Vorlage (Abkommen en)

(15) The term “Reporting Swiss Financial Institution” means any Swiss

Financial Institution that is not a Non-Reporting Swiss Financial Institution.

(16) The term “Non-Reporting Swiss Financial Institution” means any Swiss

Financial Institution, or other entity resident in Switzerland, that is identified in Annex II as a Non-Reporting Swiss Financial Institution or that otherwise qualifies as a deemed-compliant FFI, an exempt beneficial owner, or an excepted FFI under relevant U.S. Treasury Regulations.

(17) The term “Nonparticipating Financial Institution” means a nonparticipating

FFI, as that term is defined in relevant U.S. Treasury Regulations, but does not include a Swiss Financial Institution or other Partner Jurisdiction Financial Institution other than a Financial Institution identified as a Nonparticipating Financial Institution pursuant to paragraph 2 of Article 11.

(18) The term “Preexisting Account” means a Financial Account maintained by a

Reporting Swiss Financial Institution as of December 31, 2013.

(19) The term “New Account” means a Financial Account opened by a Reporting

Swiss Financial Institution on or after January 1, 2014.

(20) The term “U.S. Account” means a Financial Account maintained by a

Reporting Swiss Financial Institution and held by one or more Specified U.S. Persons or by a Non-U.S. Entity with one or more Controlling Persons that is a Specified U.S. Person. Notwithstanding the foregoing, an account shall not be treated as a U.S. Account if such account is not identified as a U.S. Account after application of the due diligence procedures in Annex I.

(21) The term “Non-Consenting U.S. Account” means a Preexisting Account with

respect to which (i) a Reporting Swiss Financial Institution has determined that it is a U.S. Account in accordance with the due diligence procedures in Annex I, (ii) the laws of Switzerland prohibit the reporting required under an FFI Agreement absent consent of the Account Holder, (iii) the Reporting Swiss Financial Institution has sought, but was unable to obtain, the required consent to report or the Account Holder’s U.S. TIN; and (iv) the Reporting Swiss Financial Institution has reported, or was required to report, aggregate account information to the IRS as prescribed under sections 1471 to 1474 of the U.S. Internal Revenue Code and the relevant U.S. Treasury Regulations.

(22) The term “Financial Account” has the meaning set forth in relevant U.S.

Treasury Regulations but does not include any account, product or

arrangement identified as excluded from the definition of Financial Account in Annex II.

(23) The term “FFI Agreement” means an agreement that sets forth the

requirements, consistent with this Agreement, for the Reporting Swiss

Financial Institution to be treated as complying with the requirements of section 1471(b) of the U.S. Internal Revenue Code.

(24) The term “Account Holder” means the person listed or identified as the holder

of a Financial Account by the Financial Institution that maintains the account. A person, other than a Financial Institution, holding a Financial Account for the benefit or account of another person as agent, custodian, nominee,