Projet (Accord en)

ANNEX I

DUE DILIGENCE OBLIGATIONS FOR IDENTIFYING AND REPORTING ON U.S. ACCOUNTS AND ON PAYMENTS TO CERTAIN NONPARTICIPATING FINANCIAL INSTITUTIONS

I. General

A. Reporting Swiss Financial Institutions must identify U.S. Accounts and accounts held by Nonparticipating Financial Institutions in accordance with the procedures in this Annex I.

B. For purposes of the Agreement,

1. All dollar amounts shall be read to include the equivalent in other currencies.

2. The balance or value of an account shall be determined as of the last day of the calendar year.

3. Subject to paragraph II.E (1), an account shall be treated as a U.S.

Account beginning as of the date it is identified as such pursuant to the due diligence procedures in this Annex I.

4. Unless otherwise provided, information with respect to a U.S. Account should be reported annually in the calendar year following the year to which the information relates.

C. As an alternative to the procedures described in each section of this Annex I, Reporting Swiss Financial Institutions may rely on the procedures described in relevant U.S. Treasury Regulations to establish whether an account is a U.S. Account or an account held by a Nonparticipating Financial Institution, except that if an account is treated as held by a recalcitrant account holder under procedures described in relevant U.S. Treasury Regulations, such account shall be treated as a U.S. Account for purposes of this Agreement. Once a Reporting Swiss Financial Institution has chosen to rely on the procedures in relevant U.S. Treasury Regulations, such

Reporting Swiss Financial Institution must continue to apply such procedures

consistently in all subsequent years, unless there has been a material modification to the relevant U.S. Treasury Regulations.

II. Preexisting Individual Accounts. The following rules and procedures apply for identifying U.S. Accounts among Preexisting Accounts held by individuals (“Preexisting Individual Accounts”).

A. Accounts Not Required to Be Reviewed, Identified, or Reported. Unless

the Reporting Swiss Financial Institution elects otherwise, the following accounts are not required to be reviewed, identified, or reported as U.S.

Accounts:

1. Subject to subparagraph E (2) of this section, Preexisting Individual Accounts with a balance or value that does not exceed $50,000 as of December