FATCA
Welcome Pack
Dear Sir or Madam,
The U.S. Foreign Account Tax Compliance Act (“FATCA”) requires all Participating Foreign Financial
Institutions (PFFI) to identify the “FATCA” status of their new customers from the 1st July 2014.
BNP Paribas, as a Participating Foreign Financial institution, will be FATCA compliant in all countries
where local law makes it compulsory or will allow it
You can find at the following link additional information about BNP Paribas’s FATCA compliance as well
as the registration status and Global Intermediary Identification Numbers (GIINs) of BNP Paribas’ entities:
Please note that BNP Paribas, Hungary Branch is registered with the US Tax Authority (Internal Revenue
Service or IRS) as a Registered Deemed Compliant FFI under model1 IGA and its GIIN is
1G159I.00000.BR.348
As a result, we kindly ask you to provide us:

Your FATCA status, both on behalf of your firm and for any entity on whose behalf you transact, by
completing the relevant W8 or W9 US Tax forms – you will find more information in the “FATCA
Self-Certification forms” section of this document.

Depending on your FATCA classification, a waiver of confidentiality, by completing and signing
the relevant attached form in the “Confidentiality Waivers” section of this document, both on behalf
of your firm and for any entity on whose behalf you transact.

In case the FATCA status of your entity or of any entity on whose behalf you transact is “Passive
NFFE” with substantial US owners, please complete the table in the “Table for Passive NFFE with
Substantial US Owners” section of this document.
Please be sure to complete all forms accurately and return to BNP Paribas as soon as practicable to avoid
being classified as undocumented or recalcitrant Non-Financial Foreign Entity or a non-participating
Foreign Financial Institution.
Please email all completed form(s) to hungary_csd@bnpparibas.com
Yours Sincerely,
BNP Paribas Corporate & Institutional Banking
FATCA Self Certification forms
Section I - FATCA Self Certification forms
A.
Introduction
The U.S. Foreign Account Tax Compliance Act (“FATCA”, also referred to as “Chapter 4”) requires
Participating Foreign Financial Institutions (PFFIs) to identify the “FATCA” status of their new customers.
When the classification can not be done by the PFFIs, FATCA requires the customers to provide a “selfcertification” by using the relevant US tax form.
The US Tax Authority (Internal Revenue Service or IRS) has updated its tax forms to include the FATCA
(or chapter 4) classification.
Failure to document the applicable FATCA (or chapter 4) status when required may lead BNP Paribas to
consider a customer as undocumented or recalcitrant entity or as nonparticipating financial institution and to
subject the customer to 30% withholding tax on withholdable payments.
B.
Classification of US Persons
For purposes of FATCA classification, customers considered by the IRS as US Persons (All U.S. citizens
and permanent legal residents or “green card” holders) are required to complete IRS Form W-9 - Request
for Taxpayer Identification Number and Certification. Entities formed in the U.S. are also treated as
U.S. persons and must provide a valid tax identification number (TIN). For individuals, the TIN is the
individual’s social security number. For entities, the TIN is the employer identification number (EIN). BNP
Paribas policy requires that all U.S. persons, including entities, must provide their TIN by completing IRS
Form W-9.
Link to the form: http://www.irs.gov/pub/irs-pdf/fw9.pdf
Link to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw9.pdf
C.
Classification of non-US Persons and Entities
For purposes of FATCA classification, all non-U.S. persons and entities are required to complete IRS Form
W-8BEN, W-8BEN-E, W-8IMY, W-8ECI or W-8EXP as self-certification form depending on their
situation.
C.1.
US Tax W8 forms
Reference the below link for specific information and instructions on which IRS form(s) may apply:
http://www.irs.gov/instructions/index.html
Form W-8BEN - Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding
and Reporting (individuals), must be provided by a nonresident alien who is the beneficial owner of an
amount subject to withholding, or if you are an account holder of an FFI documenting yourself as a
nonresident alien. If you are the single owner of a disregarded entity, you are considered the beneficial
owner of income received by the disregarded entity.
Link to the form: http://www.irs.gov/pub/irs-pdf/fw8ben.pdf
Link to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8ben.pdf
Form W-8BEN-E - Certificate of Entities Status of Beneficial Owner for United States Tax
Withholding and Reporting (Entities), must be provided by a foreign non-individual who is the beneficial
owner of an account receiving amounts subject to withholding.
Link to the form: http://www.irs.gov/pub/irs-pdf/fw8bene.pdf
Link to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8bene.pdf
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FATCA Self Certification forms
Classification of non-US Persons and Entities
Form W-8IMY – Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S.
Branches for United States Tax Withholding, must be provided by a:

Foreign person, or a branch of a U.S. person, to establish that it is a qualified intermediary that is
not acting for its own account, to represent that it has provided or will provide a withholding
statement, as required, and, if applicable, to represent that it has assumed primary Chapter 3
withholding responsibility and/or primary Form 1099 reporting and backup withholding
responsibility

Foreign person to establish that it is a nonqualified intermediary that is not acting for its own
account, and, if applicable, that it is using the form to transmit withholding certificates and/or other
documentary evidence and has provided, or will provide, a withholding statement, as required.

Foreign partnership or foreign simple trust or grantor trust to establish that it is a withholding
foreign partnership or withholding trust and that it will provide a withholding statement, as required.

Foreign partnership or foreign simple trust or grantor trust to establish that it is a non-withholding
foreign partnership or non-withholding foreign simple or grantor trust and to represent that the
income is not effectively connected with a U.S. trade or business, that the form is being used to
transmit withholding certificates and/or documentary evidence, and that it has provided, or will
provide, a withholding statement, as required.

Foreign partnership or foreign grantor trust to establish that it is an upper-tier foreign partnership
or foreign grantor trust for purposes of section 1446, and to represent that the form is being used to
transmit withholding certificates and/or documentary evidence and that it has provided, or will
provide, a withholding statement, as required.

A U.S. branch of certain foreign banks or foreign insurance companies to represent that the
income it receives is not effectively connected with the conduct of a U.S. trade or business.
Link to the form: http://www.irs.gov/pub/irs-pdf/fw8imy.pdf
Link to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8imy.pdf
Form W-8ECI - Certificate of Foreign Persons Claim That Income Is Effectively Connected With the
Conduct of a Trade or Business in the United States, must be provided by a foreign person and you are
the beneficial owner of U.S. source income that is (or is deemed to be) effectively connected with the
conduct of a trade or business within the United States.
Link to the form: http://www.irs.gov/pub/irs-pdf/fw8eci.pdf
Link to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8eci.pdf
Form W-8EXP – Certificate of Foreign Government or Other Foreign Organization for United States
Tax Withholding, must be provided by a foreign government, international organization, foreign central
bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S.
possession. Submit Form W-8EXP whether or not you are claiming a reduced rate of, or exemption from,
U.S. tax withholding.
Link to the form: http://www.irs.gov/pub/irs-pdf/fw8exp.pdf
Link to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8exp.pdf
Please be sure to complete the relevant forms accurately and return to BNP Paribas as soon as
practicable to avoid withholding tax erroneously applied to your account.
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FATCA Self Certification forms
Frequently Asked Questions (FAQ)
D.
Frequently Asked Questions (FAQ)
D.1.
Detailed Tax Form Instructions
Reference the link below for detailed IRS instructions for each tax form:
http://www.irs.gov/instructions/index.html
D.2.
FATCA FAQ
Reference the link below for FATCA FAQ on the IRS website:
http://www.irs.gov/Businesses/Corporations/Frequently-Asked-Questions-FAQs-FATCA--ComplianceLegal#IGA
D.3.
Classification of US Persons
D.3.a. Form W-9 - Request for Taxpayer Identification Number and Certification
1.
How does this Form W-9 differ from the previous version of the Form W-9?
The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to
report all U.S. account holders that are specified U.S. persons. Form W-9 and the Instructions for the
Requester of Form W-9 have been revised to expand the Exemptions box on the front of the form to include
entry for the Exempt payee code (if any) and Exemption from FATCA Reporting Code (if any). The
references for the appropriate codes are in the Exemptions section of Form W-9, and in the Payees Exempt
from Backup Withholding and Payees and Account Holders Exempt From FATCA Reporting sections of
these instructions. The Certification section in Part II of Form W-9 has been expanded to include
certification of an exemption from FATCA reporting.
Reference the link below for any FATCA specific FAQ:
http://www.irs.gov/Businesses/Corporations/Frequently-Asked-Questions-FAQs-FATCA--ComplianceLegal#IGA
2.
Who should complete the Form W-9?
The Form W-9 should be completed by the individual or entity that is the beneficial owner maintaining the
account at BNP providing the same information provided in the account opening documents. Only one
beneficial owner can appear on the Form.
3.
Can one or more federal tax classification boxes be selected?
Only one beneficial owner type can be checked according to the classification of the entity.
4.
Does the address need to be located in the United States?
The address provided can be either U.S. or foreign.
5.
Must the exemption box be completed?
Depending on the location of the account, this box along with the appropriate FATCA code may be
required.
6.
Is a taxpayer identification number required?
A valid 9 digit U.S. social security number (individuals) or employer identification number (entities) must
be provided.
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FATCA Self Certification forms
Frequently Asked Questions (FAQ)
7.
Is a signature required?
The Form W-9 must be signed by an individual authorized to sign on behalf of the beneficial owner and
must attest to this capacity by checking a box. This signature must be an original hand signed signature
D.3.b. Form W-8BEN - Certificate of Foreign Status of Beneficial Owner for United States Tax
Withholding and Reporting (Individuals)
1.
Who should provide a W-8BEN?
The Form W-8BEN should be provided by a foreign individual that is the beneficial owner maintaining an
account at BNP providing the same information provided in the account opening documents. Only one
beneficial owner can appear on the Form.
2.
What is a permanent address?
The permanent resident address is the address in the country where the individual is a resident for income
tax purposes.
3.
Should the country of citizenship match the country of permanent residence?
Yes, the country of citizenship must match the country of permanent residence.
4.
How does the mailing address differ from the permanent address?
Mailing address should only be filled out if different than the permanent address. If the mailing address
includes a P.O. Box, in care of address, financial institutions or a US address, additional documentation may
be required to validate the Form such as a valid explanation explaining such address.
5.
Is a Foreign Tax ID number or Date of Birth required?
If the foreign individual’s country of tax residence has issued a foreign TIN, it should be entered. If not, the
date of birth must be provided.
6.
Is a claim of treaty benefits required?
Although not mandatory, if the foreign individual is a resident of a tax treaty country, this section should be
completed to obtain a reduction in withholding tax under the applicable treaty. In order to make a proper
treaty claim, the country of residence must match the country included in this section.
7.
Is a signature required?
The Form W-8BEN must be signed by an individual authorized to sign on behalf of the beneficial owner.
The signer’s name must be printed and capacity must be provided if the Form is not signed by the beneficial
owner. This signature must be an original hand signed signature.
D.3.c. Form W-8BEN-E - Certificate of Entities Status of Beneficial Owner for United States Tax
Withholding and Reporting (Entities)
8.
How does the Form W-8BEN-E differ from the Form W-8BEN?
The W-8BEN can only be filled out by foreign individuals whereas the W-8BEN-E is intended for
completion by foreign entities and not individuals.
9.
Should the country of incorporation match the country of permanent residence?
Yes, the country of incorporation must match the country of permanent residence.
10. How does the mailing address differ from the permanent address?
Mailing address should only be filled out if it is different than the permanent address. Mailing address can
include P.O. Box, in care of address, financial institutions or a US address but if such mailing address is
provided a photocopy of the entity’s formation document (e.g. certificate of incorporate, articles of
association or charter) is provided. Otherwise, the tax form will be invalidated.
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FATCA Self Certification forms
Frequently Asked Questions (FAQ)
11. Are Chapter 3 and Chapter 4 statuses required?
A single Chapter 3 classification is required for each entity. Additionally, one classification should also
apply for the entity as its Chapter 4 status. Failure to provide a Chapter 4 classification and any
supplementary information required for the classification can have withholding implications.
12. Is a U.S. Taxpayer ID Number required?
A U.S. TIN is not required, except for certain cases which are clearly identified in the W-8BEN-E
instructions.
13. What is a GIIN and is it required?
A GIIN is a Global Intermediary Identification Number provided by the IRS during the FATCA registration
process and may be required based on your Chapter 4 status. Please refer to the below FATCA FAQ and
Instructions link or consult with your tax advisor for additional information.
http://www.irs.gov/Businesses/Corporations/Frequently-Asked-Questions-FAQs-FATCA--ComplianceLegal#IGA
14. Is a Foreign TIN required?
The foreign TIN is required unless you have not been issued one or the jurisdiction under which you are a
tax resident does not issue one.
15. Is a claim of treaty benefits required?
Although not mandatory, if the foreign entity is a resident of a tax treaty country, this section should be
completed to obtain a reduction in withholding tax under the applicable treaty. In order to make a proper
treaty claim, the treaty country provided on 14a must match the country of incorporation and permanent
residence country. Boxes 14a, 14b, 14c and 15 should be reviewed and checked if applicable.
16. Is it required to fill out Part IV to XXVIII?
These sections of the tax form should be completed in accordance with the selected Chapter 4 status. The
status selected will identify which section pertains to the election and that specific section should be
referenced and completed where applicable.
17. Who can sign the form and is a signature required?
The Form W-8BEN-E must be signed by an individual authorized to sign on behalf of the entity and attest to
such capacity by checking the box. This signature must be an original hand signed signature.
D.3.d. Form W-8IMY - Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or
Certain U.S. Branches for United States Tax Withholding
1.
How does this Form W-8IMY differ from the previous version of Form W-8IMY?
The Form W-8IMY has been updated to capture a Chapter 4 (FATCA) Status, supplementary information
for that status in the corresponding Part IV to XXVIII of the form and Global Intermediary Identification
Number (GIIN).
2.
Are Chapter 3 and Chapter 4 statuses required?
A single Chapter 3 classification is required. Additionally, one classification should also apply for the
Chapter 4 status if you are acting as an intermediary with respect to a withholdable payment, you are a flowthrough entity receiving a withholdable payment on behalf of your owners, you are providing a withholding
statement associated with this form that allocates a portion of the payment to a chapter 4 withholding rate
pool of U.S. payees with respect to your direct account holders, or you are providing this form to an FFI
requesting this form to document your chapter 4 status.
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FATCA Self Certification forms
Frequently Asked Questions (FAQ)
3.
What is a GIIN and is it required?
A GIIN is a Global Intermediary Identification Number provided by the IRS during the FATCA registration
process and may be required based on your Chapter 4 status. Please refer to the above FATCA FAQ and
Instructions link or consult with your tax advisor for additional information.
4.
Is it required to fill out Part IV to XXVIII?
These sections of the tax form should be completed in accordance with the selected Chapter 4 status. The
status selected will identify which section pertains to the election and that specific section should be
referenced and completed where applicable.
5.
When is a withholding statement not required?
A withholding statement is not required if you have assumed primary withholding responsibility under both
chapter 3 (nonresident alien withholding) and chapter 4 with respect to the account(s) and you are either
assuming primary Form 1099 reporting and backup withholding responsibility or are permitted to satisfy
and do satisfy your chapter 61 requirements as a participating FFI or registered deemed-compliant FFI.
6.
Who can sign the form and is a signature required?
The Form W-8IMY must be signed by an individual authorized to sign on behalf of the entity and attest to
such capacity by checking the box. This signature must be an original hand signed signature.
D.3.e. Form W-8ECI - Certificate of Foreign Persons Claim That Income Is Effectively Connected
With the Conduct of a Trade or Business in the United States
1.
How does the mailing address differ from the permanent address?
The permanent address should be a foreign domicile and the mailing address should be the business address
in the US. If a US address is not provided as the mailing address, this will invalidate the Form.
2.
Is a US Taxpayer ID number required?
A US Taxpayer ID must be provided and as per IRS format, the number must be exactly 9 digits, cannot
contain alphabetical characters and cannot be sequential.
3.
Is a foreign Tax ID number required?
Although not mandatory, if your country of tax residence has issued a foreign TIN, please provide.
4.
Who can sign the form and is a signature required?
The Form W-8ECI must be signed by an individual authorized to sign on behalf of the entity and attest to
such capacity by checking the box. This signature must be an original hand signed signature.
D.3.f. Form W-8EXP - Certificate of Foreign Government or Other Foreign Organization for
United States Tax Withholding
1.
Is a Chapter 4 status required?
One classification should apply for the entity as its Chapter 4 status. Failure to provide a Chapter 4
classification and any supplementary information required for the classification can have withholding
implications.
2.
What is a permanent address?
The permanent address of a foreign government, international organization, or foreign central bank of issue
is where it maintains its principal office. For all other organizations, the permanent address is the address in
the country where the organization claims to be a resident for tax purposes. Do not show the address of a
financial institution, a post office box, or an address used solely for mailing purposes unless such address is
the only permanent address you use and it appears as your registered address in your organizational
documents.
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FATCA Self Certification forms
Frequently Asked Questions (FAQ)
3.
Is a mailing address required?
The mailing address is only required if it differs from the permanent address.
4.
Is a GIIN required?
If the organization has registered with the IRS as a participating FFI (including a reporting Model 2 FFI),
registered deemed-compliant FFI, (including a reporting Model 1 FFI), direct reporting NFFE, check the
box for “GIIN” and provide your GIIN. For payments made prior to January 1, 2015, a Form W-8EXP
provided by a reporting Model 1 FFI need not contain a GIIN. For payments made prior to January 1, 2016,
a sponsored direct reporting NFFE may provide the GIIN of its sponsoring entity.
5.
Who can sign the form and is a signature required?
The Form W-8EXP must be signed by an individual authorized to sign on behalf of the entity and attest to
such capacity by checking the box. This signature must be an original hand signed signature.
Page 8
Confidentiality Waivers
Section II - Confidentiality Waivers
Depending on the FATCA classification status that you have filled in the W8/W9 forms, please check which
of the cases below applies to your entity and, if needed, please complete and sign the relevant attached
waiver both on behalf of your firm and for any entity on whose behalf you transact.
Please note that those confidentiality waivers are mandatory if your firm or and any entity on whose behalf
you transact would like to conduct activity with BNP Paribas in any IGA 2 country 1 or any FATCA
conventional country.

Your firm and any entity on whose behalf you transact is a US Specified Person (a Legal entity
holding US account(s) within the meaning of the FATCA legislation) – please fill the Waiver
Model 1

Your firm and any entity on whose behalf you transact is a Passive Non-Financial Foreign Entity
(NFFE) with Substantial U.S. Owners - please fill the Waiver Model 2

Your firm and any entity on whose behalf you transact is none of the above – in this case you don’t
have to fill a waiver.
Please note that those documents waive your right to banking secrecy and confidentiality and authorize the
BNPP Group to disclose and transfer within the Group, or to the US tax authorities or any immediate payer,
as long as required by the US statute of limitations, all information relating to your data and your accounts
(account number, cash balances, securities accounts and detailed debit and credit, etc.); your transactions
with BNPP Group and/or your FATCA classification.
1
The list of IGA2 countries having signed or agreed FATCA Model 2 Inter-Governmental Agreements can
be found at the following link:
http://www.treasury.gov/resource-center/tax-policy/treaties/Pages/FATCA-Archive.aspx
Page 9
Confidentiality Waivers
Confidentiality Waiver Model 1 - for US Specified Persons
A.
Confidentiality Waiver Model 1 - for US Specified Persons
Form of letter to be executed by a Legal entity holding US account(s) within the meaning of
the FATCA legislation
For the attention of BNPP Group (SA head office, including all of its branches and its existing
subsidiaries1), the “Group”
We, undersigned
Company name:
Legal form:
Registered head office:
Registration references:
GIIN, LEI or other registration number
Confirm that we are informed that the United States (US) tax authorities have enacted tax regulations which
aim at fighting against tax evasion and apply to US legal entities outside the USA. In particular, a tax
legislation2 commonly named FATCA has been adopted on the 18 th of March 2010 and imposes certain
obligations on non US financial institutions, including the Group, in relation to all accounts held by and
transactions entered into with US persons.
Pursuant to these requirements, (i) due diligence and control processes need to be implemented for the
purpose of identifying US legal entities subject to the US tax legislation (“US Client”), and (ii) a reporting
mechanism on an ongoing basis in respect of these US Clients to the US tax authorities needs as well to be
performed.
Such reporting will include information relating to the US Client (data such as name, address, TIN) and the
relevant account(s) (account number, balances of cash and securities accounts, all transactions related to
such account, etc.) and/or value of financial contracts.
In the absence of a valid banking secrecy/confidentiality waiver from any US Client or the remittance of any
information required under US tax law, the Group may be compelled to (i) close the relevant account(s)
and/or (ii) terminate the contractual relationship with the Client. In the meantime, the US tax authorities
require the Group to withhold tax on their behalf and for their account (at a rate of up to 30% operated by
debit of the client’s account or transaction flows).
As regards our account(s) or any transaction we may enter (or have entered) into with the Group, we hereby
represent that we are fully aware of the tax and other regulatory requirements pertaining to the US Client
status within the meaning of the FATCA legislation, and in particular, we are informed of the reporting and
other updated information to be provided to the US tax authorities by the Group as above mentioned. We
shall fully abide by, and comply with, such requirements. In particular, we undertake to provide the Group
with updated information in case of any change of our status and with any document that may be relevant
for FATCA purposes.
We hereby authorise the Group to debit the abovementioned withholding amounts in case of our noncompliance with the FATCA requirements.
1
listed in Annex 1 to Confidentiality Waivers
the Foreign Account Tax Compliance Act (FATCA) provisions which are inserted in the Hiring Incentives to
Restore Employment Act.
2 Cf.
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Confidentiality Waivers
Confidentiality Waiver Model 1 - for US Specified Persons
We hereby accordingly waive our right to banking secrecy and confidentiality and authorize the Group to
disclose and transfer within the Group, or to the US tax authorities or any immediate payer, as long as
required by the US statute of limitations, all information relating to our data and our accounts (account
number, cash balances, securities accounts and detailed debit and credit, etc.); our transactions with the
Group and/or our FATCA classification
This letter is governed by banking secrecy/confidentiality law(s) applicable to any contractual transaction
impacted by a FATCA obligation and any dispute in connection therewith shall be submitted to the
exclusive jurisdiction of the competent court as determined by such relevant banking secrecy/confidentiality
law.
Yours sincerely
Place:
Date
Company name:
Represented by
Name, First name
Title
X
Signature
Page 11
Confidentiality Waivers
Confidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. Owners
B.
Confidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S.
Owners
Form of letter to be executed by a US Owned foreign Legal entity within the meaning of the
FATCA legislation
For the attention of BNPP group (SA head office, including all of its branches and its existing subsidiaries 1),
the Group
We, undersigned
Company name:
Legal form:
Registered head office:
Registration references:
GIIN, LEI or other registration number
Confirm that we are informed that the United States (US) tax authorities have enacted tax regulations which
aim at fighting against tax evasion and apply to US legal entities outside the USA as well as to US owned
foreign entities (non-US entities which have one or more substantial US owners). For the purpose of this
waiver, a substantial US owner is any person which, directly or indirectly, owns either (i) with respect to
any corporation, more than 10 percent of the stock of such corporation (by vote or value), or (ii) with respect
to any partnership, more than 10 percent of the profits interests or capital interests in such partnership.
In particular, a tax legislation2 commonly named FATCA has been adopted on the 18 th of March 2010 and
imposes certain obligations on non US financial institutions, including the Group, in relation to all accounts
held by and transactions entered into with US persons and/or US owned foreign legal entities.
Pursuant to these requirements, (i) due diligence and control processes need to be implemented for the
purpose of identifying US owned foreign entities (“Client”) together with the relevant substantial US
owner(s), and (ii) a reporting mechanism on an ongoing basis in respect of these Clients or the relevant
substantial US owner(s) to the US tax authorities needs as well to be performed.
Such reporting will include information relating to the substantial US owner(s) (data such as name, address,
TIN) and the relevant account(s) of the Client (account number, balances of cash and securities accounts, all
transactions related to such account, etc.) and/or value of financial contracts.
In the absence of a valid banking secrecy/confidentiality waiver from the Client (including the confirmation
by the client that the substantial US owner(s) has/have given their express consent to the reporting to the US
tax authorities) or the remittance of any updated information required under US tax law, the Group may be
compelled to (i) close the relevant account(s) and/or (ii) terminate the contractual relationship with the
Client. In the meantime, the US tax authorities may require the Group to withhold a tax on their behalf and
for their account (at a rate of up to 30% operated by debit of the Client’s account or transaction flows).
1
listed in Annex 1 to Confidentiality Waivers
Cf. the Foreign Account Tax Compliance Act (FATCA) provisions which are inserted in the Hiring Incentives to
Restore Employment Act and the related tax instructions.
2
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Confidentiality Waivers
Confidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. Owners
As regards our account(s) or any transaction we may enter (or have entered) into with the Group, we hereby
represent that we are fully aware of the tax and other regulatory requirements pertaining to the US Client
status within the meaning of the FATCA legislation, and in particular, we are informed of the reporting and
other updated information to be provided to the US tax authorities by the Group as above mentioned. We
shall fully abide by, and comply with, such requirements.
In particular, we undertake to provide the Group with updated information in case of any change of our
status and with any document that may be relevant for FATCA purposes including with regard to the
substantial US owner(s). We hereby authorise the Group to debit the abovementioned withholding amounts
in case of our non-compliance with the FATCA requirements.
We hereby accordingly waive our right to banking secrecy and confidentiality and authorize the Group to
disclose and transfer within the Group, or to the US tax authorities or any immediate payer, as long as
required by the US statute of limitations, all information relating to our data and our accounts (account
number, cash balances, securities accounts and detailed debit and credit, etc.); our transactions with the
Group and/or our FATCA classification, and all the information relating to the substantial US owner(s).
We hereby declare and warrant that our substantial US owner(s):
1.
is (are) duly informed of the FATCA legislation, and,
2.
has (have) given us its (their) express consent, if relevant and in accordance with the relevant
applicable data protection and/or professional secrecy legislation, for its (their) data (e.g. name,
address, TIN) and relevant documentation and/or information to be collected and reported to the IRS
for FATCA purposes.
Furthermore, we undertake to provide the Group upon request with the original or duly certified copy (ies)
of the aforementioned documentation and/or information, including the aforementioned consent(s) with
respect to our current and future substantial US owner(s).
The undertakings referred to in this waiver apply with regard to any current and subsequent substantial US
owners.
This letter is governed by banking secrecy/confidentiality law(s) applicable to any contractual transaction
impacted by a FATCA obligation and any dispute in connection therewith shall be submitted to the
exclusive jurisdiction of the competent court as determined by such relevant banking secrecy/confidentiality
law.
Yours sincerely,
Place:
Date
Company name:
Represented by
Name, First name
Title
X
Signature
Page 13
Confidentiality Waivers
Annex 1 to Confidentiality Waivers: List of BNP Paribas subsidiaries
C.
Annex 1 to Confidentiality Waivers: List of BNP Paribas subsidiaries
Legal entity name
Country of incorporation
BANCO BNP PARIBAS BRASIL SA
Brazil
BNP PARIBAS (CANADA)
Canada
BNP PARIBAS (CANADA) VALEURS MOBILIERES INC.
Canada
BNP PARIBAS (CHINA) LIMITED
China
BNP PARIBAS AMBER HOLDINGS PTY LTD
Australia
BNP PARIBAS ARBITRAGE
France
BNP PARIBAS ARBITRAGE (HONG KONG) LTD
Hong Kong
BNP PARIBAS ARBITRAGE ISSUANCE B.V
Netherlands
BNP PARIBAS BANK NV
Netherlands
BNP PARIBAS BANK POLSKA SA
Poland
BNP PARIBAS CADIZ SECURITIES
South Africa
BNP PARIBAS CADIZ STOCKBROKING
South Africa
BNP PARIBAS CAPITAL (MALAYSIA) SDN BHD
Malaysia
BNP PARIBAS COLOMBIA CORPORACION
FINANCIERA S.A.
BNP PARIBAS COMMODITY FUTURES LIMITED
Colombia
BNP PARIBAS EMISSION-UND
HANDELSGESELLSCHAFT MBH
BNP PARIBAS ENERGY TRADING CANADA CORP.
Germany
BNP PARIBAS INVESTMENT COMPANY KSA
Saudi Arabia
BNP PARIBAS IRELAND
Ireland
BNP PARIBAS ISLAMIC ISSUANCE BV
Netherlands
BNP PARIBAS MALAYSIA BERHAD
Malaysia
BNP PARIBAS PRIME BROKERAGE INTERNATIONAL,
LTD
BNP PARIBAS S.A. DE C.V., SOFOM, E.N.R.
Cayman
BNP PARIBAS SECURITIES (ASIA) LIMITED
Hong Kong
BNP PARIBAS SECURITIES (JAPAN) LIMITED
Japan
BNP PARIBAS SECURITIES (SINGAPORE) PTE LTD
Singapore
BNP PARIBAS SECURITIES (TAIWAN) CO LTD
Taiwan
BNP PARIBAS SECURITIES INDIA PRIVATE LIMITED
India
BNP PARIBAS SECURITIES KOREA CO., LTD
South Korea
BNP PARIBAS UK LIMITED
United Kingdom
BNP PARIBAS ZAO
Russia
FORTIS INTERNATIONAL FINANCE (DUBLIN)
Ireland
PT BANK BNP PARIBAS INDONESIA
Indonesia
PT BNP PARIBAS SECURITIES INDONESIA
Indonesia
SERVIZIO ITALIA SOCIETA FIDUCIARIA E DI SERVIZI
S.P.A.
Türk Ekonomi Bankasi (TEB) A.Ş
Italy
UTEXAM LIMITED
Ireland
UTEXAM SOLUTIONS LIMITED
Ireland
United Kingdom
Canada
Mexico
Turkey
Page 14
Table for Passive NFFE with Substantial U.S. Owners
Section III - Table for Passive NFFE with Substantial
U.S. Owners
In case the FATCA status of your entity or of any entity on whose behalf you transact is “Passive NFFE”
with substantial U.S. owners, in addition to information submitted in the W8 form (name, address, US Tax
Identification Number or TIN), please provide the percentage owned and Date of birth of each substantial
U.S. owner of the NFFE.
Name
Address
TIN
Percentage
owned
Date of
birth for
individuals
(leave blank
for entities)
Page 15