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II Preexisting Individual Accounts.

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II Preexisting Individual Accounts.

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

  • A.. Unless the Reporting Netherlands Financial Institution elects otherwise, either with respect to all Preexisting Individual Accounts or, separately, with respect to any clearly identified group of such accounts, where the implementing rules in the Netherlands provide for such an election, the following Preexisting Individual Accounts are not required to be reviewed, identified, or reported as U.S. Reportable Accounts:
  • 1.Subject to subparagraph E(2) of this section, a Preexisting Individual Account with a balance or value that does not exceed $50,000 as of June 30, 2014.
  • 2.Subject to subparagraph E(2) of this section, a Preexisting Individual Account that is a Cash Value Insurance Contract or an Annuity Contract with a balance or value of $250,000 or less as of June 30, 2014.
  • 3.A Preexisting Individual Account that is a Cash Value Insurance Contract or an Annuity Contract, provided the law or regulations of the Netherlands or the United States effectively prevent the sale of such a Cash Value Insurance Contract or an Annuity Contract to U.S. residents (e.g. , if the relevant Financial Institution does not have the required registration under U.S. law, and the law of the Netherlands requires reporting or withholding with respect to insurance products held by residents of the Netherlands.
  • 4.A Depository Account with a balance of $50,000 or less.
  • B..
  • 1.. The Reporting Netherlands Financial Institution must review electronically searchable data maintained by the Reporting Netherlands Financial Institution for any of the following U.S. indicia:
  • a)Identification of the Account Holder as a U.S. citizen or resident;
  • b)Unambiguous indication of a U.S. place of birth;
  • c)Current U.S. mailing or residence address (including a U.S. post office box);
  • d)Current U.S. telephone number;
  • e)Standing instructions to transfer funds to an account maintained in the United States;
  • f)Currently effective power of attorney or signatory authority granted to a person with a U.S. address; or
  • g)An “in-care-of” or “hold mail” address that is the sole address the Reporting Netherlands Financial Institution has on file for the Account Holder. In the case of a Preexisting Individual Account that is a Lower Value Account, an “in-care-of” address outside the United States or “hold mail” address shall not be treated as U.S. indicia.
  • 2.If none of the U.S. indicia listed in subparagraph B(1) of this section are discovered in the electronic search, then no further action is required until there is a change in circumstances that results in one or more U.S. indicia being associated with the account, or the account becomes a High Value Account described in paragraph D of this section.
  • 3.If any of the U.S. indicia listed in subparagraph B(1) of this section are discovered in the electronic search, or if there is a change in circumstances that results in one or more U.S. indicia being associated with the account, then the Reporting Netherlands Financial Institution must treat the account as a U.S. Reportable Account unless it elects to apply subparagraph B(4) of this section and one of the exceptions in such subparagraph applies with respect to that account.
  • 4.Notwithstanding a finding of U.S. indicia under subparagraph B(1) of this section, a Reporting Netherlands Financial Institution is not required to treat an account as a U.S. Reportable Account if:
  • a)Where the Account Holder information unambiguously indicates a U.S. place of birth , the Reporting Netherlands Financial Institution obtains, or has previously reviewed and maintains a record of:
  • 1.A self-certification that the Account Holder is neither a U.S. citizen nor a U.S. resident for tax purposes (which may be on an IRS Form W-8 or other similar agreed form);
  • 2.A non-U.S. passport or other government-issued identification evidencing the Account Holder’s citizenship or nationality in a country other than the United States; and
  • 3.A copy of the Account Holder’s Certificate of Loss of Nationality of the United States or a reasonable explanation of:
  • a)The reason the Account Holder does not have such a certificate despite relinquishing U.S. citizenship; or
  • b)The reason the Account Holder did not obtain U.S. citizenship at birth.
  • b)Where the Account Holder information contains a current U.S. mailing or residence address, or one or more U.S. telephone numbers that are the only telephone numbers associated with the account , the Reporting Netherlands Financial Institution obtains or has previously reviewed and maintains a record of:
  • 1.A self-certification that the Account Holder is neither a U.S. citizen nor a U.S. resident for tax purposes (which may be on an IRS Form W-8 or other similar agreed form); and
  • 2.Documentary evidence, as defined in paragraph D of section VI of this Annex I, establishing the Account Holder’s non-U.S. status.
  • c)Where the Account Holder information contains standing instructions to transfer funds to an account maintained in the United States , the Reporting Netherlands Financial Institution obtains, or has previously reviewed and maintains a record of:
  • 1.A self-certification that the Account Holder is neither a U.S. citizen nor a U.S. resident for tax purposes (which may be on an IRS Form W-8 or other similar agreed form); and
  • 2.Documentary evidence, as defined in paragraph D of section VI of this Annex I, establishing the Account Holder’s non-U.S. status.
  • d)Where the Account Holder information contains a currently effective power of attorney or signatory authority granted to a person with a U.S. address, has an “in-care-of” address or “hold mail” address that is the sole address identified for the Account Holder, or has one or more U.S. telephone numbers (if a non-U.S. telephone number is also associated with the account) , the Reporting Netherlands Financial Institution obtains, or has previously reviewed and maintains a record of:
  • 1.A self-certification that the Account Holder is neither a U.S. citizen nor a U.S. resident for tax purposes (which may be on an IRS Form W-8 or other similar agreed form); or
  • 2.Documentary evidence, as defined in paragraph D of section VI of this Annex I, establishing the Account Holder’s non-U.S. status.
  • C..
  • 1.Review of Preexisting Individual Accounts that are Lower Value Accounts for U.S. indicia must be completed by June 30, 2016.
  • 2.If there is a change of circumstances with respect to a Preexisting Individual Account that is a Lower Value Account that results in one or more U.S. indicia described in subparagraph B(1) of this section being associated with the account, then the Reporting Netherlands Financial Institution must treat the account as a U.S. Reportable Account unless subparagraph B(4) of this section applies.
  • 3.Except for Depository Accounts described in subparagraph A(4) of this section, any Preexisting Individual Account that has been identified as a U.S. Reportable Account under this section shall be treated as a U.S. Reportable Account in all subsequent years, unless the Account Holder ceases to be a Specified U.S. Person.
  • D..
  • 1.. The Reporting Netherlands Financial Institution must review electronically searchable data maintained by the Reporting Netherlands Financial Institution for any of the U.S. indicia described in subparagraph B(1) of this section.
  • 2.. If the Reporting Netherlands Financial Institution’s electronically searchable databases include fields for, and capture all of the information described in, subparagraph D(3) of this section, then no further paper record search is required. If the electronic databases do not capture all of this information, then with respect to a High Value Account, the Reporting Netherlands Financial Institution must also review the current customer master file and, to the extent not contained in the current customer master file, the following documents associated with the account and obtained by the Reporting Netherlands Financial Institution within the last five years for any of the U.S. indicia described in subparagraph B(1) of this section:
  • a)The most recent documentary evidence collected with respect to the account;
  • b)The most recent account opening contract or documentation;
  • c)The most recent documentation obtained by the Reporting Netherlands Financial Institution pursuant to AML/KYC Procedures or for other regulatory purposes;
  • d)Any power of attorney or signature authority forms currently in effect; and
  • e)Any standing instructions to transfer funds currently in effect.
  • 3.. A Reporting Netherlands Financial Institution is not required to perform the paper record search described in subparagraph D(2) of this section if the Reporting Netherlands Financial Institution’s electronically searchable information includes the following:
  • a)The Account Holder’s nationality or residence status;
  • b)The Account Holder’s residence address and mailing address currently on file with the Reporting Netherlands Financial Institution;
  • c)The Account Holder’s telephone number(s) currently on file, if any, with the Reporting Netherlands Financial Institution;
  • d)Whether there are standing instructions to transfer funds in the account to another account (including an account at another branch of the Reporting Netherlands Financial Institution or another Financial Institution);
  • e)Whether there is a current “in-care-of” address or “hold mail” address for the Account Holder; and
  • f)Whether there is any power of attorney or signatory authority for the account.
  • 4.. In addition to the electronic and paper record searches described above, the Reporting Netherlands Financial Institution must treat as a U.S. Reportable Account any High Value Account assigned to a relationship manager (including any Financial Accounts aggregated with such High Value Account) if the relationship manager has actual knowledge that the Account Holder is a Specified U.S. Person.
  • 5..
  • a)If none of the U.S. indicia listed in subparagraph B(1) of this section are discovered in the enhanced review of High Value Accounts described above, and the account is not identified as held by a Specified U.S. Person in subparagraph D(4) of this section, then no further action is required until there is a change in circumstances that results in one or more U.S. indicia being associated with the account.
  • b)If any of the U.S. indicia listed in subparagraph B(1) of this section are discovered in the enhanced review of High Value Accounts described above, or if there is a subsequent change in circumstances that results in one or more U.S. indicia being associated with the account, then the Reporting Netherlands Financial Institution must treat the account as a U.S. Reportable Account unless it elects to apply subparagraph B(4) of this section and one of the exceptions in such subparagraph applies with respect to that account.
  • c)Except for Depository Accounts described in subparagraph A(4) of this section, any Preexisting Individual Account that has been identified as a U.S. Reportable Account under this section shall be treated as a U.S. Reportable Account in all subsequent years, unless the Account Holder ceases to be a Specified U.S. Person.
  • E..
  • 1.If a Preexisting Individual Account is a High Value Account as of June 30, 2014, the Reporting Netherlands Financial Institution must complete the enhanced review procedures described in paragraph D of this section with respect to such account by June 30, 2015. If based on this review such account is identified as a U.S. Reportable Account on or before December 31, 2014, the Reporting Netherlands Financial Institution must report the required information about such account with respect to 2014 in the first report on the account and on an annual basis thereafter. In the case of an account identified as a U.S. Reportable Account after December 31, 2014, and on or before June 30, 2015, the Reporting Netherlands Financial Institution is not required to report information about such account with respect to 2014, but must report information about the account on an annual basis thereafter.
  • 2.If a Preexisting Individual Account is not a High Value Account as of June 30, 2014, but becomes a High Value Account as of the last day of 2015 or any subsequent calendar year, the Reporting Netherlands Financial Institution must complete the enhanced review procedures described in paragraph D of this section with respect to such account within six months after the last day of the calendar year in which the account becomes a High Value Account. If based on this review such account is identified as a U.S. Reportable Account, the Reporting Netherlands Financial Institution must report the required information about such account with respect to the year in which it is identified as a U.S. Reportable Account and subsequent years on an annual basis, unless the Account Holder ceases to be a Specified U.S. Person.
  • 3.Once a Reporting Netherlands Financial Institution applies the enhanced review procedures described in paragraph D of this section to a High Value Account, the Reporting Netherlands Financial Institution is not required to re-apply such procedures, other than the relationship manager inquiry described in subparagraph D(4) of this section, to the same High Value Account in any subsequent year.
  • 4.If there is a change of circumstances with respect to a High Value Account that results in one or more U.S. indicia described in subparagraph B(1) of this section being associated with the account, then the Reporting Netherlands Financial Institution must treat the account as a U.S. Reportable Account unless it elects to apply subparagraph B(4) of this section and one of the exceptions in such subparagraph applies with respect to that account.
  • 5.A Reporting Netherlands Financial Institution must implement procedures to ensure that a relationship manager identifies any change in circumstances of an account. For example, if a relationship manager is notified that the Account Holder has a new mailing address in the United States, the Reporting Netherlands Financial Institution is required to treat the new address as a change in circumstances and, if it elects to apply subparagraph B(4) of this section, is required to obtain the appropriate documentation from the Account Holder.
  • F.. A Reporting Netherlands Financial Institution that has previously obtained documentation from an Account Holder to establish the Account Holder’s status as neither a U.S. citizen nor a U.S. resident in order to meet its obligations under a qualified intermediary, withholding foreign partnership, or withholding foreign trust agreement with the IRS, or to fulfill its obligations under chapter 61 of Title 26 of the United States Code, is not required to perform the procedures described in subparagraph B(1) of this section with respect to Lower Value Accounts or subparagraphs D(1) through D(3) of this section with respect to High Value Accounts.

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