Projet (Accord en)

4. Determine Whether an Account Held by an NFFE Is a U.S.

Account. With respect to an Account Holder of a Preexisting Entity Account that is not identified as either a U.S. Person or a Financial Institution, the Reporting Swiss Financial Institution must identify (i) whether the entity has Controlling Persons, (ii) whether the entity is a Passive NFFE, and (iii)

whether any of the Controlling Persons of the entity is a citizen or resident of the United States. In making these determinations the Reporting Swiss Financial Institution should follow the guidance in sub-paragraphs (a) through (d) of this paragraph in the order most appropriate under the circumstances.

a) For purposes of determining the Controlling Persons of an entity, a Reporting Swiss Financial Institution may rely on information collected and maintained pursuant to AML/KYC Procedures.

b) For purposes of determining whether the entity is a Passive NFFE, the Reporting Swiss Financial Institution must obtain a selfcertification (which may be on an IRS Form W-8 or W-9, or on a similar agreed form) from the Account Holder to establish its status, unless it has information in its possession or that is publicly available, based on which it can reasonably determine that the entity is an Active NFFE.

c) For purposes of determining whether a Controlling Person of a Passive NFFE is a citizen or resident of the United States for tax purposes, a Reporting Swiss Financial Institution may rely on:

(1) Information collected and maintained pursuant to AML/KYC Procedures in the case of a Preexisting Entity Account held by one or more NFFEs with an account balance that does not exceed $1,000,000; or

(2) A self-certification (which may be on an IRS Form W-8 or W-9, or on a similar agreed form) from the Account Holder or such Controlling Person in the case of a Preexisting Entity Account held by one or more NFFEs with an account balance that exceeds $1,000,000.

d) If any Controlling Person of a Passive NFFE is a citizen or resident of the United States, the account shall be treated as a U.S.

Account.

E. Timing of Review and Additional Procedures Applicable to Preexisting Entity Accounts

1. Review of Preexisting Entity Accounts with an account balance or value that exceeds $250,000 as of December 31, 2013, must be completed by December 31, 2015.