Projet (Accord en)

ANNEX II

NON-REPORTING SWISS FINANCIAL INSTITUTIONS AND EXEMPT PRODUCTS

General

This Annex II may be updated by a mutual agreement entered into between the Competent Authorities of Switzerland and the United States: (1) to include additional entities, accounts, and products that present a low risk of being used by U.S. Persons to evade U.S. tax and that have similar characteristics to the entities, accounts, and products identified in this Annex II as of the date of entry into force of the Agreement; or (2) to remove entities, accounts, and products that, due to changes in circumstances, no longer present a low risk of being used by U.S. Persons to evade U.S. tax.

I. Exempt Beneficial Owners. The following categories of institutions are Non-Reporting Swiss Financial Institutions that are treated as exempt beneficial owners for purposes of section 1471 of the U.S. Internal Revenue Code.

A. Swiss Governmental Entities

The Swiss Federal Government, cantons, and communes and wholly owned

instrumentalities and agencies of any of the foregoing, including in particular any institution, body, or fund of the social security system on the federal, cantonal, or communal levels.

B. Central Bank

The Swiss National Bank and any of its wholly owned subsidiaries.

C. International Organizations

1. Any partner organization of the Swiss Confederation to an international

headquarters agreement;

2. Any diplomatic mission, permanent mission or other representation to

intergovernmental organizations, consular post or special mission which status, privileges and immunities are governed by the Vienna Convention on diplomatic relations of 1961, the Vienna Convention on consular relations of 1963 or the Convention on special missions of 1969.

D. Retirement Funds

1. Any pension institution or other retirement arrangement established in

Switzerland according to Articles 48 – 49 Federal Law on the Occupational Oldage, Survivors’ and Disability Benefit Plan/BVG, Article 89^bis paragraph 6 Swiss Civil Code/ZGB or Article 331 paragraph 1 Swiss Code of Obligations/OR;