Avamprogetto (Accordo en)
Consultazione 2013/9: Accordo di cooperazione tra gli Stati Uniti d'America e la Svizzera per l'applicazione agevolata della normativa FATCA e avamprogetto di legge federale sull'attuazione di tale Accordo · 33 pagine
Fedlex · Progetto · Pagina 31Fedlex · Progetto
Financial Institution does not provide accounts to (i) any Specified U.S. Person who is not a resident of Switzerland (including a U.S. Person that was a resident of Switzerland when the account was opened but subsequently ceases to be a resident of Switzerland), (ii) a Nonparticipating Financial Institution, or (iii) any Passive NFFE with Controlling Persons who are U.S. citizens or residents;
g) On or before January 1, 2014, the Financial Institution must implement policies and procedures to monitor whether it provides any account held by a person described in subparagraph (f), and if such an account is discovered, the Financial Institution must report such account as though the Financial Institution were a Reporting Swiss Financial Institution or close such account;
h) With respect to each account that is held by an individual who is not a resident of Switzerland or by an entity, and that is opened prior to the date that the Swiss Financial Institution implements the policies and procedures described in subparagraph (g), the Financial Institution must review those accounts in accordance with the procedures described in Annex I to this Agreement applicable to Preexisting Accounts to identify any U.S. Account or account held by a Nonparticipating Financial Institution, and must close any such accounts that were identified, or report on such accounts as though the Financial Institution were a Reporting Swiss Financial Institution;
i) Each Related Entity of the Financial Institution must be incorporated or organized in Switzerland and must meet the requirements set forth in this paragraph; and
j) The Financial Institution must not have policies or practices that discriminate against opening or maintaining accounts for individuals who are Specified U.S. Persons and who are residents of Switzerland.
2. Swiss Investment Advisers
In accordance with applicable U.S. Treasury Regulations, an entity the sole activity of which is to render investment advice to and act on behalf of a
customer (other than a collective investment vehicle, unless such collective investment vehicle is treated as a qualified collective investment vehicle under relevant U.S. Treasury Regulations and no interests in the qualified collective investment vehicle are held through such entity) based on a power of attorney or a similar instrument (e.g. an investment authority) issued by the holder of a Financial Account or based on investment powers in a directorship capacity for the purposes of investing, managing or administering funds deposited in the name of the person or entity granting the power (or issuing the similar
instrument) with a Financial Institution other than a Nonparticipating Financial Institution.
B. Certified Deemed-Compliant Financial Institutions. The following categories of
institutions are Non-Reporting Swiss Financial Institutions that are treated as
certified deemed-compliant FFIs for purposes of section 1471 of the U.S. Internal Revenue Code: