which, for the remainder, meets the criterion set out in point C (17) (b) (iv) cannot be regarded as satisfactory not only because it is likely to receive assets or funds transferred from one or more accounts In accordance with the requirements set out in point C (17) (a) or (C 17) (b) or of one or more pension funds or pension funds which meet the requirements set out in points B (5) to B 7).
(c)
A life insurance contract whose period of coverage ends before the insured person reaches the age of 90, provided that the contract meets the following requirements:
(i)
Periodic premiums, the amount of which remains constant in the duration, shall be payable at least once a year during the life of the contract or until the insured reaches the age of 90, if that period is shorter,
(ii)
It is not possible for anyone to benefit from the contractual benefits (withdrawal, loan or other) without terminating the contract,
(iii)
The sum (other than death benefit) payable in the event of cancellation or termination of the contract may not exceed the total of the premiums paid under the contract, less all the costs of mortality, morbidity and exploitation (which they Whether or not imposed) for the period or periods of existence of the contract and any amount paid before the cancellation or termination of the contract, and
(iv)
The contract is not kept by an assignee for consideration.
(d)
An account that is held only by an estate if the documentation for that account includes a copy of the deceased's will or death certificate;
(e)
An account opened in connection with one of the following:
(i)
A decision or judgment of a court,
(ii)
The sale, exchange or rental of real property or personal property, provided that the account meets the following requirements:
-
The account is financed only by a deposit paid as a deposit of an amount sufficient to guarantee an obligation directly related to the transaction, or by a similar payment, or is financed by a financial asset entered into the account in relation With the sale, exchange or rental of the property,
-
The account is open and used only to guarantee the obligation impart to the purchaser to pay the purchase price of the property, to the seller to pay any contingent liabilities, or to the lessor or the tenant to take over any damage related to the leased property according to the The provisions of the lease,
-
The assets of the account, including the income it generates, will be paid or paid to the purchaser, the vendor, the lessor, or the lessee (including to cover its liabilities) at the time of the sale, exchange or assignment of the property, or Lease,
-
The account is not a margin or similar account opened in connection with a sale or exchange of a Financial Asset, and
-
The account is not associated with an account described in point C 17 (f),
(iii)
The obligation, for a financial institution that grants a loan guaranteed by immovable property, to reserve a part of a payment solely to facilitate the payment of taxes or insurance premiums relating to the immovable property in the future,
(iv)
The requirement for a financial institution to facilitate the payment of taxes in the future;
(f)
A Deposit Account that meets the following requirements:
(i)
The account exists only because a customer makes a payment in excess of the balance owing under a credit card or other revolving credit facility and the surplus is not immediately returned to the customer, and
(ii)
From [...] or before that date, the Financial Institution shall implement rules and procedures to prevent a customer from making an excess payment of more than USD 50 000 or to ensure that any overpayment This amount is refunded to the customer within 60 days, by systematically applying the rules set out in Section VII, point C, concerning currency conversion. To this end, a surplus of payment by a customer excludes the credit balances attributable to disputed charges, but includes the credit balances resulting from returns of goods;
(g)
Any other account that has a low risk of being used for a purpose of tax fraud, which displays characteristics substantially similar to those described in points C 17 (a) to C 17 (f) and which is defined in domestic law in As long as the Excluded Account, provided that this status does not conflict with the objectives of the Common Reporting Standard.

D. Declarable Account

1.
"Declarable account" means an account that is held by one or more persons to be reported or by a passive ENF of whom one or more persons who hold the control are persons who are to be held The subject-matter of a declaration, provided that they are identified as such in accordance with the due diligence procedures set out in Sections II to VII.
2.
The term "person to be reported" means a person who is subject to a declaration other than: (i) any corporation whose securities are traded on a regular basis in one or more exchanges Regulated; (ii) any corporation that is a corporation related to a corporation described in item (i); (iii) a Public Entity; (iv) an International Organization; (v) a Central Bank; or (vi) a financial institution.
3.
The expression "Person of a prescribed court" means a natural person or an entity established in a Jurisdiction under the tax law of the said jurisdiction, or the estate of a deceased person who was a resident A Jurisdiction subject to report. For this purpose, an Entity such as a partnership, a limited liability company or a similar legal structure that does not have a residence for tax purposes shall be deemed to be resident in the jurisdiction where its registered office is located. Effective direction.
4.
The term "subject to declaration" means a court: (i) with which an agreement is concluded which provides that that court will communicate the information indicated in section I; and (ii) which appears in a published list.
5.
The term "partner court" means a court: (i) with which an agreement is concluded which imposes on it the obligation to make available the information indicated in Section I; and (ii) which appears in a published list.
6.
The term "persons holding control" refers to natural persons who exercise control over an Entity. In the case of a trust, this term refers to the grantor (s), trustees, person (s) responsible for supervising the trustee, if any, the beneficiary (s) or class (s) of beneficiaries, and any other person In the case of a legal construction which is not a trust, the term refers to persons whose situation is equivalent or similar. The term "Persons with control" should be interpreted in accordance with the FATF recommendations.
7.
The term "ENF" means an entity that is not a financial institution.
8.
"Passive ENF" means: (i) an ENF that is not an active ENF; or (ii) an investment entity described in point A (6) (b) that is not a financial institution of a partner Jurisdiction.
9.
The term "active ENF" means any ENF that meets one of the following criteria:
(a)
Less than 50 % of the NFA gross revenues in respect of the previous calendar year or other relevant accounting reference period are passive income and less than 50 % of the assets held by the NFA in the previous calendar year or Other relevant accounting reference period are assets that produce or are held to generate passive income;
(b)
The actions of the ENF are the subject of regular transactions in a regulated stock market or the ENF is an Entity linked to an Entity whose shares are regularly traded on a regulated stock market;
(c)
The ENF is a Public Entity, an International Organization, a Central Bank, or an Entity 100 % owned by one or more of the aforementioned structures;
(d)
The activities of the ENF are essentially to hold (in whole or in part) the shares issued by one or more subsidiaries whose activities are not those of a financial institution, or to propose financing or services to them Subsidiaries. An Entity may not qualify for this status if it operates (or presents itself) as an investment fund, such as a private equity fund, a venture capital fund, a debt buyback fund or any other body Investment in the acquisition or financing of corporations and the holding of investments for investment purposes;
(e)
The ENF does not yet have an activity and has never exercised it before, but invests capital in assets with a view to carrying out an activity other than that of a financial institution, it being understood that this exception cannot be applied to The ENF after expiry of a period of 24 months after the date of its initial constitution;
(f)
The ENF was not a financial institution during the preceding five years and is in the process of liquidation of its assets or is being restructured in order to continue or resume transactions or activities that are not Financial Institution;
(g)
ENF is primarily dedicated to the financing of related entities that are not financial institutions and hedging transactions with or on behalf of financial institutions and does not provide financing or hedging services to Entities that are not related entities, provided that the group to which these linked entities belong is devoted primarily to an activity that is not that of a financial institution, or
(h)
ENF meets all of the following conditions:
(i)
It is established and operated in its jurisdiction exclusively for religious, charitable, scientific, artistic, cultural, sporting or educational purposes; or is established and operated in its jurisdiction of residence and is A professional federation, an employer organisation, a chamber of commerce, a trade union, agricultural or horticultural organisation, a civic organisation or an organisation whose exclusive object is to promote social welfare,
(ii)
It is exempt from tax on companies in its jurisdiction of residence,
(iii)
It has no shareholders or members with any right of ownership or enjoyment of its income or assets,
(iv)
The law applicable in the jurisdiction of residence of the ENF or the relevant documents of the ENF exclude that the income or assets of the ENF are distributed to natural persons or to profit-making bodies or used in their Profits, unless such use is in relation to the charitable activities of the ENF or as a reasonable remuneration for services provided or as a payment, at fair market value, for property acquired by The entity, and
(v)
The law applicable in the court of residence of the ENF or its governing documents require that, upon liquidation or the dissolution of the ENF, all its assets be distributed to a Public Entity or another organisation Non-profit or devolved to the government of the court of residence of the ENF or one of its political subdivisions.

E. Miscellaneous

1.
"Account holder" means the person registered or identified as the holder of a Financial Account by the Financial Institution which manages the account. A person, other than a financial institution, holding a Financial Account for the account or benefit of another person as an agent, depositary, nominee, signatory, investment adviser or intermediary, is not considered As holding the account for the purposes of the Common Reporting Standard, and that other person is considered to hold the account. In the case of an insurance contract with a commuted value or an annuity contract, the account holder is any person authorized to take advantage of the commuted value or to change the name of the beneficiary of the contract. If no one can take advantage of the commuted value or change the name of the beneficiary, the account holder is the person designated as the beneficiary in the contract and the person who enjoys an absolute right to payments under the contract. At the end of an Insurance Contract with a Buyback Value or an Annuity Contract, each person who is entitled to receive a sum of money under the Contract shall be deemed to be a Account Holder.
2.
The term "Customer Identification and Anti-Money Laundering Procedures (AML/KYC)" means the due diligence procedures in respect of its customers that the Reporting Financial Institution is required to observe under Anti-money laundering provisions or similar rules to which this reporting financial institution is subject.
3.
The term "Entity" means a legal person or a legal construction, such as a capital company, a partnership, a trust or a foundation.
4.
An Entity is a "Related Entity" to another Entity if one of the Entities controls the other or if both Entities are placed under joint control. As such, control includes the direct or indirect holding of more than 50 % of the voting rights or the value of an Entity.
5.
The term "NIF" refers to a Tax Identification Number (or its functional equivalent in the absence of a Tax Identification Number).
6.
The term "Exhibit" refers to one of the following:
(a)
A certificate of residence issued by a public body authorised to do so (for example, a State, an agency of the latter or a municipality) of the court of which the beneficiary claims to be a resident;
(b)
In the case of a natural person, any valid piece of identification issued by a public body authorised to do so (for example, a State, an agency of the latter or a municipality), on which the name of the person and who is Generally used for identification purposes;
(c)
In the case of an Entity, any official document issued by a public body authorised to do so (for example, a State, an agency thereof or a municipality), on which the name of the Entity and the address of its principal place of business are listed In the court of which it claims to be a resident or within the jurisdiction in which the Entity has been incorporated or whose law governs it;
(d)
Any audited financial statement, credit report prepared by a third party, balance sheet or report prepared by the securities regulator.

Section IX Effective implementation

A. A court must have in place the administrative rules and procedures required to ensure the effective implementation and compliance with the reporting and due diligence procedures described above, in particular:

1.
Rules to prevent financial institutions, persons or intermediaries from adopting practices designed to circumvent reporting and due diligence procedures;
2.
Rules requiring the reporting financial institutions to keep records of the actions and evidence used to ensure the enforcement of these procedures, and appropriate measures to obtain those records;
3.
Administrative procedures to verify that the reporting financial institutions are applying the procedures for reporting and due diligence; administrative procedures to follow up with a Reporting financial institution when undocumented accounts are reported;
4.
Administrative procedures to ensure that the entities and accounts defined in the national legislation as non-reporting financial institutions and excluded accounts continue to present a low risk of being used For tax fraud purposes, and
5.
Appropriate enforcement measures to remedy cases of non-compliance.

State 1 Er January 2017

Scope of application 1 Er January 2017

Switzerland is bound by the provisions of the Multilateral Agreement between Competent Authorities concerning the automatic exchange of financial account information with respect to the following States and Territories under Section 7, para. 2.1 of this agreement:

Effective From

Australia 3

1 Er January 2017

Canada 4

1 Er January 2017

Korea 5

1 Er January 2017

Guernsey 6

1 Er January 2017

Isle of Man 7

1 Er January 2017

Iceland 8

1 Er January 2017

Japan 9

1 Er January 2017

Jersey 10

1 Er January 2017

Norway 11

1 Er January 2017


RO 2016 4721 ; FF 2015 4975


1 RO 2016 4717
2 RS 0.652.1
3 FY May 31, 2016 ( RO 2016 4795 )
4 AF 12 Dec. 2016 ( RO 2016 5307 )
5 AF 12 Dec. 2016 ( RO 2016 5309 )
6 AF 12 Dec. 2016 ( RO 2016 5311 )
7 AF 12 Dec. 2016 ( RO 2016 5313 )
8 AF 12 Dec. 2016 ( RO 2016 5315 )
9 AF 12 Dec. 2016 ( RO 2016 5317 )
10 AF 12 Dec. 2016 ( RO 2016 5319 )
11 AF 12 Dec. 2016 ( RO 2016 5321 )


State 1 Er January 2017