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1

Agreement between the Government of the United States of America and the 

Government of [FATCA Partner] for Cooperation to Facilitate the Implementation of

FATCA

Whereas, the Government of the United States of America and the Government of [FATCA

Partner] (each, a “Party,” and together, the “Parties”) seek to build on their existing

relationship with respect to mutual assistance in tax matters and desire to conclude an 

agreement to improve their cooperation in combating international tax evasion;

Whereas, [Article [] of the Tax Information Exchange Agreement between the United States 

and [FATCA Partner] signed . . . .]/[Article [] of the Convention between the United States and 

[FATCA Partner] for the Avoidance of Double Taxation with Respect to Taxes on Income, 

signed ....]/[the Convention on Mutual Administrative Assistance in Tax Matters] (the 

[“Convention”]/[“TIEA”]), done at [__] on [__]1

authorizes the exchange of information for tax

purposes;

Whereas, the United States of America 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 of [FATCA Partner] is supportive of the underlying policy goal of

FATCA to improve tax compliance;

Whereas, FATCA has raised a number of issues, including that [FATCA Partner] financial 

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

impediments;

Whereas, intergovernmental cooperation to facilitate FATCA implementation would address 

these issues and reduce burdens for [FATCA Partner] financial institutions;

Whereas, the Parties desire to conclude an agreement to provide for cooperation to facilitate 

the implementation of FATCA based on direct reporting by [FATCA Partner] financial 

institutions to the U.S. Internal Revenue Service, supplemented by the exchange of 

information upon request pursuant to the [Convention/TIEA], and subject to the 

confidentiality and other protections provided for therein, including the provisions limiting

the use of the information exchanged under the [Convention/TIEA];

Now, therefore, the Parties have agreed as follows:

Article 1

Definitions

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

 1 [Select the appropriate instrument to serve a legal basis for the exchange of information. Instruments that are not 

in force generally cannot be referenced as the legal basis for the exchange of information. Note that only the 

Convention on Mutual Administrative Assistance in Tax Matters done at Strasbourg on 25 January 1988 is 

currently in force in the United States. The Protocol amending the Convention on Mutual Administrative 

Assistance in Tax Matters done at Paris on May 27, 2010 is not yet in force in the United States and thus cannot 

serve a legal basis for the exchange of information.]
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terms shall have the meanings set forth below:

a) The term “United States” means the United States of America, 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 “[FATCA Partner]” means [full name of FATCA 

Partner].

2

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 of the United States, the Secretary of the Treasury or his 

delegate; and

2) in the case of [FATCA Partner], [...].

3

g) The term “Financial Institution” means a Custodial Institution, a Depository

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

h) The term “Foreign Reportable Amount” means, in accordance with relevant 

U.S. Treasury Regulations, a payment of fixed or determinable annual or 

periodical income that would be a withholdable payment if it were from sources 

within the United States.

i) 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 if 

the 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.

j) The term “Depository Institution” means any Entity that accepts deposits in 

the ordinary course of a banking or similar business.

 2 [Include a political definition of FATCA Partner. An example of a political definition is “Mexico means the 

United Mexican States.”]

3 [Include the FATCA Partner Competent Authority.]
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k) 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 of the 

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 1(k) 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.

l) 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.

m) The term “[FATCA Partner] Financial Institution” means (i) any Financial 

Institution [resident in]/[organized under the laws of]4 [FATCA Partner], but 

excluding any branch of such Financial Institution that is located outside [FATCA

Partner], and (ii) any branch of a Financial Institution not [resident in]/[organized 

under the laws of] [FATCA Partner], if such branch is located in [FATCA Partner].

n) 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.

o) The term “Reporting [FATCA Partner] Financial Institution” means any 

[FATCA Partner] Financial Institution that is not a Non-Reporting [FATCA 

Partner] Financial Institution.

p) The term “Non-Reporting [FATCA Partner] Financial Institution” means any

[FATCA Partner] Financial Institution, or other Entity resident in [FATCA 

Partner], that is described in Annex II as a Non-Reporting [FATCA Partner] 

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 of this Agreement].

5

 4 [Select the appropriate classification for Financial Institutions to be treated as FATCA Partner Financial 

Institutions, either based on their place of residence or place of organization. This decision is usually made based 

on the appropriate concept under FATCA Partner’s tax laws, and where there is no such concept, the legal 

organization test is generally chosen.]

5 [Some of our partner jurisdictions have expressed the need for a static definition of Non-Reporting FATCA 

Partner Financial Institution, even though we believe that a dynamic approach is preferred to provide flexibility. 
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q) The term “Nonparticipating Financial Institution” means a nonparticipating 

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

include a [FATCA Partner] Financial Institution or other Partner Jurisdiction 

Financial Institution other than a Financial Institution treated as a 

Nonparticipating Financial Institution pursuant to paragraph 2 of Article 4 of this 

Agreement or the corresponding provision in an agreement between the United 

States and a Partner Jurisdiction.

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

[FATCA Partner] Financial Institution after the Determination Date.

s) The term “U.S. Account” means a Financial Account maintained by a Reporting

[FATCA Partner] Financial Institution and held by one or more Specified U.S. 

Persons or by a Non-U.S. Entity with one or more Controlling Persons that is a

Specified U.S. Person. Notwithstanding the foregoing, an account shall not be 

treated as a U.S. Account if such account is not identified as a U.S. Account after 

application of the due diligence procedures in Annex I.

t) The term “Non-Consenting U.S. Account” means a Financial Account 

maintained by a Reporting [FATCA Partner] Financial Institution as of the 

Determination Date with respect to which (i) a Reporting [FATCA Partner]

Financial Institution has determined that it is a U.S. Account in accordance with 

the due diligence procedures in Annex I, (ii) the laws of [FATCA Partner] prohibit 

the reporting required under an FFI Agreement absent consent of the Account 

Holder, (iii) the Reporting [FATCA Partner] Financial Institution has sought, but

was unable to obtain, the required consent to report or the Account Holder’s U.S. 

TIN; and (iv) the Reporting [FATCA Partner] Financial Institution has reported, or

was required to report, aggregate account information to the IRS as prescribed 

under sections 1471 to 1474 of the U.S. Internal Revenue Code and relevant U.S.

Treasury Regulations.

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

Treasury Regulations, but does not include any account that is excluded from 

the definition of Financial Account in Annex II.

v) The term “FFI Agreement” means an agreement that sets forth the requirements, 

consistent with this Agreement, for the Reporting [FATCA Partner] Financial

Institution to be treated as complying with the requirements of section 1471(b) of 

the U.S. Internal Revenue Code.

w) The term “Account Holder” means the person listed or identified as the holder of

a Financial Account by the Financial Institution that maintains the account. A

person, other than a Financial Institution, holding a Financial Account for the 

benefit or account of another person as agent, custodian, nominee, signatory, 

investment advisor, or intermediary, is not treated as holding the account for 

purposes of this 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

 

The bracketed language has been included to accommodate jurisdictions that have a need for a static definition.]
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Contract, the Account Holder is any person entitled to access the Cash Value or

change the beneficiary of the 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 

of the 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.

x) The terms “Cash Value Insurance Contract” and “Annuity Contract” have the 

meanings set forth in relevant U.S. Treasury Regulations.

y) 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 of the trust, or 

an estate of a decedent that is a citizen or resident of the United States. This 

subparagraph 1(y) shall be interpreted in accordance with the U.S. Internal 

Revenue Code.

z) The term “Specified U.S. Person” means a U.S. Person, other than: (i) a 

corporation the stock of which is regularly traded on one or more established 

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

affiliated group, as defined in section 1471(e)(2) of the 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 of the United States, any

U.S. Territory, any political subdivision of any of the foregoing, or any wholly

owned agency or instrumentality of any one or more of the 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 of the 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) of the U.S. Internal Revenue Code; (x) any trust that 

is exempt from tax under section 664(c) of the U.S. Internal Revenue Code or that

is described in section 4947(a)(1) 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 of the 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 under a 

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

Revenue Code.

aa) The term “Entity” means a legal person or a legal arrangement such as a trust.

bb) The term “Non-U.S. Entity” means an Entity that is not a U.S. Person.
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cc) 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, [FATCA Partner] 

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

1471(e)(2) of the U.S. Internal Revenue Code.

dd) The term “U.S. TIN” means a U.S. federal taxpayer identifying number.

ee) 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 of the Party applying this

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

given to the term under other laws of that Party.

Article 2

Reporting and Exchange of Information

1. Directive to [FATCA Partner] Financial Institutions. [FATCA Partner] shall direct 

and enable all Reporting [FATCA Partner] Financial Institutions to:

a) register on the IRS FATCA registration website with the IRS within 90 days of 

the Determination Date, and comply with the requirements of an FFI Agreement, 

including with respect to due diligence, reporting, and withholding;

b) with respect to Financial Accounts maintained by Reporting [FATCA Partner] 

Financial Institutions as of the Determination Date identified as U.S. Accounts,

(i) request from each Account Holder the Account Holder’s U.S. TIN and 

consent to report [and simultaneously inform the Account Holder in writing 

that, if the U.S. TIN and consent are not given, (1) aggregate information 

about the account shall be reported to the IRS, (2) information about the 

account may give rise to a group request by the IRS for specific information 

about the account, (3) in such case, the account information shall be 

transmitted to the [FATCA Partner] tax administration, and (4) the [FATCA 

Partner] tax administration may exchange this information with the IRS in

accordance with paragraph 2 of this Article];

6

 6 [The bracketed language would be included in agreements with jurisdictions where such notification is required.]
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(ii) report annually to the IRS, in the time and manner required by an FFI 

Agreement and relevant U.S. Treasury Regulations, the aggregate 

information required with respect to Non-Consenting U.S. Accounts;

c) with respect to accounts of, or obligations to, Nonparticipating Financial 

Institutions that exist as of the Determination Date, and in connection with which 

the Reporting [FATCA Partner] Financial Institution expects to pay a Foreign 

Reportable Amount,

(i) with respect to calendar years 2015 and 2016, request from each such 

Nonparticipating Financial Institution the Nonparticipating Financial 

Institution’s consent to report [and simultaneously inform the 

Nonparticipating Financial Institution in writing that, if such consent is not 

given, (1) aggregate information about Foreign Reportable Amounts paid to 

the Nonparticipating Financial Institution shall be reported to the IRS, (2)

such information may give rise to a group request by the IRS for specific

information about the account or obligation, (3) in such case, the information

about the account or obligation shall be transmitted to the [FATCA Partner]

tax administration, and (4) the [FATCA Partner] tax administration may

exchange this information with the IRS in accordance with paragraph 2 of

this Article];

7

(ii) with respect to calendar years 2015 and 2016, report to the IRS the number 

of non-consenting Nonparticipating Financial Institutions to which Foreign 

Reportable Amounts were paid during the year and the aggregate value of 

all such payments no later than March 15 of the year following the year to 

which the information relates;

d) with respect to New Accounts identified as U.S. Accounts, obtain from each 

Account Holder consent to report, consistent with the requirements of an FFI 

Agreement, as a condition of account opening; and

e) with respect to new accounts opened by, or obligations entered into with, a 

Nonparticipating Financial Institution after the Determination Date, and in 

connection with which the Reporting [FATCA Partner] Financial Institution 

expects to pay a Foreign Reportable Amount, obtain from each such 

Nonparticipating Financial Institution consent to report, consistent with the 

requirements of an FFI Agreement, as a condition of opening the account, or 

entering into the obligation.

2. Exchange of Information.

a) In the context of FATCA implementation, the U.S. Competent Authority may make 

group requests to the [FATCA Partner] Competent Authority based on the

aggregate information reported to the IRS pursuant to the directive described in 

subparagraphs 1(b)(ii) and 1(c)(ii) of this Article, for all the information about 

 7 [See footnote 7.]
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Non-Consenting U.S. Accounts and Foreign Reportable Amounts paid to 

Nonparticipating Financial Institutions that the Reporting [FATCA Partner] 

Financial Institution would have had to report under an FFI Agreement had it 

obtained consent. Such requests shall be made pursuant to Article []

8 of the 

[Convention/TIEA] and shall apply to information for the time period beginning

on or after the date of signature of this Agreement.

b) The information requested pursuant to subparagraph 2(a) of this Article shall be 

considered information that [may be relevant]/[is foreseeably relevant]/[is 

necessary]

9 for carrying out the administration or enforcement of the domestic

laws of the United States concerning taxes covered by the [Convention/TIEA] and 

under which taxation is not contrary to the [Convention/TIEA], without regard to 

whether the Reporting [FATCA Partner] Financial Institution or another party has 

contributed to non-compliance of the taxpayers in the group request.

c) The [FATCA Partner] Competent Authority shall, within six months of the receipt

of the group request, provide the U.S. Competent Authority with all such 

requested information in the same format in which the information would have 

been reported if it had been reported directly to the IRS by the Reporting [FATCA 

Partner] Financial Institution. The [FATCA Partner] Competent Authority shall 

notify the U.S. Competent Authority and the relevant Reporting [FATCA Partner] 

Financial Institution if there will be any delay in the exchange of the requested 

information. In such case, the provisions of subparagraph 2(b) of Article 3 of this 

Agreement shall apply with respect to the Reporting [FATCA Partner] Financial

Institution, and the [FATCA Partner] Competent Authority must exchange the 

requested information with the U.S. Competent Authority as soon as possible.

d) Notwithstanding subparagraph 2(c) of this Article, the [FATCA Partner]

Competent Authority is not required to obtain and exchange the U.S. TIN of

the Account Holder of a Non-Consenting U.S. Account if such U.S. TIN is not

in the records of the Reporting [FATCA Partner] Financial Institution. In such

a case, the [FATCA Partner] Competent Authority shall obtain and include in 

the exchanged information the date of birth of the relevant person, if the

Reporting [FATCA Partner] Financial Institution has such date of birth in its 

records.

Article 3

Application of FATCA to [FATCA Partner] Financial Institutions

1. Treatment of Reporting [FATCA Partner] Financial Institutions. Subject to the 

provisions of paragraph 2 of Article 4 of this Agreement, each Reporting [FATCA Partner]

Financial Institution that registers with the IRS on the IRS FATCA registration website and

complies with the terms of an FFI Agreement shall be treated as complying with the

requirements of, and as not subject to withholding under, section 1471 of the U.S. Internal 

Revenue Code.

 8 [Include the appropriate Article of the applicable Convention or TIEA.]

9 [Include the relevant language from the applicable Convention or TIEA.]
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2. Suspension of Rules Relating to Non-Consenting U.S. Accounts.

a) Subject to subparagraph 2(b) of this Article, the United States shall not require a

Reporting [FATCA Partner] Financial Institution to withhold tax under section 

1471 or 1472 of the U.S. Internal Revenue Code with respect to an account held 

by a recalcitrant account holder (as defined in section 1471(d)(6) of the U.S.

Internal Revenue Code), or to close such account, if:

(i) the Reporting [FATCA Partner] Financial Institution complies with the 

directives in paragraph 1 of Article 2 of this Agreement with respect to the 

account; and

(ii) the [FATCA Partner] Competent Authority exchanges with the U.S. 

Competent Authority the requested information described in subparagraph

2(a) of Article 2 of this Agreement within six months from the date of the

receipt of such request.

b) If the condition of subparagraph 2(a)(ii) of this Article is not fulfilled, the 

Reporting [FATCA Partner] Financial Institution shall be required to treat the 

account as held by a recalcitrant account holder as defined in relevant U.S. 

Treasury Regulations, including by withholding tax where required by those U.S.

Treasury Regulations, beginning on the date that is six months after the date of the 

receipt of the request described in subparagraph 2(a) of Article 2 of this 

Agreement and ending on the date on which the [FATCA Partner] Competent

Authority exchanges the requested information with the U.S. Competent Authority.

3. Specific Treatment of [FATCA Partner] Retirement Plans. The United States shall

treat as deemed-compliant FFIs or exempt beneficial owners, as appropriate, for purposes of 

sections 1471 and 1472 of the U.S. Internal Revenue Code, [FATCA Partner] retirement plans 

described in Annex II. For this purpose, a [FATCA Partner] retirement plan includes an Entity

established or located in, and regulated by, [FATCA Partner], or a predetermined contractual or 

legal arrangement, operated to provide pension or retirement benefits or earn income for 

providing such benefits under the laws of [FATCA Partner] 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 [FATCA Partner]

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

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

5. Special Rules Regarding Related Entities and Branches That Are 

Nonparticipating Financial Institutions. If a [FATCA Partner] Financial Institution, that 

otherwise meets the requirements described in Article 2 of this Agreement 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 of the 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 of the transitional rule for limited FFIs and limited branches under 

relevant U.S. Treasury Regulations, such [FATCA Partner] Financial Institution shall continue
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to be treated as a participating FFI, 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 [FATCA Partner] Financial Institution treats each such Related Entity or 

branch as a separate Nonparticipating Financial Institution 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 to the 

IRS the information with respect to those accounts as required under section 1471 

of 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 [FATCA Partner] 

Financial Institution or any other Related Entity to circumvent the obligations 

under this Agreement or under section 1471 of the U.S. Internal Revenue Code, as 

appropriate.

6. 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, [FATCA Partner] may use, and may permit [FATCA Partner] 

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 of this Agreement.

Article 4

Verification and Enforcement

1. Minor and Administrative Errors. Consistent with the terms of an FFI Agreement, 

the U.S. Competent Authority may make an inquiry directly to a Reporting [FATCA Partner]

Financial Institution where it has reason to believe that administrative errors or other minor 

errors may have led to incorrect or incomplete information reporting inconsistent with the 

requirements of an FFI Agreement. [The competent authority agreement or arrangement may

provide that the U.S. Competent Authority would notify the [FATCA Partner] Competent

Authority when the U.S. Competent Authority makes such an inquiry of a Reporting [FATCA 

Partner] Financial Institution regarding the Reporting [FATCA Partner] Financial Institution’s

compliance with the conditions set forth in this Agreement.]

10

2. Significant Non-Compliance. The U.S. Competent Authority shall notify the

[FATCA Partner] Competent Authority when the U.S. Competent Authority has determined 

that there is significant non-compliance with the requirements of an FFI Agreement or this

Agreement with respect to a Reporting [FATCA Partner] Financial Institution. If the noncompliance is not resolved within a period of 12 months after notification of significant non-

 10 [Consider whether the competent authority agreement or arrangement should provide for this notification 

described in the bracketed language.]
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11

compliance is first provided by the U.S. Competent Authority, the United States shall treat the 

Reporting [FATCA Partner] Financial Institution as a Nonparticipating Financial Institution 

pursuant to this paragraph 2.

3. Competent Authority [Consultation]/[Agreement or Arrangement]. [The Competent

Authorities of [FATCA Partner] and the United States may consult on notified cases of 

significant non-compliance pursuant to paragraph 2 of this Article.]/[The Competent Authorities 

of [FATCA Partner] and the United States shall enter into an agreement or arrangement under the

mutual agreement procedure provided for in Article []

11 of the Convention which shall:

a) establish the procedures for the exchange of information described in paragraph 2 

of Article 2 of this Agreement; and

b) prescribe rules and procedures as may be necessary to implement this Article.]12

4. Reliance on Third Party Service Providers. In accordance with the provisions of 

an FFI Agreement and relevant U.S. Treasury Regulations, Reporting [FATCA Partner]

Financial Institutions may use third party service providers to fulfill the requirements of an 

FFI Agreement, but these requirements shall remain the responsibility of the Reporting 

[FATCA Partner] Financial Institutions.

[Article 5

Mutual Commitment to Continue to Enhance the Effectiveness of Information

Exchange and Transparency

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.]

13

Article 6

Consistency in the Application of FATCA to Partner Jurisdictions

1. [FATCA Partner] shall be granted the benefit of any more favorable terms under Article 

3 or Annex I of this Agreement relating to the application of FATCA to [FATCA Partner]

Financial Institutions afforded to another Partner Jurisdiction under a signed bilateral 

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

obligations as [FATCA Partner] described in Article 2 of this Agreement, and subject to the

same terms and conditions as described therein and in Articles 4, 6, 8, and 9 of this Agreement.

2. The United States shall notify [FATCA Partner] 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 of the agreement 

 11 [Include the appropriate Article of the applicable Convention or TIEA.]

12 [Consider whether the Competent Authorities want to consult on cases of significant non-compliance or enter into 

an agreement or arrangement prescribing the rules and procedures to implement Art. 4 and the procedures for 

exchange of information described in para. 2 of Art. 2.]

13 [Consider whether to include this Art. 5.]
Model 2 IGA, Preexisting TIEA or DTC

November 30, 2014

12

incorporating the more favorable terms, unless [FATCA Partner] declines in writing the 

application thereof.

[Article 7

Reciprocal Information Exchange

Consistent with its obligations under the Convention, the United States shall continue to 

cooperate with [FATCA Partner] to respond to requests pursuant to the Convention to collect 

and exchange information on accounts held in U.S. financial institutions by residents of 

[FATCA Partner]. In addition, when and to the extent [FATCA Partner] seeks to collaborate 

with the United States to implement FATCA based on direct reporting by [FATCA Partner] 

Financial Institutions to the Government of [FATCA Partner], followed by the transmission of 

such information to the United States, the United States is willing to negotiate such an 

agreement [on a reciprocal basis] on the same terms and conditions as similar agreements 

concluded with Partner Jurisdictions, subject to the Parties having determined that the 

standards of confidentiality and other prerequisites for such cooperation are fulfilled.]14

Article 8

Consultations and Amendments

1. In case any difficulties in the implementation or interpretation of this Agreement arise, 

either Party may 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 1 of Article 10 of this Agreement.

Article 9

Annexes

The Annexes form an integral part of this Agreement.

Article 10

Term of Agreement

1. This Agreement shall enter into force on the date of [FATCA Partner]’s written 

notification to the United States that [FATCA Partner] has completed its necessary internal 

procedures for entry into force of this Agreement.

2. Either Party may terminate this Agreement by giving notice of termination 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.

 14 [Consider whether to include this Art. 7.]
Model 2 IGA, Preexisting TIEA or DTC

November 30, 2014

13

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

Governments, have signed this Agreement.

Done at [_____], in duplicate, this [__] day of [_____], 20[__].

FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF [FATCA 

PARTNER]: