TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-607

________________________________________________________________________

TAXATION

Foreign Account Tax Compliance 

Agreement Between the 

UNITED STATES OF AMERICA

and ANTIGUA AND BARBUDA

Signed at Bridgetown and St. John’s

October 12 and 19, 2016 

with

Annexes
 NOTE BY THE DEPARTMENT OF STATE

 Pursuant to Public Law 89—497, approved July 8, 1966

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued

under the authority of the Secretary of State shall be competent

evidence . . . of the treaties, international agreements other than

treaties, and proclamations by the President of such treaties and

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime

jurisdiction, and in all the tribunals and public offices of the

United States, and of the several States, without any further proof

or authentication thereof.”
 ANTIGUA AND BARBUDA 

 

 Taxation: Foreign Account Tax Compliance 

 Agreement signed at Bridgetown and St. John’s

 October 12 and 19, 2016;

 Entered into force June 7, 2017.

 With annexes.
Agreement between the Government of the United States of America and the 


Government of Antigua and Barbuda to Improve International Tax Compliance and to 


Implement FATCA 

Whereas, the Government of the United States ofAmerica and the Government ofAntigua 

and Barbuda (each, a "Party," and together, the "Parties") desire to conclude an agreement to 

improve international tax compliance; 

Whereas, the United States ofAmerica enacted provisions commonly known as the Foreign 

Account Tax Compliance Act ("FATCA"), which introduce a reporting regime for financial 

institutions with respect to certain accounts; 

Whereas, the Government ofAntigua and Barbuda is supportive of the underlying policy goal 

of FATCA to improve tax compliance; 

Whereas, F ATCA has raised a number of issues, including that Antigua and Barbuda financial 

institutions may not be able to comply with certain aspects of FATCA due to domestic legal 

impediments; 

Whereas, an intergovernmental approach to FATCA implementation would address legal 

impediments and reduce burdens for Antigua and Barbuda financial institutions; 

Whereas, the Parties desire to conclude an agreement to improve international tax compliance 

and provide for the implementation of FATCA based on domestic reporting and automatic 

exchange, subject to the confidentiality and other protections provided for herein, including 

the provisions limiting the use of the information exchanged; 

Now, therefore, the Parties have agreed as follows: 

Article 1 


Definitions 


1. For purposes of this agreement and any annexes thereto (the "Agreement"), the 

following terms shall have the meanings set forth below: 

a) 	 The term "United States" means the United States ofAmerica, including the 

States thereof, but does not include the U.S. Territories. Any reference to a 

"State" of the United States includes the District of Columbia. 

b) 	 The term "U.S. Territory" means American Samoa, the Commonwealth of 

the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or 

the U.S. Virgin Islands. 

c) 	 The term "IRS" means the U.S. Internal Revenue Service. 

d) 	 The term "Antigua and Barbuda" means Antigua and Barbuda. 
e) 	 The term "Partner Jurisdiction" means a jurisdiction that has in effect an 

agreement with the United States to facilitate the implementation of FATCA. 

The IRS shall publish a list identifying all Partner Jurisdictions. 

f) 	 The term "Competent Authority" means: 

(1) 	 in the case ofthe United States, the Secretary of the Treasury or his 

delegate; and 

(2) 	 in the case ofAntigua and Barbuda, the Inland Revenue Department. 

g) 	 The term "Financial Institution" means a Custodial Institution, a Depository 

Institution, an Investment Entity, or a Specified Insurance Company. 

h) 	 The term "Custodial Institution" means any Entity that holds, as a 

substantial portion of its business, financial assets for the account of others. 

An entity holds financial assets for the account of others as a substantial 

portion of its business ifthe entity's gross income attributable to the holding of 

financial assets and related financial services equals or exceeds 20 percent of 

the entity's gross income during the shorter of: (i) the three-year period that 

ends on December 31 (or the final day of a non-calendar year accounting 

period) prior to the year in which the determination is being made; or (ii) the 

period during which the entity has been in existence. 

i) 	 The term "Depository Institution" means any Entity that accepts deposits in 

the ordinary course of a banking or similar business. 

j) 	 The term "Investment Entity" means any Entity that conducts as a business 

(or is managed by an entity that conducts as a business) one or more ofthe 

following activities or operations for or on behalf of a customer: 

(1) 	 trading in money market instruments (cheques, bills, certificates of 

deposit, derivatives, etc.); foreign exchange; exchange, interest rate 

and index instruments; transferable securities; or commodity futures 

trading; 

(2) 	 individual and collective portfolio management; or 

(3) 	 otherwise investing, administering, or managing funds or money on 

behalf of other persons. 

This subparagraph I U) shall be interpreted in a manner consistent with similar 

language set forth in the definition of "financial institution" in the Financial 

Action Task Force Recommendations. 

k) 	 The term "Specified Insurance Company" means any Entity that is an 

insurance company (or the holding company of an insurance company) that 

issues, or is obligated to make payments with respect to, a Cash Value 

Insurance Contract or an Annuity Contract. 

2 

1) 	 The term "Antigua and Barbuda Financial Institution" means (i) any 

Financial Institution organized under the laws ofAntigua and Barbuda, but 

excluding any branch of such Financial Institution that is located outside 

Antigua and Barbuda, and (ii) any branch of a Financial Institution not 

organized under the laws ofAntigua and Barbuda, if such branch is located in 

Antigua and Barbuda. 

m) 	 The term "Partner Jurisdiction Financial Institution" means (i) any 

Financial Institution established in a Partner Jurisdiction, but excluding any 

branch of such Financial Institution that is located outside the Partner 

Jurisdiction, and (ii) any branch of a Financial Institution not established in the 

Partner Jurisdiction, if such branch is located in the Partner Jurisdiction. 

n) 	 The term "Reporting Antigua and Barbuda Financial Institution" means 

any Antigua and Barbuda Financial Institution that is not a Non-Reporting 

Antigua and Barbuda Financial Institution. 

o) 	 The term "Non-Reporting Antigua and Barbuda Financial Institution" 

means any Antigua and Barbuda Financial Institution, or other Entity resident 

in Antigua and Barbuda, that is described in Annex II as a Non-Reporting 

Antigua and Barbuda Financial Institution or that otherwise qualifies as a 

deemed-compliant FFI or an exempt beneficial owner under relevant U.S. 

Treasury Regulations in effect on the date of signature ofthis Agreement. 

p) 	 The term "Nonparticipating Financial Institution" means a nonparticipating 

FFI, as that term is defined in relevant U.S. Treasury Regulations, but does not 

include an Antigua and Barbuda Financial Institution or other Partner 

Jurisdiction Financial Institution other than a Financial Institution treated as a 

Nonparticipating Financial Institution pursuant to subparagraph 3(b) ofArticle 

5 of this Agreement or the corresponding provision in an agreement between 

the United States and a Partner Jurisdiction. 

q) 	 The term "Financial Account" means an account maintained by a Financial 

Institution, and includes: 

(1) in the case of an Entity that is a Financial Institution solely because it 

is an Investment Entity, any equity or debt interest (other than interests 

that are regularly traded on an established securities market) in the 

Financial Institution; 

(2) 	 in the case of a Financial Institution not described in subparagraph 

l(q)(l) of this Article, any equity or debt interest in the Financial 

Institution (other than interests that are regularly traded on an 

established securities market), if (i) the value of the debt or equity 

interest is determined, directly or indirectly, primarily by reference to 

assets that give rise to U.S. Source Withholdable Payments, and (ii) the 

class of interests was established with a purpose of avoiding reporting 

in accordance with this Agreement; and 

(3) 	 any Cash Value Insurance Contract and any Annuity Contract issued or 

3 

maintained by a Financial Institution, other than a noninvestmentlinked, nontransferable immediate life annuity that is issued to an 

individual and monetizes a pension or disability benefit provided under 

an account that is excluded from the definition of Financial Account in 

Annex II. 

Notwithstanding the foregoing, the term "Financial Account" does not include 

any account that is excluded from the definition of Financial Account in 

Annex II. For purposes of this Agreement, interests are "regularly traded" if 

there is a meaningful volume of trading with respect to the interests on an 

ongoing basis, and an "established securities market" means an exchange that 

is officially recognized and supervised by a governmental authority in which 

the market is located and that has a meaningful annual value of shares traded 

on the exchange. For purposes of this subparagraph l(q), an interest in a 

Financial Institution is not "regularly traded" and shall be treated as a 

Financial Account if the holder of the interest (other than a Financial 

Institution acting as an intermediary) is registered on the books of such 

Financial Institution. The preceding sentence will not apply to interests first 

registered on the books of such Financial Institution prior to July 1, 2014, and 

with respect to interests first registered on the books of such Financial 

Institution on or after July 1, 2014, a Financial Institution is not required to 

apply the preceding sentence prior to January 1, 2016. 

r) 	 The term "Depository Account" includes any commercial, checking, savings, 

time, or thrift account, or an account that is evidenced by a certificate of 

deposit, thrift certificate, investment certificate, certificate of indebtedness, or 

other similar instrument maintained by a Financial Institution in the ordinary 

course of a banking or similar business. A Depository Account also includes 

an amount held by an insurance company pursuant to a guaranteed investment 

contract or similar agreement to pay or credit interest thereon. 

s) 	 The term "Custodial Account" means an account (other than an Insurance 

Contract or Annuity Contract) for the benefit of another person that holds any 

financial instrument or contract held for investment (including, but not limited 

to, a share or stock in a corporation, a note, bond, debenture, or other evidence 

of indebtedness, a currency or commodity transaction, a credit default swap, a 

swap based upon a nonfinancial index, a notional principal contract, an 

Insurance Contract or Annuity Contract, and any option or other derivative 

instrument). 

t) 	 The term "Equity Interest" means, in the case of a partnership that is a 

Financial Institution, either a capital or profits interest in the partnership. In 

the case of a trust that is a Financial Institution, an Equity Interest is 

considered to be held by any person treated as a settlor or beneficiary of all or 

a portion of the trust, or any other natural person exercising ultimate effective 

control over the trust. A Specified U.S. Person shall be treated as being a 

beneficiary of a foreign trust if such Specified U.S. Person has the right to 

receive directly or indirectly (for example, through a nominee) a mandatory 

distribution or may receive, directly or indirectly, a discretionary distribution 

from the trust. 

4 

u) 	 The term "Insurance C~ntract" means a contract (other than an Annuity 

Contract) under which the issuer agrees to pay an amount upon the occurrence 

of a specified contingency involving mortality, morbidity, accident, liability, or 

property risk. 

v) 	 The term "Annuity Contract" means a contract under which the issuer agrees 

to make payments for a period of time determined in whole or in part by 

reference to the life expectancy of one or more individuals. The term also 

includes a contract that is considered to be an Annuity Contract in accordance 

with the law, regulation, or practice of the jurisdiction in which the contract 

was issued, and under which the issuer agrees to make payments for a term of 

years. 

w) 	 The term "Cash Value Insurance Contract" means an Insurance Contract 

(other than an indemnity reinsurance contract between two insurance 

companies) that has a Cash Value greater than $50,000. 

x) 	 The term "Cash Value" means the greater of (i) the amount that the 

policyholder is entitled to receive upon surrender or termination of the 

contract (determined without reduction for any surrender charge or policy 

loan), and (ii) the amount the policyholder can borrow under or with regard to 

the contract. Notwithstanding the foregoing, the term "Cash Value" does not 

include an amount payable under an Insurance Contract as: 

(1) 	 a personal injury or sickness benefit or other benefit providing 

indemnification of an economic loss incurred upon the occurrence of 

the event insured against; 

(2) 	 a refund to the policyholder of a previously paid premium under an 

Insurance Contract (other than under a life insurance contract) due to 

policy cancellation or termination, decrease in risk exposure during the 

effective period of the Insurance Contract, or arising from a 

redetermination of the premium due to correction of posting or other 

similar error; or 

(3) 	 a policyholder dividend based upon the underwriting experience of the 

contract or group involved. 

y) 	 The term "U.S. Reportable Account" means a Financial Account maintained 

by a Reporting Antigua and Barbuda 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. Reportable Account if such 

account is not identified as a U.S. Reportable Account after application of the 

due diligence procedures in Annex I. 

z) 	 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 

5 

Account for the benefit or account of another person as agent, custodian, 

nominee, signatory, investment advisor, or intermediary, is not treated as 

holding the account for purposes ofthis Agreement, and such other person is 

treated as holding the account. For purposes of the immediately preceding 

sentence, the term "Financial Institution" does not include a Financial 

Institution organized or incorporated in a U.S. Territory. In the case of a Cash 

Value Insurance Contract or an Annuity Contract, the Account Holder is any 

person entitled to access the Cash Value or change the beneficiary ofthe 

contract. If no person can access the Cash Value or change the beneficiary, the 

Account Holder is any person named as the owner in the contract and any 

person with a vested entitlement to payment under the terms ofthe contract. 

Upon the maturity of a Cash Value Insurance Contract or an Annuity Contract, 

each person entitled to receive a payment under the contract is treated as an 

Account Holder. 

aa) 	 The term "U.S. Person" means a U.S. citizen or resident individual, a 

partnership or corporation organized in the United States or under the laws of 

the United States or any State thereof, a trust if (i) a court within the United 

States would have authority under applicable law to render orders or 

judgments concerning substantially all issues regarding administration of the 

trust, and (ii) one or more U.S. persons have the authority to control all 

substantial decisions ofthe trust, or an estate of a decedent that is a citizen or 

resident ofthe United States. This subparagraph l(aa) shall be interpreted in 

accordance with the U.S. Internal Revenue Code. 

bb) 	 The term "Specified U.S. Person" means a U.S. Person, other than: (i) a 

corporation the stock ofwhich is regularly traded on one or more established 

securities markets; (ii) any corporation that is a member ofthe same expanded 

affiliated group, as defined in section 1471(e)(2) ofthe U.S. Internal Revenue 

Code, as a corporation described in clause (i); (iii) the United States or any 

wholly owned agency or instrumentality thereof; (iv) any State ofthe United 

States, any U.S. Territory, any political subdivision of any ofthe foregoing, or 

any wholly owned agency or instrumentality of any one or more ofthe 

foregoing; (v) any organization exempt from taxation under section 501(a) of 

the U.S. Internal Revenue Code or an individual retirement plan as defined in 

section 7701(a)(37) of the U.S. Internal Revenue Code; (vi) any bank as 

defined in section 581 of the U.S. Internal Revenue Code; (vii) any real estate 

investment trust as defined in section 856 of the U.S. Internal Revenue Code; 

(viii) any regulated investment company as defined in section 851 ofthe U.S. 

Internal Revenue Code or any entity registered with the U.S. Securities and 

Exchange Commission under the Investment Company Act of 1940 (15 U.S.C. 

80a-64); (ix) any common trust fund as defined in section 584(a) ofthe U.S. 

Internal Revenue Code; (x) any trust that is exempt from tax under section 

664(c) ofthe U.S. Internal Revenue Code or that is described in section 

4947(a)(l) of the U.S. Internal Revenue Code; (xi) a dealer in securities, 

commodities, or derivative financial instruments (including notional principal 

contracts, futures, forwards, and options) that is registered as such under the 

laws ofthe United States or any State; (xii) a broker as defined in section 

6045(c) of the U.S. Internal Revenue Code; or (xiii) any tax-exempt trust 

6 

under a plan that is described in section 403(b) or section 457(g) of the U.S. 

Internal Revenue Code. 

cc) 	 The term "Entity" means a legal person or a legal arrangement such as a trust. 

dd) 	 The term "Non-U.S. Entity" means an Entity that is not a U.S. Person. 

ee) 	 The term "U.S. Source With holdable Payment" means any payment of 

interest (including any original issue discount), dividends, rents, salaries, 

wages, premiums, annuities, compensations, remunerations, emoluments, and 

other fixed or determinable annual or periodical gains, profits, and income, if 

such payment is from sources within the United States. Notwithstanding the 

foregoing, a U.S. Source Withholdable Payment does not include any payment 

that is not treated as a withholdable payment in relevant U.S. Treasury 

Regulations. 

ff) 	 An Entity is a "Related Entity" of another Entity if either Entity controls the 

other Entity, or the two Entities are under common control. For this purpose 

control includes direct or indirect ownership of more than 50 percent of the 

vote or value in an Entity. Notwithstanding the foregoing, Antigua and 

Barbuda may treat an Entity as not a Related Entity of another Entity if the 

two Entities are not members of the same expanded affiliated group as defined 

in section 147l(e)(2) of the U.S. Internal Revenue Code. 

gg) 	 The term "U.S. TIN" means a U.S. federal taxpayer identifying number. 

hh) 	 The term "Controlling Persons" means the natural persons who exercise 

control over an Entity. In the case of a trust, such term means the settlor, the 

trustees, the protector (if any), the beneficiaries or class of beneficiaries, and 

any other natural person exercising ultimate effective control over the trust, 

and in the case of a legal arrangement other than a trust, such term means 

persons in equivalent or similar positions. The term "Controlling Persons" 

shall be interpreted in a manner consistent with the Financial Action Task 

Force Recommendations. 

2. Any term not otherwise defined in this Agreement shall, unless the context otherwise 

requires or the Competent Authorities agree to a common meaning (as permitted by domestic 

law), have the meaning that it has at that time under the law ofthe Party applying this 

Agreement, any meaning under the applicable tax Jaws of that Party prevailing over a 

meaning given to the term under other Jaws of that Party. 

Article 2 


Obligations to Obtain and Exchange Information with Respect to U.S. Reportable 


Accounts 


I. Subject to the provisions of Article 3 of this Agreement, Antigua and Barbuda shall 

obtain the information specified in paragraph 2 of this Article with respect to all U.S. 

Reportable Accounts and shall annually exchange this information with the United States on 

an automatic basis. 

7 

2. The information to be obtained and exchanged with respect to each U.S. Reportable 

Account of each Reporting Antigua and Barbuda Financial Institution is: 

a) 	 the name, address, and U.S. TIN of each Specified U.S. Person that is an 

Account Holder of such account and, in the case of a Non-U.S. Entity that, 

after application of the due diligence procedures set forth in Annex I, is 

identified as having one or more Controlling Persons that is a Specified U.S. 

Person, the name, address, and U.S. TIN (if any) of such entity and each such 

Specified U.S. Person; 

b) 	 the account number (or functional equivalent in the absence of an account 

number); 

c) 	 the name and identifying number ofthe Reporting Antigua and Barbuda 

Financial Institution; 

d) 	 the account balance or value (including, in the case of a Cash Value Insurance 

Contract or Annuity Contract, the Cash Value or surrender value) as ofthe end 

ofthe relevant calendar year or other appropriate reporting period or, if the 

account was closed during such year, immediately before closure; 

e) 	 in the case of any Custodial Account: 

(1) the total gross amount of interest, the total gross amount of dividends, 

and the total gross amount of other income generated with respect to 

the assets held in the account, in each case paid or credited to the 

account (or with respect to the account) during the calendar year or 

other appropriate reporting period; and 

(2) 	 the total gross proceeds from the sale or redemption of property paid or 

credited to the account during the calendar year or other appropriate 

reporting period with respect to which the Reporting Antigua and 

Barbuda Financial Institution acted as a custodian, broker, nominee, or 

otherwise as an agent for the Account Holder; 

f) 	 in the case of any Depository Account, the total gross amount of interest paid 

or credited to the account during the calendar year or other appropriate 

reporting period; and 

g) 	 in the case of any account not described in subparagraph 2( e) or 2(f) ofthis 

Article, the total gross amount paid or credited to the Account Holder with 

respect to the account during the calendar year or other appropriate reporting 

period with respect to which the Reporting Antigua and Barbuda Financial 

Institution is the obligor or debtor, including the aggregate amount of any 

redemption payments made to the Account Holder during the calendar year or 

other appropriate reporting period. 

8 

Article 3 


Time and Manner of Exchange of Information 


1. For purposes ofthe exchange obligation in Article 2 ofthis Agreement, the amount 

and characterization of payments made with respect to a U.S. Reportable Account may be 

determined in accordance with the principles ofthe tax laws ofAntigua and Barbuda. 

2. For purposes ofthe exchange obligation in Article 2 ofthis Agreement, the 

information exchanged shall identify the currency in which each relevant amount is 

denominated. 

3. With respect to paragraph 2 ofArticle 2 ofthis Agreement, information is to be 

obtained and exchanged with respect to 2014 and all subsequent years, except that: 

a) 	 the information to be obtained and exchanged with respect to 2014 is only the 

information described in subparagraphs 2(a) through 2(d) ofArticle 2 of this 

Agreement; 

b) 	 the information to be obtained and exchanged with respect to 2015 is the 

information described in subparagraphs 2(a) through 2(g) ofArticle 2 of this 

Agreement, except for gross proceeds described in subparagraph 2(e)(2) of 

Article 2 ofthis Agreement; and 

c) 	 the information to be obtained and exchanged with respect to 2016 and 

subsequent years is the information described in subparagraphs 2(a) through 

2(g) ofArticle 2 of this Agreement; 

4. Notwithstanding paragraph 3 of this Article, with respect to each U.S. Reportable 

Account maintained by a Reporting Antigua and Barbuda Financial Institution as of June 30, 

2014, and subject to paragraph 2 ofArticle 6 ofthis Agreement, Antigua and Barbuda is not 

required to obtain and include in the exchanged information the U.S. TIN of any relevant 

person if such U.S. TIN is not in the records ofthe Reporting Antigua and Barbuda Financial 

Institution. In such a case, Antigua and Barbuda shall obtain and include in the exchanged 

information the date of birth ofthe relevant person, if the Reporting Antigua and Barbuda 

Financial Institution has such date of birth in its records. 

5. Subject to paragraphs 3 and 4 of this Article, the information described in Article 2 of 

this Agreement shall be exchanged by the later of nine months after the end ofthe calendar 

year to which the information relates or the next September 301

h after the agreement enters 

into force. 

6. The Competent Authorities ofAntigua and Barbuda and the United States shall enter 

into an agreement or arrangement under the mutual agreement procedure provided for in 

Article 8 of this Agreement, which shall: 

a) 	 establish the procedures for the automatic exchange obligations described in 

Article 2 ofthis Agreement; 

b) 	 prescribe rules and procedures as may be necessary to implement Article 5 of 

this Agreement; and 

9 

c) 	 establish as necessary procedures for the exchange ofthe information reported 

under subparagraph l(b) ofArticle 4 of this Agreement. 

7. All information exchanged shall be subject to the confidentiality and other protections 

provided for in Article 9 of this Agreement, including the provisions limiting the use of the 

information exchanged. 

Article 4 


Application of FATCA to Antigua and Barbuda Financial Institutions 


1. Treatment of Reporting Antigua and Barbuda Financial Institutions. Each 

Reporting Antigua and Barbuda Financial Institution shall be treated as complying with, and 

not subject to withholding under, section 1471 of the U.S. Internal Revenue Code ifAntigua 

and Barbuda complies with its obligations under Articles 2 and 3 of this Agreement with 

respect to such Reporting Antigua and Barbuda Financial Institution, and the Reporting 

Antigua and Barbuda Financial Institution: 

a) 	 identifies U.S. Reportable Accounts and reports annually to the Antigua and 

Barbuda Competent Authority the information required to be reported in 

paragraph 2 ofArticle 2 of this Agreement in the time and manner described in 

Article 3 of this Agreement; 

b) 	 for each of 2015 and 2016, reports annually to the Antigua and Barbuda 

Competent Authority the name of each Nonparticipating Financial Institution 

to which it has made payments and the aggregate amount of such payments; 

c) 	 complies with the applicable registration requirements on the IRS FATCA 

registration website; 

d) 	 to the extent that a Reporting Antigua and Barbuda Financial Institution is (i) 

acting as a qualified intermediary (for purposes of section 1441 of the U.S. 

Internal Revenue Code) that has elected to assume primary withholding 

responsibility under chapter 3 of subtitle A ofthe U.S. Internal Revenue Code, 

(ii) a foreign partnership that has elected to act as a withholding foreign 

partnership (for purposes of both sections 1441 and 1471 of the U.S. Internal 

Revenue Code), or (iii) a foreign trust that has elected to act as a withholding 

foreign trust (for purposes of both sections 1441 and 1471 of the U.S. Internal 

Revenue Code), withholds 30 percent of any U.S. Source Withholdable 

Payment to any Nonparticipating Financial Institution; and 

e) 	 in the case of a Reporting Antigua and Barbuda Financial Institution that is not 

described in subparagraph 1 ( d) of this Article and that makes a payment of, or 

acts as an intermediary with respect to, a U.S. Source Withholdable Payment 

to any Nonparticipating Financial Institution, the Reporting Antigua and 

Barbuda Financial Institution provides to any immediate payor of such U.S. 

Source Withholdable Payment the information required for withholding and 

reporting to occur with respect to such payment. 

10 

Notwithstanding the foregoing, a Reporting Antigua and Barbuda Financial Institution with 

respect to which the conditions ofthis paragraph 1 are not satisfied shall not be subject to 

withholding under section 1471 ofthe U.S. Internal Revenue Code unless such Reporting 

Antigua and Barbuda Financial Institution is treated by the IRS as a Nonparticipating 

Financial Institution pursuant to subparagraph 3(b) ofArticle 5 ofthis Agreement. 

2. Suspension of Rules Relating to Recalcitrant Accounts. The United States shall 

not require a Reporting Antigua and Barbuda Financial Institution to withhold tax under 

section 1471 or 1472 ofthe U.S. Internal Revenue Code with respect to an account held by a 

recalcitrant account holder (as defined in section 147l(d)(6) ofthe U.S. Internal Revenue 

Code), or to close such account, ifthe U.S. Competent Authority receives the information set 

forth in paragraph 2 ofArticle 2 of this Agreement, subject to the provisions ofArticle 3 of 

this Agreement, with respect to such account. 

3. Specific Treatment ofAntigua and Barbuda Retirement Plans. The United States 

shall treat as deemed-compliant FFis or exempt beneficial owners, as appropriate, for 

purposes of sections 1471and1472 of the U.S. Internal Revenue Code, Antigua and Barbuda 

retirement plans described in Annex II. For this purpose, an Antigua and Barbuda retirement 

plan includes an Entity established or located in, and regulated by, Antigua and Barbuda, or a 

predetermined contractual or legal arrangement, operated to provide pension or retirement 

benefits or earn income for providing such benefits under the laws ofAntigua and Barbuda 

and regulated with respect to contributions, distributions, reporting, sponsorship, and 

taxation. 

4. Identification and Treatment of Other Deemed-Compliant FFis and Exempt 

Beneficial Owners. The United States shall treat each Non-Reporting Antigua and Barbuda 

Financial Institution as a deemed-compliant FFI or as an exempt beneficial owner, as 

appropriate, for purposes ofsection 1471 ofthe U.S. Internal Revenue Code. 

5. Special Rules Regarding Related Entities and Branches That Are 

Nonparticipating Financial Institutions. If an Antigua and Barbuda Financial Institution, 

that otherwise meets the requirements described in paragraph 1 ofthis Article or is described 

in paragraph 3 or 4 of this Article, has a Related Entity or branch that operates in a 

jurisdiction that prevents such Related Entity or branch from fulfilling the requirements of a 

participating FFI or deemed-compliant FFI for purposes of section 1471 ofthe U.S. Internal 

Revenue Code or has a Related Entity or branch that is treated as a Nonparticipating 

Financial Institution solely due to the expiration ofthe transitional rule for limited FFis and 

limited branches under relevant U.S. Treasury Regulations, such Antigua and Barbuda 

Financial Institution shall continue to be in compliance with the terms ofthis Agreement and 

shall continue to be treated as a deemed-compliant FFI or exempt beneficial owner, as 

appropriate, for purposes of section 1471 of the U.S. Internal Revenue Code, provided that: 

a) 	 the Antigua and Barbuda Financial Institution treats each such Related Entity 

or branch as a separate Nonparticipating Financial Institution for purposes of 

all the reporting and withholding requirements ofthis Agreement and each 

such Related Entity or branch identifies itself to withholding agents as a 

Nonparticipating Financial Institution; 

b) 	 each such Related Entity or branch identifies its U.S. accounts and reports the 

information with respect to those accounts as required under section 1471 of 

11 

the U.S. Internal Revenue Code to the extent permitted under the relevant laws 

pertaining to the Related Entity or branch; and 

c) 	 such Related Entity or branch does not specifically solicit U.S. accounts held 

by persons that are not resident in the jurisdiction where such Related Entity 

or branch is located or accounts held by Nonparticipating Financial 

Institutions that are not established in the jurisdiction where such Related 

Entity or branch is located, and such Related Entity or branch is not used by 

the Antigua and Barbuda Financial Institution or any other Related Entity to 

circumvent the obligations under this Agreement or under section 1471 ofthe 

U.S. Internal Revenue Code, as appropriate. 

6. Coordination of Timing. Notwithstanding paragraphs 3 and 5 ofArticle 3 ofthis 

Agreement: 

a) 	 Antigua and Barbuda shall not be obligated to obtain and exchange 

information with respect to a calendar year that is prior to the calendar year 

with respect to which similar information is required to be reported to the IRS 

by participating FFis pursuant to relevant U.S. Treasury Regulations; and 

b) 	 Antigua and Barbuda shall not be obligated to begin exchanging information 

prior to the date by which participating FFis are required to report similar 

information to the IRS under relevant U.S. Treasury Regulations. 

7. Coordination of Definitions with U.S. Treasury Regulations. Notwithstanding 

Article 1 of this Agreement and the definitions provided in the Annexes to this Agreement, in 

implementing this Agreement, Antigua and Barbuda may use, and may permit Antigua and 

Barbuda Financial Institutions to use, a definition in relevant U.S. Treasury Regulations in 

lieu of a corresponding definition in this Agreement, provided that such application would 

not frustrate the purposes ofthis Agreement. 

Article 5 


Collaboration on Compliance and Enforcement 


1. General Inquiries. Subject to any further terms set forth in a competent authority 

agreement concluded pursuant to paragraph 6 ofArticle 3 ofthis Agreement, the U.S. 

Competent Authority may make follow-up requests to the Antigua and Barbuda Competent 

Authority, pursuant to which the Antigua and Barbuda Competent Authority shall obtain and 

provide additional information with respect to a U.S. Reportable Account, including the 

account statements prepared in the ordinary course of a Reporting Antigua and Barbuda 

Financial Institution's business that summarize the activity (including withdrawals, transfers, 

and closures) ofthe U.S. Reportable Account. 

2. Minor and Administrative Errors. The U.S. Competent Authority shall notify the 

Antigua and Barbuda Competent Authority when the U.S. Competent Authority has reason to 

believe that administrative errors or other minor errors may have led to incorrect or 

incomplete information reporting or resulted in other infringements of this Agreement. The 

Antigua and Barbuda Competent Authority shall apply its domestic law (including applicable 

penalties) to obtain corrected and/or complete information or to resolve other infringements 

of this Agreement. 

12 

3. 	 Significant Non-Compliance. 

a) 	 The U.S. Competent Authority shall notify the Antigua and Barbuda 

Competent Authority when the U.S. Competent Authority has determined that 

there is significant non-compliance with the obligations under this Agreement 

with respect to a Reporting Antigua and Barbuda Financial Institution. The 

Antigua and Barbuda Competent Authority shall apply its domestic law 

(including applicable penalties) to address the significant non-compliance 

described in the notice. 

b) 	 Ifsuch enforcement actions do not resolve the non-compliance within a period 

of 18 months after notification of significant non-compliance is first provided 

by the U.S. Competent Authority, the United States shall treat the Reporting 

Antigua and Barbuda Financial Institution as a Nonparticipating Financial 

Institution pursuant to this subparagraph 3(b ). 

4. Reliance on Third Party Service Providers. Antigua and Barbuda may allow 

Reporting Antigua and Barbuda Financial Institutions to use third party service providers to 

fulfill the obligations imposed on such Reporting Antigua and Barbuda Financial Institutions 

by Antigua and Barbuda, as contemplated in this Agreement, but these obligations shall 

remain the responsibility ofthe Reporting Antigua and Barbuda Financial Institutions. 

5. Prevention ofAvoidance. Antigua and Barbuda shall implement as necessary 

requirements to prevent Financial Institutions from adopting practices intended to circumvent 

the reporting required under this Agreement. 

Article 6 


Mutual Commitment to Continue to Enhance the Effectiveness of Information 


Exchange and Transparency 


1. Treatment of Passthru Payments and Gross Proceeds. The Parties are committed 

to work together, along with Partner Jurisdictions, to develop a practical and effective 

alternative approach to achieve the policy objectives of foreign passthru payment and gross 

proceeds withholding that minimizes burden. 

2. Documentation ofAccounts Maintained as of June 30, 2014. With respect to U.S. 

Reportable Accounts maintained by a Reporting Antigua and Barbuda Financial Institution as 

of June 30, 2014, Antigua and Barbuda commits to establish, by January 1, 2017, for 

reporting with respect to 2017 and subsequent years, rules requiring Reporting Antigua and 

Barbuda Financial Institutions to obtain the U.S. TIN of each Specified U.S. Person as 

required pursuant to subparagraph 2(a) ofArticle 2 ofthis Agreement. 

Article 7 


Consistency in the Application of FATCA to Partner Jurisdictions 


1. Antigua and Barbuda shall be granted the benefit of any more favorable terms under 

Article 4 or Annex I ofthis Agreement relating to the application of FATCA to Antigua and 

Barbuda Financial Institutions afforded to another Partner Jurisdiction under a signed 

bilateral agreement pursuant to which the other Partner Jurisdiction commits to undertake the 

13 

same obligations as Antigua and Barbuda described in Articles 2 and 3 of this Agreement, 

and subject to the same terms and conditions as described therein and in Articles 5, 6, 7, 10 

and 11 of this Agreement. 

2. The United States shall notify Antigua and Barbuda of any such more favorable terms, 

and such more favorable terms shall apply automatically under this Agreement as if such 

terms were specified in this Agreement and effective as of the date of signing ofthe 

agreement incorporating the more favorable terms, unless Antigua and Barbuda declines in 

writing the application thereof. 

Article 8 


Mutual Agreement Procedure 


1. Where difficulties or doubts arise between the Parties regarding the implementation, 

application, or interpretation of this Agreement, the Competent Authorities shall endeavor to 

resolve the matter by mutual agreement. 

2. The Competent Authorities may adopt and implement procedures to facilitate the 

implementation of this Agreement. 

3. The Competent Authorities may communicate with each other directly for purposes of 

reaching a mutual agreement under this Article. 

Article 9 


Confidentiality 


1. The Antigua and Barbuda Competent Authority shall treat any information received 

from the United States pursuant to Article 5 of this Agreement as confidential and shall only 

disclose such information as may be necessary to carry out its obligations under this 

Agreement. Such information may be disclosed in connection with court proceedings related 

to the performance ofthe obligations of Antigua and Barbuda under this Agreement. 

2. Information provided to the U.S. Competent Authority pursuant Articles 2 and 5 of 

this Agreement shall be treated as confidential and may be disclosed only to persons or 

authorities (including courts and administrative bodies) of the Government of the United 

States concerned with the assessment, collection, or administration of, the enforcement or 

prosecution in respect of, or the determination of appeals in relation to, U.S. federal taxes, or 

the oversight of such functions. Such persons or authorities shall use such information only 

for such purposes. Such persons may disclose the information in public court proceedings or 

in judicial decisions. The information may not be disclosed to any other person, entity, 

authority, or jurisdiction. Notwithstanding the foregoing, where Antigua and Barbuda 

provides prior, written consent, the information may be used for purposes permitted under the 

provisions of a mutual legal assistance treaty in force between the Parties that allows for the 

exchange of tax information. 

Article 10 


Consultations and Amendments 


1. In case any difficulties in the implementation of this Agreement arise, either Party 

may, independently ofthe mutual agreement procedure described in paragraph 1 of Article 8 

14 

of this Agreement, request consultations to develop appropriate measures to ensure the 

fulfillment of this Agreement. 

2. This Agreement may be amended by written mutual agreement of the Parties. Unless 

otherwise agreed upon, such an amendment shall enter into force through the same 

procedures as set forth in paragraph I of Article 12 ofthis Agreement. 

Article 11 


Annexes 


The Annexes form an integral part of this Agreement. 

Article 12 


Term ofAgreement 


I. This Agreement shall enter into force on the date of Antigua and Barbuda's written 

notification to the United States that Antigua and Barbuda has completed its necessary 

internal procedures for entry into force of this Agreement. 

2. Either Party may terminate this Agreement by giving notice oftermination in writing 

to the other Party. Such termination shall become effective on the first day of the month 

following the expiration of a period of 12 months after the date of the notice of termination. 

3. The Parties shall, prior to December 31, 2018, consult in good faith to amend this 

Agreement as necessary to reflect progress on the commitments set forth in Article 6 of this 

Agreement. 

4. Ifthis Agreement is terminated, both Parties shall remain bound by the provisions of 

Article 9 of this Agreement with respect to any information obtained under this Agreement. 

In witness whereof, the undersigned, being duly authorized thereto by their respective 

Governments, have signed this Agreement. 

Done at US Embassy Bridgetown, Barbados, the 12th day of October, 2016, and at St. Johns, 

Antigua and Barbuda, the\'\~ay of October, 2016, in duplicate, in the English language. 

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF 

UNITED STATES OF AMERICA: ANTIGUA A BARBUDA: 

\ .9 9-e.-S. ~*c52--=(,,_ e­

~ 

15 

ANNEX I 


DUE DILIGENCE OBLIGATIONS FOR IDENTIFYING AND REPORTING ON U.S. 


REPORTABLE ACCOUNTS AND ON PAYMENTS TO CERTAIN 


NONPARTICIPATING FINANCIAL INSTITUTIONS 


I. General. 

A. Antigua and Barbuda shall require that Reporting Antigua and Barbuda 

Financial Institutions apply the due diligence procedures contained in this Annex I to 

identify U.S. Reportable Accounts and accounts held by Nonparticipating Financial 

Institutions. 

B. For purposes of the Agreement, 

1. All dollar amounts are in U.S. dollars and shall be read to include the 

equivalent in other currencies. 

2. Except as otherwise provided herein, the balance or value of an 

account shall be determined as of the last day of the calendar year or other 

appropriate reporting period. 

3. Where a balance or value threshold is to be determined as of June 30, 

2014 under this Annex I, the relevant balance or value shall be determined as 

of that day or the last day of the reporting period ending immediately before 

June 30, 2014, and where a balance or value threshold is to be determined as 

of the last day of a calendar year under this Annex I, the relevant balance or 

value shall be determined as of the last day of the calendar year or other 

appropriate reporting period. 

4. Subject to subparagraph E(l) of section II of this Annex I, an account 

shall be treated as a U.S. Reportable Account beginning as of the date it is 

identified as such pursuant to the due diligence procedures in this Annex I. 

5. Unless otherwise provided, information with respect to a U.S. 

Reportable Account shall be reported annually in the calendar year following 

the year to which the information relates. 

C. As an alternative to the procedures described in each section of this Annex I, 

Antigua and Barbuda may permit Reporting Antigua and Barbuda Financial 

Institutions to rely on the procedures described in relevant U.S. Treasury Regulations 

to establish whether an account is a U.S. Reportable Account or an account held by a 

Nonparticipating Financial Institution. Antigua and Barbuda may permit Reporting 

Antigua and Barbuda Financial Institutions to make such election separately for each 

section of this Annex I either with respect to all relevant Financial Accounts or, 

separately, with respect to any clearly identified group of such accounts (such as by 

line of business or the location of where the account is maintained). 

II. Preexisting Individual Accounts. The following rules and procedures apply for 

purposes of identifying U.S. Reportable Accounts among Preexisting Accounts held by 

Annex I - 1 
individuals ("Preexisting Individual Accounts"). 

A. Accounts Not Required to Be Reviewed, Identified, or Reported. Unless 

the Reporting Antigua and Barbuda 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 Antigua 

and Barbuda 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 ofJune 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 ofAntigua 

and Barbuda 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 ofAntigua and Barbuda requires reporting or 

withholding with respect to insurance products held by residents ofAntigua 

and Barbuda). 

4. A Depository Account with a balance of $50,000 or less. 

B. Review Procedures for Preexisting Individual Accounts With a Balance or 

Value as of June 30, 2014, that Exceeds $50,000 ($250,000 for a Cash Value 

Insurance Contract or Annuity Contract), But Does Not Exceed $1,000,000 

("Lower Value Accounts"). 

1. Electronic Record Search. The Reporting Antigua and Barbuda 

Financial Institution must review electronically searchable data maintained by 

the Reporting Antigua and Barbuda 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 

Annex I - 2 
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 Antigua and Barbuda 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. Ifnone of the U.S. indicia listed in subparagraph B(l) ofthis 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 ofthis section. 

3. Ifany ofthe U.S. indicia listed in subparagraph B(l) ofthis 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 Antigua and Barbuda 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 ofthe exceptions in such subparagraph applies with 

respect to that account. 

4. Notwithstanding a finding of U.S. indicia under subparagraph B(l) of 

this section, a Reporting Antigua and Barbuda 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 ofbirth, the Reporting Antigua and Barbuda 

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 ofthe Account Holder's Certificate ofLoss of 

Nationality ofthe 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 

Annex I - 3 
(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 Antigua and Barbuda 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 Antigua and Barbuda 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 ofattorney 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 Antigua 

and Barbuda 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. Additional Procedures Applicable to Preexisting Individual Accounts 

That Are Lower Value Accounts. 

Annex I - 4 
1. Review of Preexisting Individual Accounts that are Lower Value 

Accounts for U.S. indicia must be completed by June 30, 2016. 

2. Ifthere 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(l) of this section being associated 

with the account, then the Reporting Antigua and Barbuda 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. Enhanced Review Procedures for Preexisting Individual Accounts With a 

Balance or Value That Exceeds $1,000,000 as of June 30, 2014, or December 31 of 

2015 or Any Subsequent Year ("High Value Accounts"). 

1. Electronic Record Search. The Reporting Antigua and Barbuda 

Financial Institution must review electronically searchable data maintained by 

the Reporting Antigua and Barbuda Financial Institution for any of the U.S. 

indicia described in subparagraph B(l) of this section. 

2. Paper Record Search. Ifthe Reporting Antigua and Barbuda 

Financial Institution's electronically searchable databases include fields for, 

and capture all of the information described in, subparagraph 0(3) of this 

section, then no further paper record search is required. Ifthe electronic 

databases do not capture all of this information, then with respect to a High 

Value Account, the Reporting Antigua and Barbuda 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 Antigua and Barbuda 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 

Antigua and Barbuda 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. 

Annex I - 5 
3. Exception Where Databases Contain Sufficient Information. A 

Reporting Antigua and Barbuda Financial Institution is not required to perform 

the paper record search described in subparagraph D(2) ofthis section ifthe 

Reporting Antigua and Barbuda 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 Antigua and Barbuda Financial 

Institution; 

c) The Account Holder's telephone number(s) currently on file, if 

any, with the Reporting Antigua and Barbuda 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 Antigua and Barbuda 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. Relationship Manager Inquiry for Actual Knowledge. In addition 

to the electronic and paper record searches described above, the Reporting 

Antigua and Barbuda 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. Effect of Finding U.S. Indicia. 

a) Ifnone ofthe U.S. indicia listed in subparagraph B(l) ofthis 

section are discovered in the enhanced review ofHigh 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) Ifany ofthe U.S. indicia listed in subparagraph B(l) ofthis 

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 Antigua and Barbuda Financial Institution 

must treat the account as a U.S. Reportable Account unless it elects to 

Annex I - 6 
apply subparagraph B(4) ofthis section and one ofthe exceptions in 

such subparagraph applies with respect to that account. 

c) Except for Depository Accounts described in subparagraph 

A(4) ofthis 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. Additional Procedures Applicable to High Value Accounts. 

I. Ifa Preexisting Individual Account is a High Value Account as of June 

30, 2014, the Reporting Antigua and Barbuda Financial Institution must 

complete the enhanced review procedures described in paragraph D ofthis 

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 Antigua and Barbuda 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 Antigua and Barbuda 

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. Ifa Preexisting Individual Account is not a High Value Account as of 

June 30, 2014, but becomes a High Value Account as ofthe last day of 2015 or 

any subsequent calendar year, the Reporting Antigua and Barbuda Financial 

Institution must complete the enhanced review procedures described in 

paragraph D ofthis section with respect to such account within six months 

after the last day ofthe calendar year in which the account becomes a High 

Value Account. Ifbased on this review such account is identified as a U.S. 

Reportable Account, the Reporting Antigua and Barbuda 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 Antigua and Barbuda Financial Institution applies 

the enhanced review procedures described in paragraph D ofthis section to a 

High Value Account, the Reporting Antigua and Barbuda 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. Ifthere 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(I) ofthis section being associated with the account, then the Reporting 

Antigua and Barbuda Financial Institution must treat the account as a U.S. 

Reportable Account unless it elects to apply subparagraph B(4) of this section 

Annex I - 7 
and one of the exceptions in such subparagraph applies with respect to that 

account. 

5. A Reporting Antigua and Barbuda 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 Antigua and Barbuda 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. Preexisting Individual Accounts That Have Been Documented for Certain 

Other Purposes. A Reporting Antigua and Barbuda 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 ofTitle 26 of the United States Code, is not required to perform the 

procedures described in subparagraph B(l) ofthis section with respect to Lower Value 

Accounts or subparagraphs D(l) through 0(3) of this section with respect to High 

Value Accounts. 

III. New Individual Accounts. The following rules and procedures apply for purposes 

of identifying U.S. Reportable Accounts among Financial Accounts held by individuals and 

opened on or after July I, 2014 ("New Individual Accounts"). 

A. Accounts Not Required to Be Reviewed, Identified, or Reported. Unless 

the Reporting Antigua and Barbuda Financial Institution elects otherwise, either with 

respect to all New Individual Accounts or, separately, with respect to any clearly 

identified group of such accounts, where the implementing rules in Antigua and 

Barbuda provide for such an election, the following New Individual Accounts are not 

required to be reviewed, identified, or reported as U.S. Reportable Accounts: 

I. A Depository Account unless the account balance exceeds $50,000 at 

the end of any calendar year or other appropriate reporting period. 

2. A Cash Value Insurance Contract unless the Cash Value exceeds 

$50,000 at the end of any calendar year or other appropriate reporting period. 

B. Other New Individual Accounts. With respect to New Individual Accounts 

not described in paragraph A ofthis section, upon account opening (or within 90 days 

after the end ofthe calendar year in which the account ceases to be described in 

paragraph A of this section), the Reporting Antigua and Barbuda Financial Institution 

must obtain a self-certification, which may be part of the account opening 

documentation, that allows the Reporting Antigua and Barbuda Financial Institution 

to determine whether the Account Holder is resident in the United States for tax 

purposes (for this purpose, a U.S. citizen is considered to be resident in the United 

States for tax purposes, even if the Account Holder is also a tax resident of another 

jurisdiction) and confirm the reasonableness of such self-certification based on the 

information obtained by the Reporting Antigua and Barbuda Financial Institution in 

Annex I - 8 
connection with the opening ofthe account, including any documentation collected 

pursuant to AML/KYC Procedures. 

1. Ifthe self-certification establishes that the Account Holder is resident 

in the United States for tax purposes, the Reporting Antigua and Barbuda 

Financial Institution must treat the account as a U.S. Reportable Account and 

obtain a self-certification that includes the Account Holder's U.S. TIN (which 

may be an IRS Form W-9 or other similar agreed form). 

2. Ifthere is a change of circumstances with respect to a New Individual 

Account that causes the Reporting Antigua and Barbuda Financial Institution 

to know, or have reason to know, that the original self-certification is incorrect 

or unreliable, the Reporting Antigua and Barbuda Financial Institution cannot 

rely on the original self-certification and must obtain a valid self-certification 

that establishes whether the Account Holder is a U.S. citizen or resident for 

U.S. tax purposes. Ifthe Reporting Antigua and Barbuda Financial Institution 

is unable to obtain a valid self-certification, the Reporting Antigua and 

Barbuda Financial Institution must treat the account as a U.S. Reportable 

Account. 

IV. Preexisting Entitv Accounts. The following rules and procedures apply for purposes 

of identifying U.S. Reportable Accounts and accounts held by Nonparticipating Financial 

Institutions among Preexisting Accounts held by Entities ("Preexisting Entity Accounts"). 

A. Entity Accounts Not Required to Be Reviewed, Identified or Reported. 

Unless the Reporting Antigua and Barbuda Financial Institution elects otherwise, 

either with respect to all Preexisting Entity Accounts or, separately, with respect to 

any clearly identified group of such accounts, where the implementing rules in 

Antigua and Barbuda provide for such an election, a Preexisting Entity Account with 

an account balance or value that does not exceed $250,000 as of June 30, 2014, is not 

required to be reviewed, identified, or reported as a U.S. Reportable Account until the 

account balance or value exceeds $1,000,000. 

B. . Entity Accounts Subject to Review. A Preexisting Entity Account that has 

an account balance or value that exceeds $250,000 as ofJune 30, 2014, and a 

Preexisting Entity Account that does not exceed $250,000 as ofJune 30, 2014 but the 

account balance or value of which exceeds $1,000,000 as ofthe last day of 2015 or 

any subsequent calendar year, must be reviewed in accordance with the procedures set 

forth in paragraph D of this section. 

C. Entity Accounts With Respect to Which Reporting Is Required. With 

respect to Preexisting Entity Accounts described in paragraph B ofthis section, only 

accounts that are held by one or more Entities that are Specified U.S. Persons, or by 

Passive NFFEs with one or more Controlling Persons who are U.S. citizens or 

residents, shall be treated as U.S. Reportable Accounts. In addition, accounts held by 

Nonparticipating Financial Institutions shall be treated as accounts for which 

aggregate payments as described in subparagraph 1 (b) ofArticle 4 ofthe Agreement 

are reported to the Antigua and Barbuda Competent Authority. 

D. Review Procedures for Identifying Entity Accounts With Respect to 

Annex I - 9 
Which Reporting Is Required. For Preexisting Entity Accounts described in 

paragraph B of this section, the Reporting Antigua and Barbuda Financial Institution 

must apply the following review procedures to determine whether the account is held 

by one or more Specified U.S. Persons, by Passive NFFEs with one or more 

Controlling Persons who are U.S. citizens or residents, or by Nonparticipating 

Financial Institutions: 

1. Determine Whether the Entity Is a Specified U.S. Person. 

a) Review information maintained for regulatory or customer 

relationship purposes (including information collected pursuant to 

AML/KYC Procedures) to determine whether the information 

indicates that the Account Holder is a U.S. Person. For this purpose, 

information indicating that the Account Holder is a U.S. Person 

includes a U.S. place of incorporation or organization, or a U.S. 

address. 

b) Ifthe information indicates that the Account Holder is a U.S. 

Person, the Reporting Antigua and Barbuda Financial Institution must 

treat the account as a U.S. Reportable Account unless it obtains a selfcertification from the Account Holder (which may be on an IRS Form 

W-8 or W-9, or a similar agreed form), or reasonably determines based 

on information in its possession or that is publicly available, that the 

Account Holder is not a Specified U.S. Person. 

2. Determine Whether a Non-U.S. Entity Is a Financial Institution. 

a) Review information maintained for regulatory or customer 

relationship purposes (including information collected pursuant to 

AML/KYC Procedures) to determine whether the information 

indicates that the Account Holder is a Financial Institution. 

b) Ifthe information indicates that the Account Holder is a 

Financial Institution, or the Reporting Antigua and Barbuda Financial 

Institution verifies the Account Holder's Global Intermediary 

Identification Number on the published IRS FFI list, then the account 

is not a U.S. Reportable Account. 

3. Determine Whether a Financial Institution Is a Nonparticipating 

Financial Institution Payments to Which Are Subject to Aggregate 

Reporting Under Subparagraph l(b) ofArticle 4 of the Agreement. 

a) Subject to subparagraph D(3)(b) of this section, a Reporting 

Antigua and Barbuda Financial Institution may determine that the 

Account Holder is an Antigua and Barbuda Financial Institution or 

other Partner Jurisdiction Financial Institution if the Reporting Antigua 

and Barbuda Financial Institution reasonably determines that the 

Account Holder has such status on the basis of the Account Holder's 

Global Intermediary Identification Number on the published IRS FFI 

list or other information that is publicly available or in the possession 

Annex I - 10 
ofthe Reporting Antigua and Barbuda Financial Institution, as 

applicable. In such case, no further review, identification, or reporting 

is required with respect to the account. 

b) Ifthe Account Holder is an Antigua and Barbuda Financial 

Institution or other Partner Jurisdiction Financial Institution treated by 

the IRS as a Nonparticipating Financial Institution, then the account is 

not a U.S. Reportable Account, but payments to the Account Holder 

must be reported .as contemplated in subparagraph I (b) ofArticle 4 of 

the Agreement. 

c) Ifthe Account Holder is not an Antigua and Barbuda Financial 

Institution or other Partner Jurisdiction Financial Institution, then the 

Reporting Antigua and Barbuda Financial Institution must treat the 

Account Holder as a Nonparticipating Financial Institution payments 

to which are reportable under subparagraph l(b) ofArticle 4 of the 

Agreement, unless the Reporting Antigua and Barbuda Financial 

Institution: 

(I) Obtains a self-certification (which may be on an IRS 

Form W-8 or similar agreed form) from the Account Holder 

that it is a certified deemed-compliant FFI, or an exempt 

beneficial owner, as those terms are defined in relevant U.S. 

Treasury Regulations; or 

(2) In the case of a participating FFI or registered deemedcompliant FFI, verifies the Account Holder's Global 

Intermediary Identification Number on the published IRS FFI 

list. 

4. Determine Whether an Account Held by an NFFE Is a U.S. 

Reportable Account. With respect to an Account Holder of a Preexisting 

Entity Account that is not identified as either a U.S. Person or a Financial 

Institution, the Reporting Antigua and Barbuda Financial Institution must 

identify (i) whether the Account Holder has Controlling Persons, (ii) whether 

the Account Holder is a Passive NFFE, and (iii) whether any of the 

Controlling Persons ofthe Account Holder is a U.S. citizen or resident. In 

making these determinations the Reporting Antigua and Barbuda Financial 

Institution must follow the guidance in subparagraphs D(4)(a) through D(4)(d) 

of this section in the order most appropriate under the circumstances. 

a) For purposes of determining the Controlling Persons of an 

Account Holder, a Reporting Antigua and Barbuda Financial 

Institution may rely on infonnation collected and maintained pursuant 

to AML/KYC Procedures. 

b) For purposes of determining whether the Account Holder is a 

Passive NFFE, the Reporting Antigua and Barbuda Financial 

Institution must obtain a self-certification (which may be on an IRS 

Form W-8 or W-9, or on a similar agreed form) from the Account 

Annex I - 11 
Holder to establish its status, unless it has information in its possession 

or that is publicly available, based on which it can reasonably 

determine that the Account Holder is an Active NFFE. 

c) For purposes of determining whether a Controlling Person of a 

Passive NFFE is a U.S. citizen or resident for tax purposes, a 

Reporting Antigua and Barbuda Financial Institution may rely on: 

(1) Information collected and maintained pursuant to 

AML/KYC Procedures in the case of a Preexisting Entity 

Account held by one or more NFFEs with an account balance 

or value that does not exceed $1,000,000; or 

(2) A self-certification (which may be on an IRS Form W-8 

or W-9, or on a similar agreed form) from the Account Holder 

or such Controlling Person in the case of a Preexisting Entity 

Account held by one or more NFFEs with an account balance 

or value that exceeds $1,000,000. 

d) Ifany Controlling Person of a Passive NFFE is a U.S. citizen or 

resident, the account shall be treated as a U.S. Reportable Account. 

E. Timing of Review and Additional Procedures Applicable to Preexisting 

Entity Accounts. 

I. Review of Preexisting Entity Accounts with an account balance or 

value that exceeds $250,000 as of June 30, 2014 must be completed by June 

30, 2016. 

2. Review of Preexisting Entity Accounts with an account balance or 

value that does not exceed $250,000 as of June 30, 2014, but exceeds 

$1,000,000 as of December 31 of 2015 or any subsequent year, must be 

completed within six months after the last day ofthe calendar year in which 

the account balance or value exceeds $1,000,000. 

3. Ifthere is a change of circumstances with respect to a Preexisting 

Entity Account that causes the Reporting Antigua and Barbuda Financial 

Institution to know, or have reason to know, that the self-certification or other 

documentation associated with an account is incorrect or unreliable, the 

Reporting Antigua and Barbuda Financial Institution must redetermine the 

status of the account in accordance with the procedures set forth in paragraph 

D of this section. 

V. New Entity Accounts. The following rules and procedures apply for purposes of 

identifying U.S. Reportable Accounts and accounts held by Nonparticipating Financial 

Institutions among Financial Accounts held by Entities and opened on or after July I, 2014 

("New Entity Accounts"). 

A. Entity Accounts Not Required to Be Reviewed, Identified or Reported. 


Unless the Reporting Antigua and Barbuda Financial Institution elects otherwise, 


Annex I - 12 
either with respect to all New Entity Accounts or, separately, with respect to any 

clearly identified group of such accounts, where the implementing rules in Antigua 

and Barbuda provide for such election, a credit card account or a revolving credit 

facility treated as a New Entity Account is not required to be reviewed, identified, or 

reported, provided that the Reporting Antigua and Barbuda Financial Institution 

maintaining such account implements policies and procedures to prevent an account 

balance owed to the Account Holder that exceeds $50,000. 

B. Other New Entity Accounts. With respect to New Entity Accounts not 

described in paragraph A of this section, the Reporting Antigua and Barbuda Financial 

Institution must determine whether the Account Holder is: (i) a Specified U.S. 

Person; (ii) an Antigua and Barbuda Financial Institution or other Partner Jurisdiction 

Financial Institution; (iii) a participating FFI, a deemed-compliant FFI, or an exempt 

beneficial owner, as those terms are defined in relevant U.S. Treasury Regulations; or 

(iv) an Active NFFE or Passive NFFE. 

1. Subject to subparagraph B(2) ofthis section, a Reporting Antigua and 

Barbuda Financial Institution may determine that the Account Holder is an 

Active NFFE, an Antigua and Barbuda Financial Institution, or other Partner 

Jurisdiction Financial Institution if the Reporting Antigua and Barbuda 

Financial Institution reasonably determines that the Account Holder has such 

status on the basis of the Account Holder's Global Intermediary Identification 

Number or other information that is publicly available or in the possession of 

the Reporting Antigua and Barbuda Financial Institution, as applicable. 

2. Ifthe Account Holder is an Antigua and Barbuda Financial Institution 

or other Partner Jurisdiction Financial Institution treated by the IRS as a 

Nonparticipating Financial Institution, then the account is not a U.S. 

Reportable Account, but payments to the Account Holder must be reported as 

contemplated in subparagraph 1 (b) ofArticle 4 of the Agreement. 

3. In all other cases, a Reporting Antigua and Barbuda Financial 

Institution must obtain a self-certification from the Account Holder to 

establish the Account Holder's status. Based on the self-certification, the 

following rules apply: 

a) Ifthe Account Holder is a Specified U.S. Person, the Reporting 

Antigua and Barbuda Financial Institution must treat the account as a 

U.S. Reportable Account. 

b) Ifthe Account Holder is a Passive NFFE, the Reporting 

Antigua and Barbuda Financial Institution must identify the 

Controlling Persons as determined under AML/KYC Procedures, and 

must determine whether any such person is a U.S. citizen or resident 

on the basis of a self-certification from the Account Holder or such 

person. Ifany such person is a U.S. citizen or resident, the Reporting 

Antigua and Barbuda Financial Institution must treat the account as a 

U.S. Reportable Account. 

c) Ifthe Account Holder is: (i) a U.S. Person that is not a 

Annex I - 13 
Specified U.S. Person; (ii) subject to subparagraph B(3)(d) of this 

section, an Antigua and Barbuda Financial Institution or other Partner 

Jurisdiction Financial Institution; (iii) a participating FFI, a deemedcompliant FFI, or an exempt beneficial owner, as those terms are 

defined in relevant U.S. Treasury Regulations; (iv) an Active NFFE; or 

(v) a Passive NFFE none of the Controlling Persons of which is a U.S. 

citizen or resident, then the account is not a U.S. Reportable Account, 

and no reporting is required with respect to the account. 

d) Ifthe Account Holder is a Nonparticipating Financial 

Institution (including an Antigua and Barbuda Financial Institution or 

other Partner Jurisdiction Financial Institution treated by the IRS as a 

Nonparticipating Financial Institution), then the account is not a U.S. 

Reportable Account, but payments to the Account Holder must be 

reported as contemplated in subparagraph l(b) ofArticle 4 of the 

Agreement. 

VI. Special Rules and Definitions. The following additional rules and definitions apply 

in implementing the due diligence procedures described above: 

A. Reliance on Self-Certifications and Documentary Evidence. A Reporting 

Antigua and Barbuda Financial Institution may not rely on a self-certification or 

documentary evidence ifthe Reporting Antigua and Barbuda Financial Institution 

knows or has reason to know that the self-certification or documentary evidence is 

incorrect or unreliable. 

B. Definitions. The following definitions apply for purposes ofthis Annex I. 

1. 	 AML/KYC Procedures. "AML!KYC Procedures" means the customer 

due diligence procedures of a Reporting Antigua and Barbuda Financial 

Institution pursuant to the anti-money laundering or similar requirements 

ofAntigua and Barbuda to which such Reporting Antigua and Barbuda 

Financial Institution is subject. 

2. 	 NFFE. An "NFFE" means any Non-U.S. Entity that is not an FFI as 

defined in relevant U.S. Treasury Regulations or is an Entity described in 

subparagraph B(4)(j) of this section, and also includes any Non-U.S. 

Entity that is established in Antigua and Barbuda or another Partner 

Jurisdiction and that is not a Financial Institution. 

3. 	 Passive NFFE. A "Passive NFFE" means any NFFE that is not (i) an 

Active NFFE, or (ii) a withholding foreign partnership or withholding 

foreign trust pursuant to relevant U.S. Treasury Regulations. 

4. 	 Active NFFE. An "Active NFFE" means any NFFE that meets any ofthe 

following criteria: 

a) 	 Less than 50 percent of the NFFE's gross income for the preceding 

calendar year or other appropriate reporting period is passive 

income and less than 50 percent of the assets held by the NFFE 

Annex I - 14 
during the preceding calendar year or other appropriate reporting 

period are assets that produce or are held for the production of 

passive income; 

b) 	 The stock ofthe NFFE is regularly traded on an established 

securities market or the NFFE is a Related Entity of an Entity the 

stock of which is regularly traded on an established securities 

market; 

c) 	 The NFFE is organized in a U.S. Territory and all ofthe owners of 

the payee are bona fide residents ofthat U.S. Territory; 

d) 	 The NFFE is a government (other than the U.S. government), a 

political subdivision of such government (which, for the avoidance 

of doubt, includes a state, province, county, or municipality), or a 

public body performing a function of such government or a 

political subdivision thereof, a government of a U.S. Territory, an 

international organization, a non-U.S. central bank of issue, or an 

Entity wholly owned by one or more ofthe foregoing; 

e) 	 Substantially all of the activities ofthe NFFE consist of holding (in 

whole or in part) the outstanding stock of, or providing financing 

and services to, one or more subsidiaries that engage in trades or 

businesses other than the business of a Financial Institution, except 

that an entity shall not qualify for NFFE status ifthe entity 

functions (or holds itself out) as an investment fund, such as a 

private equity fund, venture capital fund, leveraged buyout fund, or 

any investment vehicle whose purpose is to acquire or fund 

companies and then hold interests in those companies as capital 

assets for investment purposes; 

f) 	 The NFFE is not yet operating a business and has no prior 

operating history, but is investing capital into assets with the intent 

to operate a business other than that of a Financial Institution, 

provided that the NFFE shall not qualify for this exception after the 

date that is 24 months after the date ofthe initial organization of 

the NFFE; 

g) 	 The NFFE was not a Financial Institution in the past five years, and 

is in the process of liquidating its assets or is reorganizing with the 

intent to continue or recommence operations in a business other 

than that of a Financial Institution; 

h) 	 The NFFE primarily engages in financing and hedging transactions 

with, or for, Related Entities that are not Financial Institutions, and 

does not provide financing or hedging services to any Entity that is 

not a Related Entity, provided that the group of any such Related 

Entities is primarily engaged in a business other than that of a 

Financial Institution; 

Annex I - 15 
i) 	 The NFFE is an "excepted NFFE" as described in relevant U.S. 

Treasury Regulations; or 

j) 	 The NFFE meets all of the following requirements: 

i. 	 It is established and operated in its jurisdiction of residence 

exclusively for religious, charitable, scientific, artistic, 

cultural, athletic, or educational purposes; or it is established 

and operated in its jurisdiction ofresidence and it is a 

professional organization, business league, chamber of 

commerce, labor organization, agricultural or horticultural 

organization, civic league or an organization operated 

exclusively for the promotion of social welfare; 

11. 	 It is exempt from income tax in its jurisdiction of residence; 

iii. 	 It has no shareholders or members who have a proprietary or 

beneficial interest in its income or assets; 

iv. 	 The applicable laws of the NFFE'sjurisdiction of residence 

or the NFFE's formation documents do not permit any 

income or assets of the NFFE to be distributed to, or applied 

for the benefit of, a private person or non-charitable Entity 

other than pursuant to the conduct of the NFFE's charitable 

activities, or as payment of reasonable compensation for 

services rendered, or as payment representing the fair market 

value of property which the NFFE has purchased; and 

v. 	 The applicable laws of the NFFE's jurisdiction ofresidence 

or the NFFE's formation documents require that, upon the 

NFFE's liquidation or dissolution, all of its assets be 

distributed to a governmental entity or other non-profit 

organization, or escheat to the government of the NFFE's 

jurisdiction of residence or any political subdivision thereof. 

5. 	 Preexisting Account. A "Preexisting Account" means a Financial 

Account maintained by a Reporting Antigua and Barbuda Financial 

Institution as of June 30, 2014. 

C. Account Balance Aggregation and Currency Translation Rules. 

1. Aggregation of Individual Accounts. For purposes of determining 

the aggregate balance or value of Financial Accounts held by an individual, a 

Reporting Antigua and Barbuda Financial Institution is required to aggregate 

all Financial Accounts maintained by the Reporting Antigua and Barbuda 

Financial Institution, or by a Related Entity, but only to the extent that the 

Reporting Antigua and Barbuda Financial Institution's computerized systems 

link the Financial Accounts by reference to a data element such as client 

number or taxpayer identification number, and allow account balances or 

values to be aggregated. Each holder of a jointly held Financial Account shall 

be attributed the entire balance or value of the jointly held Financial Account 

Annex I - 16 
for purposes of applying the aggregation requirements described in this 

paragraph 1. 

2. Aggregation of Entity Accounts. For purposes of determining the 

aggregate balance or value of Financial Accounts held by an Entity, a 

Reporting Antigua and Barbuda Financial Institution is required to take into 

account all Financial Accounts that are maintained by the Reporting Antigua 

and Barbuda Financial Institution, or by a Related Entity, but only to the 

extent that the Reporting Antigua and Barbuda Financial Institution's 

computerized systems link the Financial Accounts by reference to a data 

element such as client number or taxpayer identification number, and allow 

account balances or values to be aggregated. 

3. Special Aggregation Rule Applicable to Relationship Managers. 

For purposes of determining the aggregate balance or value of Financial 

Accounts held by a person to determine whether a Financial Account is a High 

Value Account, a Reporting Antigua and Barbuda Financial Institution is also 

required, in the case of any Financial Accounts that a relationship manager 

knows, or has reason to know, are directly or indirectly owned, controlled, or 

established (other than in a fiduciary capacity) by the same person, to 

aggregate all such accounts. 

4. Currency Translation Rule. For purposes of determining the balance 

or value of Financial Accounts denominated in a currency other than the U.S. 

dollar, a Reporting Antigua and Barbuda Financial Institution must convert the 

U.S. dollar threshold amounts described in this Annex I into such currency 

using a published spot rate determined as of the last day ofthe calendar year 

preceding the year in which the Reporting Antigua and Barbuda Financial 

Institution is determining the balance or value. 

D. Documentary Evidence. For purposes ofthis Annex I, acceptable 

documentary evidence includes any of the following: 

1. A certificate ofresidence issued by an authorized government body 

(for example, a government or agency thereof, or a municipality) ofthe 

jurisdiction in which the payee claims to be a resident. 

2. With respect to an individual, any valid identification issued by an 

authorized government body (for example, a government or agency thereof, or 

a municipality), that includes the individual's name and is typically used for 

identification purposes. 

3. With respect to an Entity, any official documentation issued by an 

authorized government body (for example, a government or agency thereof, or 

a municipality) that includes the name of the Entity and either the address of 

its principal office in the jurisdiction (or U.S. Territory) in which it claims to 

be a resident or the jurisdiction (or U.S. Territory) in which the Entity was 

incorporated or organized. 

4. With respect to a Financial Account maintained in a jurisdiction with 

Annex I - 17 
anti-money laundering rules that have been approved by the IRS in connection 

with a QI agreement (as described in relevant U.S. Treasury Regulations), any 

ofthe documents, other than a Form W-8 or W-9, referenced in the 

jurisdiction's attachment to the QI agreement for identifying individuals or 

Entities. 

5. Any financial statement, third-party credit report, bankruptcy filing, or 

U.S. Securities and Exchange Commission report. 

E. Alternative Procedures for Financial Accounts Held by Individual 

Beneficiaries of a Cash Value Insurance Contract. A Reporting Antigua and 

Barbuda Financial Institution may presume that an individual beneficiary (other than 

the owner) of a Cash Value Insurance Contract receiving a death benefit is not a 

Specified U.S. Person and may treat such Financial Account as other than a U.S. 

Reportable Account unless the Reporting Antigua and Barbuda Financial Institution 

has actual knowledge, or reason to know, that the beneficiary is a Specified U.S. 

Person. A Reporting Antigua and Barbuda Financial Institution has reason to know 

that a beneficiary of a Cash Value Insurance Contract is a Specified U.S. Person if the 

information collected by the Reporting Antigua and Barbuda Financial Institution and 

associated with the beneficiary contains U.S. indicia as described in subparagraph 

(B)(l) of section II ofthis Annex I. If a Reporting Antigua and Barbuda Financial 

Institution has actual knowledge, or reason to know, that the beneficiary is a Specified 

U.S. Person, the Reporting Antigua and Barbuda Financial Institution must follow the 

procedures in subparagraph B(3) of section II ofthis Annex I. 

F. Reliance on Third Parties. Regardless ofwhether an election is made under 

paragraph C of section I ofthis Annex I, Antigua and Barbuda may permit Reporting 

Antigua and Barbuda Financial Institutions to rely on due diligence procedures 

performed by third parties, to the extent provided in relevant U.S. Treasury 

Regulations. 

G. Alternative Procedures for New Accounts Opened Prior to Entry Into 

Force of this Agreement. 

1. Applicability. IfAntigua and Barbuda has provided a written notice 

to the United States prior to entry into force ofthis Agreement that, as of July 

1, 2014, Antigua and Barbuda lacked the legal authority to require Reporting 

Antigua and Barbuda Financial Institutions either: (i) to require Account 

Holders ofNew Individual Accounts to provide the self-certification specified 

in section III of this Annex I, or (ii) to perform all the due diligence 

procedures related to New Entity Accounts specified in section V ofthis 

Annex I, then Reporting Antigua and Barbuda Financial Institutions may 

apply the alternative procedures described in subparagraph G(2) of this 

section, as applicable, to such New Accounts, in lieu ofthe procedures 

otherwise required under this Annex I. The alternative procedures described 

in subparagraph G(2) ofthis section shall be available only for those New 

Individual Accounts or New Entity Accounts, as applicable, opened prior to 

the earlier of: (i) the date Antigua and Barbuda has the ability to compel 

Reporting Antigua and Barbuda Financial Institutions to comply with the due 

diligence procedures described in section III or section V ofthis Annex I, as 

Annex I - 18 
applicable, which date Antigua and Barbuda shall inform the United States of 

in writing by the date of entry into force ofthis Agreement, or (ii) the date of 

entry into force ofthis Agreement. Ifthe alternative procedures for New 

Entity Accounts opened on or after July 1, 2014, and before January 1, 2015, 

described in paragraph H of this section are applied with respect to all New 

Entity Accounts or a clearly identified group of such accounts, the alternative 

procedures described in this paragraph G may not be applied with respect to 

such New Entity Accounts. For all other New Accounts, Reporting Antigua 

and Barbuda Financial Institutions must apply the due diligence procedures 

described in section III or section V ofthis Annex I, as applicable, to 

determine if the account is a U.S. Reportable Account or an account held by a 

Nonparticipating Financial Institution. 

2. Alternative Procedures. 

a) Within one year after the date of entry into force ofthis 

Agreement, Reporting Antigua and Barbuda Financial Institutions 

must: (i) with respect to a New Individual Account described in 

subparagraph G(l) ofthis section, request the self-certification 

specified in section III of this Annex I and confirm the reasonableness 

of such self-certification consistent with the procedures described in 

section III ofthis Annex I, and (ii) with respect to a New Entity 

Account described in subparagraph G(l) ofthis section, perform the 

due diligence procedures specified in section V of this Annex I and 

request information as necessary to document the account, including 

any self-certification, required by section V ofthis Annex I. 

b) Antigua and Barbuda must report on any New Account that is 

identified pursuant to subparagraph G(2)(a) ofthis section as a U.S. 

Reportable Account or. as an account held by a Nonparticipating 

Financial Institution, as applicable, by the date that is the later of: (i) 

September 30 next following the date that the account is identified as a 

U.S. Reportable Account or as an account held by a Nonparticipating 

Financial Institution, as applicable, or (ii) 90 days after the account is 

identified as a U.S. Reportable Account or as an account held by a 

Nonparticipating Financial Institution, as applicable. The information 

required to be reported with respect to such a New Account is any 

information that would have been reportable under this Agreement if 

the New Account had been identified as a U.S. Reportable Account or 

as an account held by a Nonparticipating Financial Institution, as 

applicable, as of the date the account was opened. 

c) By the date that is one year after the date of entry into force of 

this Agreement, Reporting Antigua and Barbuda Financial Institutions 

must close any New Account described in subparagraph G(l) of this 

section for which it was unable to collect the required self-certification 

or other documentation pursuant to the procedures described in 

subparagraph G(2)(a) of this section. In addition, by the date that is 

one year after the date of entry into force ofthis Agreement, Reporting 

Antigua and Barbuda Financial Institutions must: (i) with respect to 

Annex I - 19 
such closed accounts that prior to such closure were New Individual 

Accounts (without regard to whether such accounts were High Value 

Accounts), perform the due diligence procedures specified in 

paragraph D of section II of this Annex I, or (ii) with respect to such 

closed accounts that prior to such closure were New Entity Accounts, 

perform the due diligence procedures specified in section IV ofthis 

Annex I. 

d) Antigua and Barbuda must report on any closed account that is 

identified pursuant to subparagraph G(2)(c) of this section as a U.S. 

Reportable Account or as an account held by a Nonparticipating 

Financial Institution, as applicable, by the date that is the later of: (i) 

September 30 next following the date that the account is identified as a 

U.S. Reportable Account or as an account held by a Nonparticipating 

Financial Institution, as applicable, or (ii) 90 days after the account is 

identified as a U.S. Reportable Account or as an account held by a 

Nonparticipating Financial Institution, as applicable. The information 

required to be reported for such a closed account is any information 

that would have been reportable under this Agreement if the account 

had been identified as a U.S. Reportable Account or as an account held 

by a Nonparticipating Financial Institution, as applicable, as of the date 

the account was opened. 

H. Alternative Procedures for New Entity Accounts Opened on or after July 

1, 2014, and before January l, 2015. For New Entity Accounts opened on or after 

July 1, 2014, and before January 1, 2015, either with respect to all New Entity 

Accounts or, separately, with respect to any clearly identified group of such accounts, 

Antigua and Barbuda may permit Reporting Antigua and Barbuda Financial 

Institutions to treat such accounts as Preexisting Entity Accounts and apply the due 

diligence procedures related to Preexisting Entity Accounts specified in section IV of 

this Annex I in lieu of the due diligence procedures specified in section V of this 

Annex I. In this case, the due diligence procedures of section IV of this Annex I must 

be applied without regard to the account balance or value threshold specified in 

paragraph A of section IV of this Annex I. 

Annex I - 20 
ANNEX II 


The following Entities shall be treated as exempt beneficial owners or deemed-compliant 


FFls, as the case may be, and the following accounts are excluded from the definition of 


Financial Accounts. 


This Annex II may be modified by a mutual written decision entered into between the 

Competent Authorities of Antigua and Barbuda and the United States: (1) to include 

additional Entities and accounts 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 and accounts described in 

this Annex II as of the date of signature of the Agreement; or (2) to remove Entities and 

accounts that, due to changes in circumstances, no longer present a low risk of being used by 

U.S. Persons to evade U.S. tax. Any such addition or removal shall be effective on the date 

of signature ofthe mutual decision, unless otherwise provided therein. Procedures for 

reaching such a mutual decision may be included in the mutual agreement or arrangement 

described in paragraph 6 of Article 3 of the Agreement. 

I. 	 Exempt Beneficial Owners_ other than Funds. The following Entities shall be treated 

as Non-Reporting Antigua and Barbuda Financial Institutions and as exempt beneficial 

owners for purposes of sections 1471 and 1472 of the U.S. Internal Revenue Code, other 

than with respect to a payment that is derived from an obligation held in connection with 

a commercial financial activity of a type engaged in by a Specified Insurance Company, 

Custodial Institution, or Depository Institution. 

A. 	 Governmental Entity. The government ofAntigua and Barbuda, any political 

subdivision of Antigua and Barbuda (which, for the avoidance of doubt, includes a 

state, province, county, or municipality), or any wholly owned agency or 

instrumentality of Antigua and Barbuda or any one or more ofthe foregoing (each, an 

"Antigua and Barbuda Governmental Entity"). This category is comprised ofthe 

integral parts, controlled entities, and political subdivisions ofAntigua and Barbuda. 

1. 	 An integral part of Antigua and Barbuda means any person, organization, agency, 

bureau, fund, instrumentality, or other body, however designated, that constitutes 

a governing authority of Antigua and Barbuda. The net earnings ofthe governing 

authority must be credited to its own account or to other accounts ofAntigua and 

Barbuda, with no portion inuring to the benefit of any private person. An integral 

part does not include any individual who is a sovereign, official, or administrator 

acting in a private or personal capacity. 

2. 	 A controlled entity means an Entity that is separate in form from Antigua and 

Barbuda or that otherwise constitutes a separate juridical entity, provided that: 

a) 	 The Entity is wholly owned and controlled by one or more Antigua and 

Barbuda Governmental Entities directly or through one or more controlled 

entities; 

b) 	 The Entity's net earnings are credited to its own account or to the accounts of 

one or more Antigua and Barbuda Governmental Entities, with no portion of 

its income inuring to the benefit of any private person; and 

Annex II - 1 
c) 	 The Entity's assets vest in one or more Antigua and Barbuda Governmental 

Entities upon dissolution. 

3. 	 Income does not inure to the benefit of private persons if such persons are the 

intended beneficiaries of a governmental program, and the program activities are 

performed for the general public with respect to the common welfare or relate to 

the administration of some phase of government. Notwithstanding the foregoing, 

however, income is considered to inure to the benefit of private persons if the 

income is derived from the use of a governmental entity to conduct a commercial 

business, such as a commercial banking business, that provides financial services 

to private persons. 

B. 	 International Organization. Any international organization or wholly owned 

agency or instrumentality thereof. This category includes any intergovernmental 

organization (including a supranational organization) (1) that is comprised primarily 

of non-U.S. governments; (2) that has in effect a headquarters agreement with 

Antigua and Barbuda; and (3) the income of which does not inure to the benefit of 

private persons. 

C. 	 Central Bank. An institution that is by law or government sanction the principal 

authority, other than the government of Antigua and Barbuda itself, issuing 

instruments intended to circulate as currency. Such an institution may include an 

instrumentality that is separate from the government of Antigua and Barbuda, whether 

or not owned in whole or in part by Antigua and Barbuda. 

II. 	 Funds that Qualify as Exempt Beneficial Owners. The following Entities shall be 

treated as Non-Reporting Antigua and Barbuda Financial Institutions and as exempt 

beneficial owners for purposes of sections 1471 and 1472 of the U.S. Internal Revenue 

Code. 

A. 	 Broad Participation Retirement Fund. A fund established in Antigua and Barbuda 

to provide retirement, disability, or death benefits, or any combination thereof, to 

beneficiaries that are current or former employees (or persons designated by such 

employees) of one or more employers in consideration for services rendered, provided 

that the fund: 

1. 	 Does not have a single beneficiary with a right to more than five percent of the 

fund's assets; 

2. 	 Is subject to government regulation and provides annual information reporting 

about its beneficiaries to the relevant tax authorities in Antigua and Barbuda; and 

3. 	 Satisfies at least one of the following requirements: 

a) 	 The fund is generally exempt from tax in Antigua and Barbuda on investment 

income under the laws of Antigua and Barbuda due to its status as a retirement 

or pension plan; 

b) 	 The fund receives at least 50 percent of its total contributions (other than 

transfers of assets from other plans described in paragraphs A through C of 

Annex II - 2 
this section or from retirement and pension accounts described in 

subparagraph A(l) of section V of this Annex II) from the sponsoring 

employers; 

c) 	 Distributions or withdrawals from the fund are allowed only upon the 

occurrence of specified events related to retirement, disability, or death 

(except rollover distributions to other retirement funds described in paragraphs 

A through C of this section or retirement and pension accounts described in 

subparagraph A(l) of section V of this Annex II), or penalties apply to 

distributions or withdrawals made before such specified events; or 

d) 	 Contributions (other than certain permitted make-up contributions) by 

employees to the fund are limited by reference to earned income of the 

employee or may not exceed $50,000 annually, applying the rules set forth in 

Annex I for account aggregation and currency translation. 

B. 	 Narrow Participation Retirement Fund. A fund established in Antigua and 

Barbuda to provide retirement, disability, or death benefits to beneficiaries that are 

current or former employees (or persons designated by such employees) of one or 

more employers in consideration for services rendered, provided that: 

1. 	 The fund has fewer than 50 participants; 

2. 	 The fund is sponsored by one or more employers that are not Investment Entities 

or Passive NFFEs; 

3. 	 The employee and employer contributions to the fund (other than transfers of 

assets from retirement and pension accounts described in subparagraph A(l) of 

section V of this Annex II) are limited by reference to earned income and 

compensation of the employee, respectively; 

4. 	 Participants that are not residents of Antigua and Barbuda are not entitled to more 

than 20 percent of the fund's assets; and 

5. 	 The fund is subject to government regulation and provides annual information 

reporting about its beneficiaries to the relevant tax authorities in Antigua and 

Barbuda. 

C. 	 Pension Fund of an Exempt Beneficial Owner. A fund established in Antigua and 

Barbuda by an exempt beneficial owner to provide retirement, disability, or death 

benefits to beneficiaries or participants that are current or former employees of the 

exempt beneficial owner (or persons designated by such employees), or that are not 

current or former employees, if the benefits provided to such beneficiaries or 

participants are in consideration of personal services performed for the exempt 

beneficial owner. 

D. 	 Investment Entity Wholly Owned by Exempt Beneficial Owners. An Entity that 

is an Antigua and Barbuda Financial Institution solely because it is an Investment 

Entity, provided that each direct holder of an Equity Interest in the Entity is an exempt 

beneficial owner, and each direct holder of a debt interest in such Entity is either a 

Annex II - 3 
Depository Institution (with respect to a loan made to such Entity) or an exempt 

beneficial owner. 

III. 	 Small or Limited Scope Financial Institutions that Qualify as Deemed-Compliant 

FFls. The following Financial Institutions are Non-Reporting Antigua and Barbuda 

Financial Institutions that shall be treated as deemed-compliant FFis for purposes of 

section 1471 of the U.S. Internal Revenue Code. 

A. 	 Financial Institution with a Local Client Base. A Financial Institution satisfying 

the following requirements: 

1. 	 The Financial Institution must be licensed and regulated as a financial institution 

under the laws of Antigua and Barbuda; 

2. 	 The Financial Institution must have no fixed place of business outside of Antigua 

and Barbuda. For this purpose, a fixed place of business does not include a 

location that is not advertised to the public and from which the Financial 

Institution performs solely administrative support functions; 

3. 	 The Financial Institution must not solicit customers or Account Holders outside 

Antigua and Barbuda. For this purpose, a Financial Institution shall not be 

considered to have solicited customers or Account Holders outside Antigua and 

Barbuda merely because the Financial Institution (a) operates a website, provided 

that the website does not specifically indicate that the Financial Institution 

provides Financial Accounts or services to nonresidents, and does not otherwise 

target or solicit U.S. customers or Account Holders, or (b) advertises in print 

media or on a radio or television station that is distributed or aired primarily 

within Antigua and Barbuda but is also incidentally distributed or aired in other 

countries, provided that the advertisement does not specifically indicate that the 

Financial Institution provides Financial Accounts or services to nonresidents, and 

does not otherwise target or solicit U.S. customers or Account Holders; 

4. 	 The Financial Institution must be required under the laws of Antigua and Barbuda 

to identify resident Account Holders for purposes of either information reporting 

or withholding oftax with respect to Financial Accounts held by residents or for 

purposes of satisfying Antigua and Barbuda's AML due diligence requirements; 

5. 	 At least 98 percent of the Financial Accounts by value maintained by the 

Financial Institution must be held by residents (including residents that are 

Entities) of Antigua and Barbuda; 

6. 	 By the later of July 1, 2014, or the date that the Financial Institution claims 

treatment as a deemed-compliant FFI pursuant to this paragraph A, the Financial 

Institution must have policies and procedures, consistent with those set forth in 

Annex I, to prevent the Financial Institution from providing a Financial Account 

to any Nonparticipating Financial Institution and to monitor whether the Financial 

Institution opens or maintains a Financial Account for any Specified U.S. Person 

who is not a resident of Antigua and Barbuda (including a U.S. Person that was a 

resident of Antigua and Barbuda when the Financial Account was opened but 

subsequently ceases to be a resident of Antigua and Barbuda) or any Passive 

Annex II - 4 
NFFE with Controlling Persons who are U.S. residents or U.S. citizens who are 

not residents of Antigua and Barbuda; 

7. 	 Such policies and procedures must provide that if any Financial Account held by a 

Specified U.S. Person who is not a resident of Antigua and Barbuda or by a 

Passive NFFE with Controlling Persons who are U.S. residents or U.S. citizens 

who are not residents of Antigua and Barbuda is identified, the Financial 

Institution must report such Financial Account as would be required ifthe 

Financial Institution were a Reporting Antigua and Barbuda Financial Institution 

(including by following the applicable registration requirements on the IRS 

FA TCA registration website) or close such Financial Account; 

8. 	 With respect to a Preexisting Account held by an individual who is not a resident 

of Antigua and Barbuda or by an Entity, the Financial Institution must review 

those Preexisting Accounts in accordance with the procedures set forth in Annex I 

applicable to Preexisting Accounts to identify any U.S. Reportable Account or 

Financial Account held by a Nonparticipating Financial Institution, and must 

report such Financial Account as would be required if the Financial Institution 

were a Reporting Antigua and Barbuda Financial Institution (including by 

following the applicable registration requirements on the IRS FA TCA registration 

website) or close such Financial Account; 

9. 	 Each Related Entity of the Financial Institution that is a Financial Institution 

must be incorporated or organized in Antigua and Barbuda and, with the 

exception of any Related Entity that is a retirement fund described in paragraphs 

A through C of section II of this Annex II, satisfy the requirements set forth in 

this paragraph A; and 

10. 	The Financial Institution must not have policies or practices that discriminate 

against opening or maintaining Financial Accounts for individuals who are 

Specified U.S. Persons and residents of Antigua and Barbuda. 

B. 	 Local Bank. A Financial Institution satisfying the following requirements: 

1. 	 The Financial Institution operates solely as (and is licensed and regulated under 

the laws of Antigua and Barbuda as) (a) a bank or (b) a credit union or similar 

cooperative credit organization that is operated without profit; 

2. 	 The Financial Institution's business consists primarily of receiving deposits from 

and making loans to, with respect to a bank, unrelated retail customers and, with 

respect to a credit union or similar cooperative credit organization, members, 

provided that no member has a greater than five percent interest in such credit 

union or cooperative credit organization; 

3. 	 The Financial Institution satisfies the requirements set forth in subparagraphs A(2) 

and A(3) of this section, provided that, in addition to the limitations on the website 

described in subparagraph A(3) of this section, the website does not permit the 

opening of a Financial Account; 

Annex II - 5 
4. 	 The Financial Institution does not have more than $175 million in assets on its 

balance sheet, and the Financial Institution and any Related Entities, taken 

together, do not have more than $500 million in total assets on their consolidated 

or combined balance sheets; and 

5. 	 Any Related Entity must be incorporated or organized in Antigua and Barbuda, 

and any Related Entity that is a Financial Institution, with the exception of any 

Related Entity that is a retirement fund described in paragraphs A through C of 

section II of this Annex II or a Financial Institution with only low-value accounts 

described in paragraph C of this section, must satisfy the requirements set forth in 

this paragraph B. 

C. 	 Financial Institution with Only Low-Value Accounts. An Antigua and Barbuda 

Financial Institution satisfying the following requirements: 

I. 	 The Financial Institution is not an Investment Entity; 

2. 	 No Financial Account maintained by the Financial Institution or any Related 

Entity has a balance or value in excess of $50,000, applying the rules set forth in 

Annex I for account aggregation and currency translation; and 

3. 	 The Financial Institution does not have more than $50 million in assets on its 

balance sheet, and the Financial Institution and any Related Entities, taken 

together, do not have more than $50 million in total assets on their consolidated or 

combined balance sheets. 

D. 	 Qualified Credit Card Issuer. An Antigua and Barbuda Financial Institution 

satisfying the following requirements: 

1. 	 The Financial Institution is a Financial Institution solely because it is an issuer of 

credit cards that accepts deposits only when a customer makes a payment in 

excess of a balance due with respect to the card and the overpayment is not 

immediately returned to the customer; and 

2. 	 By the later of July I, 2014, or the date the Financial Institution claims treatment 

as a deemed-compliant FFI pursuant to this paragraph D, the Financial Institution 

implements policies and procedures to either prevent a customer deposit in excess 

of $50,000, or to ensure that any customer deposit in excess of $50,000, in each 

case applying the rules set forth in Annex I for account aggregation and currency 

translation, is refunded to the customer within 60 days. For this purpose, a 

customer deposit does not refer to credit balances to the extent of disputed charges 

but does include credit balances resulting from merchandise returns. 

IV. 	 Investment Entities that Qualify as Deemed-Compliant FFis and Other Special 

Rules. The Financial Institutions described in paragraphs A through E of this section are 

Non-Reporting Antigua and Barbuda Financial Institutions that shall be treated as 

deemed-compliant FFis for purposes of section 1471 of the U.S. Internal Revenue Code. 

In addition, paragraph F of this section provides special rules applicable to an Investment 

Entity. 

Annex II - 6 
A. 	Trustee-Documented Trust. A trust established under the laws of Antigua and 

Barbuda to the extent that the trustee of the trust is a Reporting U.S. Financial 

Institution, Reporting Model 1 FFI, or Participating FFI and reports all information 

required to be reported pursuant to the Agreement with respect to all U.S. Reportable 

Accounts of the trust. 

B. 	 Sponsored Investment Entity and Controlled Foreign Corporation. A Financial 

Institution described in subparagraph B( 1) or B(2) of this section having a sponsoring 

entity that complies with the requirements of subparagraph B(3) of this section. 

1. 	 A Financial Institution is a sponsored investment entity if (a) it is an Investment 

Entity established in Antigua and Barbuda that is not a qualified intermediary, 

withholding foreign partnership, or withholding foreign trust pursuant to relevant 

U.S. Treasury Regulations; and (b) an Entity has agreed with the Financial 

Institution to act as a sponsoring entity for the Financial Institution. 

2. 	 A Financial Institution is a sponsored controlled foreign corporation if (a) the 

Financial Institution is a controlled foreign corporation organized under the laws 

of Antigua and Barbuda that is not a qualified intermediary, withholding foreign 

partnership, or withholding foreign trust pursuant to relevant U.S. Treasury 

Regulations; (b) the Financial Institution is wholly owned, directly or indirectly, 

by a Reporting U.S. Financial Institution that agrees to act, or requires an affiliate 

of the Financial Institution to act, as a sponsoring entity for the Financial 

Institution; and ( c) the Financial Institution shares a common electronic account 

system with the sponsoring entity that enables the sponsoring entity to identify all 

Account Holders and payees of the Financial Institution and to access all account 

and customer information maintained by the Financial Institution including, but 

not limited to, customer identification information, customer documentation, 

account balance, and all payments made to the Account Holder or payee. 

3. 	 The sponsoring entity complies with the following requirements: 

a) 	 The sponsoring entity is authorized to act on behalf of the Financial Institution 

(such as a fund manager, trustee, corporate director, or managing partner) to 

fulfill applicable registration requirements on the IRS FATCA registration 

website; 

b) 	 The sponsoring entity has registered as a sponsoring entity with the IRS on the 

IRS FATCA registration website; 

c) 	 Ifthe sponsoring entity identifies any U.S. Reportable Accounts with respect 

to the Financial Institution, the sponsoring entity registers the Financial 

Institution pursuant to applicable registration requirements on the IRS FATCA 

registration website on or before the later of December 31, 2015 and the date 

that is 90 days after such a U.S. Reportable Account is first identified; 

d) 	 The sponsoring entity agrees to perform, on behalf of the Financial Institution, 

all due diligence, withholding, reporting, and other requirements that the 

Financial Institution would have been required to perform if it were a 

Reporting Antigua and Barbuda Financial Institution; 

Annex II - 7 
e) 	 The sponsoring entity identifies the Financial Institution and includes the 

identifying number ofthe Financial Institution (obtained by following 

applicable registration requirements on the IRS FATCA registration website) 

in all reporting completed on the Financial Institution's behalf; and 

f) 	 The sponsoring entity has not had its status as a sponsor revoked. 

C. 	 Sponsored, Closely Held Investment Vehicle. An Antigua and Barbuda Financial 

Institution satisfying the following requirements: 

I. 	 The Financial Institution is a Financial Institution solely because it is an 

Investment Entity and is not a qualified intermediary, withholding foreign 

partnership, or withholding foreign trust pursuant to relevant U.S. Treasury 

Regulations; 

2. 	 The sponsoring entity is a Reporting U.S. Financial Institution, Reporting Model I 

FFI, or Participating FFI, is authorized to act on behalf ofthe Financial Institution 

(such as a professional manager, trustee, or managing partner), and agrees to 

perform, on behalf of the Financial Institution, all due diligence, withholding, 

reporting, and other requirements that the Financial Institution would have been 

required to perform if it were a Reporting Antigua and Barbuda Financial 

Institution; 

3. 	 The Financial Institution does not hold itself out as an investment vehicle for 

unrelated parties; 

4. 	 Twenty or fewer individuals own all ofthe debt interests and Equity Interests in 

the Financial Institution (disregarding debt interests owned by Participating FFis 

and deemed-compliant FFls and Equity Interests owned by an Entity ifthat Entity 

owns 100 percent ofthe Equity Interests in the Financial Institution and is itself a 

sponsored Financial Institution described in this paragraph C); and 

5. 	 The sponsoring entity complies with the following requirements: 

a) 	 The sponsoring entity has registered as a sponsoring entity with the IRS on the 

IRS FA TCA registration website; 

b) 	 The sponsoring entity agrees to perform, on behalf ofthe Financial Institution, 

all due diligence, withholding, reporting, and other requirements that the 

Financial Institution would have been required to perform if it were a 

Reporting Antigua and Barbuda Financial Institution and retains 

documentation collected with respect to the Financial Institution for a period 

of six years; 

c) 	 The sponsoring entity identifies the Financial Institution in all reporting 

completed on the Financial Institution's behalf; and 

d) 	 The sponsoring entity has not had its status as a sponsor revoked. 

Annex II - 8 
D. 	 Investment Advisors and Investment Managers. An Investment Entity established 

in Antigua and Barbuda that is a Financial Institution solely because it (1) renders 

investment advice to, and acts on behalf of, or (2) manages portfolios for, and acts on 

behalf of, a customer for the purposes of investing, managing, or administering funds 

deposited in the name of the customer with a Financial Institution other than a 

Nonparticipating Financial Institution. 

E. 	 Collective Investment Vehicle. An Investment Entity established in Antigua and 

Barbuda that is regulated as a collective investment vehicle, provided that all of the 

interests in the collective investment vehicle (including debt interests in excess of 

$50,000) are held by or through one or more exempt beneficial owners, Active NFFEs 

described in subparagraph B(4) of section VI of Annex I, U.S. Persons that are not 

Specified U.S. Persons, or Financial Institutions that are not Nonparticipating 

Financial Institutions. 

F. 	 Special Rules. The following rules apply to an Investment Entity: 

1. 	 With respect to interests in an Investment Entity that is a collective investment 

vehicle described in paragraph E ofthis section, the reporting obligations of any 

Investment Entity (other than a Financial Institution through which interests in the 

collective investment vehicle are held) shall be deemed fulfilled. 

2. 	 With respect to interests in: 

a) 	 An Investment Entity established in a Partner Jurisdiction that is regulated as a 

collective investment vehicle, all ofthe interests in which (including debt 

interests in excess of $50,000) are held by or through one or more exempt 

beneficial owners, Active NFFEs described in subparagraph B(4) of section 

VI ofAnnex I, U.S. Persons that are not Specified U.S. Persons, or Financial 

Institutions that are not Nonparticipating Financial Institutions; or 

b) 	 An Investment Entity that is a qualified collective investment vehicle under 

relevant U.S. Treasury Regulations; 

the reporting obligations of any Investment Entity that is an Antigua and Barbuda 

Financial Institution (other than a Financial Institution through which interests in 

the collective investment vehicle are held) shall be deemed fulfilled. 

3. 	 With respect to interests in an Investment Entity established in Antigua and 

Barbuda that is not described in paragraph E or subparagraph F(2) ofthis section, 

consistent with for paragraph 4 of Article 5 of the Agreement, the reporting 

obligations of all other Investment Entities with respect to such interests shall be 

deemed fulfilled if the information required to be reported by the first-mentioned 

Investment Entity pursuant to the Agreement with respect to such interests is 

reported by such Investment Entity or another person. 

4. 	 An Investment Entity established in Antigua and Barbuda that is regulated as a 

collective investment vehicle shall not fail to qualify under paragraph E or 

subparagraph F(2) ofthis section, or otherwise as a deemed-compliant FFI, solely 

Annex II - 9 
because the collective investment vehicle has issued physical shares in bearer 

for~, provided that: 

a) 	 The collective investment vehicle has not issued, and does not issue, any 

physical shares in bearer form after December 31, 2012; 

b) 	 The collective investment vehicle retires all such shares upon surrender; 

c) 	 The collective investment vehicle (or a Reporting Antigua and Barbuda 

Financial Institution) performs the due diligence procedures set forth in Annex 

I and reports any information required to be reported with respect to any such 

shares when such shares are presented for redemption or other payment; and 

d) 	 The collective investment vehicle has in place policies and procedures to 

ensure that such shares are redeemed or immobilized as soon as possible, and 

in any event prior to January 1, 2017. 

V. 	 Accounts Excluded from Financial Accounts. The following accounts are excluded 

from the definition of Financial Accounts and therefore shall not be treated as U.S. 

Reportable Accounts. 

A. 	 Certain Savings Accounts. 

1. 	 Retirement and Pension Account. A retirement or pension account maintained in 

Antigua and Barbuda that satisfies the following requirements under the laws of 

Antigua and Barbuda. 

a) 	 The account is subject to regulation as a personal retirement account or is part 

of a registered or regulated retirement or pension plan for the provision of 

retirement or pension benefits (including disability or death benefits); 

b) 	 The account is tax-favored (i.e., contributions to the account that would 

otherwise be subject to tax under the laws of Antigua and Barbuda are 

deductible or excluded from the gross income of the account holder or taxed at 

a reduced rate, or taxation of investment income from the account is deferred 

or taxed at a reduced rate); 

c) 	 Annual information reporting is required to the tax authorities in Antigua and 

Barbuda with respect to the account; 

d) 	 Withdrawals are conditioned on reaching a specified retirement age, disability, 

or death, or penalties apply to withdrawals made before such specified events; 

and 

e) 	 Either (i) annual contributions are limited to $50,000 or less, or (ii) there is a 

maximum lifetime contribution limit to the account of $1,000,000 or less, in 

each case applying the rules set forth in Annex I for account aggregation and 

currency translation. 

Annex II - 10 
2. 	 Non-Retirement Savings Accounts. An account maintained in Antigua and 

Barbuda (other than an insurance or Annuity Contract) that satisfies the following 

requirements under the laws of Antigua and Barbuda. 

a) 	 The account is subject to regulation as a savings vehicle for purposes other 

than for retirement; 

b) 	 The account is tax-favored (i.e., contributions to the account that would 

otherwise be subject to tax under the laws of Antigua and Barbuda are 

deductible or excluded from the gross income of the account holder or taxed at 

a reduced rate, or taxation of investment income from the account is deferred 

or taxed at a reduced rate); 

c) 	 Withdrawals are conditioned on meeting specific criteria related to the purpose 

of the savings account (for example, the provision of educational or medical 

benefits), or penalties apply to withdrawals made before such criteria are met; 

and 

d) 	 Annual contributions are limited to $50,000 or less, applying the rules set 

forth in Annex I for account aggregation and currency translation. 

B. 	 Certain Term Life Insurance Contracts. A life insurance contract maintained in 

Antigua and Barbuda with a coverage period that will end before the insured 

individual attains age 90, provided that the contract satisfies the following 

requirements: 

I. 	 Periodic premiums, which do not decrease over time, are payable at least annually 

during the period the contract is in existence or until the insured attains age 90, 

whichever is shorter; 

2. 	 The contract has no contract value that any person can access (by withdrawal, 

loan, or otherwise) without terminating the contract; 

3. 	 The amount (other than a death benefit) payable upon cancellation or termination 

of the contract cannot exceed the aggregate premiums paid for the contract, less 

the sum of mortality, morbidity, and expense charges (whether or not actually 

imposed) for the period or periods of the contract's existence and any amounts 

paid prior to the cancellation or termination of the contract; and 

4. 	 The contract is not held by a transferee for value. 

C. 	 Account Held By an Estate. An account maintained in Antigua and Barbuda that is 

held solely by an estate ifthe documentation for such account includes a copy of the 

deceased's will or death certificate. 

D. 	 Escrow Accounts. An account maintained in Antigua and Barbuda established in 

connection with any of the following: 

I. 	 A court order or judgment. 

Annex II - 11 
2. 	 A sale, exchange, or lease of real or personal property, provided that the account 

satisfies the following requirements: 

a) 	 The account is funded solely with a down payment, earnest money, deposit in 

an amount appropriate to secure an obligation directly related to the 

transaction, or a similar payment, or is funded with a financial asset that is 

deposited in the account in connection with the sale, exchange, or lease of the 

property; 

b) 	 The account is established and used solely to secure the obligation of the 

purchaser to pay the purchase price for the property, the seller to pay any 

contingent liability, or the lessor or lessee to pay for any damages relating to 

the leased property as agreed under the lease; 

c) 	 The assets of the account, including the income earned thereon, will be paid or 

otherwise distributed for the benefit of the purchaser, seller, lessor, or lessee 

(including to satisfy such person's obligation) when the property is sold, 

exchanged, or surrendered, or the lease terminates; 

d) 	 The account is not a margin or similar account established in connection with 

a sale or exchange of a financial asset; and 

e) 	 The account is not associated with a credit card account. 

3. 	 An obligation of a Financial Institution servicing a loan secured by real property 

to set aside a portion of a payment solely to facilitate the payment of taxes or 

insurance related to the real property at a later time. 

4. 	 An obligation of a Financial Institution solely to facilitate the payment of taxes at 

a later time. 

E. 	 Partner Jurisdiction Accounts. An account maintained in Antigua and Barbuda 

and excluded from the definition of Financial Account under an agreement between 

the United States and another Partner Jurisdiction to facilitate the implementation of 

FA TCA, provided that such account is subject to the same requirements and oversight 

under the laws of such other Partner Jurisdiction as if such account were established 

in that Partner Jurisdiction and maintained by a Partner Jurisdiction Financial 

Institution in that Partner Jurisdiction. 

VI. Definitions. The following additional definitions shall apply to the descriptions above: 

A. 	Reporting Model 1 FFI. The term Reporting Model I FFI means a Financial 

Institution with respect to which a non-U.S. government or agency thereof agrees to 

obtain and exchange information pursuant to a Model I IGA, other than a Financial 

Institution treated as a Nonparticipating Financial Institution under the Model I IGA. 

For purposes of this definition, the term Model I IGA means an arrangement between 

the United States or the Treasury Department and a non-U.S. government or one or 

more agencies thereof to implement FATCA through reporting by Financial 

Institutions to such non-U.S. government or agency thereof, followed by automatic 

exchange of such reported information with the IRS. 

Annex II - 12 
B. 	 Participating FFI. The term Participating FFI means a Financial Institution that has 

agreed to comply with the requirements of an FFI Agreement, including a Financial 

Institution described in a Model 2 IGA that has agreed to comply with the 

requirements of an FFI Agreement. The term Participating FFI also includes a 

qualified intermediary branch of a Reporting U.S. Financial Institution, unless such 

branch is a Reporting Model 1 FFI. For purposes of this definition, the term FFI 

Agreement means an agreement that sets forth the requirements for a Financial 

Institution to be treated as complying with the requirements of section 1471 (b) of the 

U.S. Internal Revenue Code. In addition, for purposes of this definition, the term 

Model 2 IGA means an arrangement between the United States or the Treasury 

Department and a non-U.S. government or one or more agencies thereof to facilitate 

the implementation of FA TCA through reporting by Financial Institutions directly to 

the IRS in accordance with the requirements of an FFI Agreement, supplemented by 

the exchange of information between such non-U.S. government or agency thereof 

and the IRS. 

Annex II - 13