Standard FATCA Client Onboarding Package - BNP …€¦ · Web viewFATCA Self Certification forms...

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Dear Sir or Madam, The U.S. Foreign Account Tax Compliance Act (“FATCA”) requires all Participating Foreign Financial Institutions (PFFI) to identify the “FATCA” status of their new customers from the 1 st July 2014. BNP Paribas, as a Participating Foreign Financial institution, will be FATCA compliant in all countries where local law makes it compulsory or will allow it You can find at the following link additional information about BNP Paribas’s FATCA compliance as well as the registration status and Global Intermediary Identification Numbers (GIINs) of BNP Paribas’ entities: Please note that BNP Paribas, Hungary Branch is registered with the US Tax Authority (Internal Revenue Service or IRS) as a Registered Deemed Compliant FFI under model1 IGA and its GIIN is 1G159I.00000.BR.348 As a result, we kindly ask you to provide us: Your FATCA status, both on behalf of your firm and for any entity on whose behalf you transact, by completing the relevant W8 or W9 US Tax forms – you will find more information in the “FATCA Self- Certification forms” section of this document. Depending on your FATCA classification, a waiver of confidentiality, by completing and signing the relevant attached form in the “Confidentiality Waivers” section of this document, both on behalf of your firm and for any entity on whose behalf you transact. In case the FATCA status of your entity or of any entity on whose behalf you transact is “Passive NFFE” with substantial US owners, please complete the table in the “Table for Passive NFFE with Substantial US Owners ” section of this document. Please be sure to complete all forms accurately and return to BNP Paribas as soon as practicable to avoid being classified as undocumented FATCA Welcome Pack

Transcript of Standard FATCA Client Onboarding Package - BNP …€¦ · Web viewFATCA Self Certification forms...

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Dear Sir or Madam,The U.S. Foreign Account Tax Compliance Act (“FATCA”) requires all Participating Foreign Financial Institutions (PFFI) to identify the “FATCA” status of their new customers from the 1st July 2014. BNP Paribas, as a Participating Foreign Financial institution, will be FATCA compliant in all countries where local law makes it compulsory or will allow itYou can find at the following link additional information about BNP Paribas’s FATCA compliance as well as the registration status and Global Intermediary Identification Numbers (GIINs) of BNP Paribas’ entities:

Please note that BNP Paribas, Hungary Branch is registered with the US Tax Authority (Internal Revenue Service or IRS) as a Registered Deemed Compliant FFI under model1 IGA and its GIIN is 1G159I.00000.BR.348

As a result, we kindly ask you to provide us: Your FATCA status, both on behalf of your firm and for any entity on whose

behalf you transact, by completing the relevant W8 or W9 US Tax forms – you will find more information in the “FATCA Self-Certification forms” section of this document.

Depending on your FATCA classification, a waiver of confidentiality, by completing and signing the relevant attached form in the “Confidentiality Waivers” section of this document, both on behalf of your firm and for any entity on whose behalf you transact.

In case the FATCA status of your entity or of any entity on whose behalf you transact is “Passive NFFE” with substantial US owners, please complete the table in the “Table for Passive NFFE with Substantial US Owners” section of this document.

Please be sure to complete all forms accurately and return to BNP Paribas as soon as practicable to avoid being classified as undocumented or recalcitrant Non-Financial Foreign Entity or a non-participating Foreign Financial Institution.Please email all completed form(s) to [email protected]

Yours Sincerely,

BNP Paribas Corporate & Institutional Banking

FATCA

Welcome Pack

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FATCA Self Certification forms

Section I - FATCA Self Certification formsA. Introduction

The U.S. Foreign Account Tax Compliance Act (“FATCA”, also referred to as “Chapter 4”) requires Participating Foreign Financial Institutions (PFFIs) to identify the “FATCA” status of their new customers. When the classification can not be done by the PFFIs, FATCA requires the customers to provide a “self-certification” by using the relevant US tax form.The US Tax Authority (Internal Revenue Service or IRS) has updated its tax forms to include the FATCA (or chapter 4) classification.Failure to document the applicable FATCA (or chapter 4) status when required may lead BNP Paribas to consider a customer as undocumented or recalcitrant entity or as nonparticipating financial institution and to subject the customer to 30% withholding tax on withholdable payments.

B. Classification of US PersonsFor purposes of FATCA classification, customers considered by the IRS as US Persons (All U.S. citizens and permanent legal residents or “green card” holders) are required to complete IRS Form W-9 - Request for Taxpayer Identification Number and Certification. Entities formed in the U.S. are also treated as U.S. persons and must provide a valid tax identification number (TIN). For individuals, the TIN is the individual’s social security number. For entities, the TIN is the employer identification number (EIN). BNP Paribas policy requires that all U.S. persons, including entities, must provide their TIN by completing IRS Form W-9.Link to the form: http://www.irs.gov/pub/irs-pdf/fw9.pdfLink to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw9.pdf

C. Classification of non-US Persons and EntitiesFor purposes of FATCA classification, all non-U.S. persons and entities are required to complete IRS Form W-8BEN, W-8BEN-E, W-8IMY, W-8ECI or W-8EXP as self-certification form depending on their situation.

C.1. US Tax W8 formsReference the below link for specific information and instructions on which IRS form(s) may apply:http://www.irs.gov/instructions/index.htmlForm W-8BEN - Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (individuals), must be provided by a nonresident alien who is the beneficial owner of an amount subject to withholding, or if you are an account holder of an FFI documenting yourself as a nonresident alien. If you are the single owner of a disregarded entity, you are considered the beneficial owner of income received by the disregarded entity.Link to the form: http://www.irs.gov/pub/irs-pdf/fw8ben.pdfLink to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8ben.pdfForm W-8BEN-E - Certificate of Entities Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities), must be provided by a foreign non-individual who is the beneficial owner of an account receiving amounts subject to withholding.

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FATCA Self Certification forms

Link to the form: http://www.irs.gov/pub/irs-pdf/fw8bene.pdfLink to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8bene.pdf

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FATCA Self Certification formsClassification of non-US Persons and Entities

Form W-8IMY – Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding, must be provided by a: Foreign person, or a branch of a U.S. person, to establish that it is a

qualified intermediary that is not acting for its own account, to represent that it has provided or will provide a withholding statement, as required, and, if applicable, to represent that it has assumed primary Chapter 3 withholding responsibility and/or primary Form 1099 reporting and backup withholding responsibility

Foreign person to establish that it is a nonqualified intermediary that is not acting for its own account, and, if applicable, that it is using the form to transmit withholding certificates and/or other documentary evidence and has provided, or will provide, a withholding statement, as required.

Foreign partnership or foreign simple trust or grantor trust to establish that it is a withholding foreign partnership or withholding trust and that it will provide a withholding statement, as required.

Foreign partnership or foreign simple trust or grantor trust to establish that it is a non-withholding foreign partnership or non-withholding foreign simple or grantor trust and to represent that the income is not effectively connected with a U.S. trade or business, that the form is being used to transmit withholding certificates and/or documentary evidence, and that it has provided, or will provide, a withholding statement, as required.

Foreign partnership or foreign grantor trust to establish that it is an upper-tier foreign partnership or foreign grantor trust for purposes of section 1446, and to represent that the form is being used to transmit withholding certificates and/or documentary evidence and that it has provided, or will provide, a withholding statement, as required.

A U.S. branch of certain foreign banks or foreign insurance companies to represent that the income it receives is not effectively connected with the conduct of a U.S. trade or business.

Link to the form: http://www.irs.gov/pub/irs-pdf/fw8imy.pdfLink to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8imy.pdfForm W-8ECI - Certificate of Foreign Persons Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States, must be provided by a foreign person and you are the beneficial owner of U.S. source income that is (or is deemed to be) effectively connected with the conduct of a trade or business within the United States.Link to the form: http://www.irs.gov/pub/irs-pdf/fw8eci.pdfLink to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8eci.pdfForm W-8EXP – Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding, must be provided by a foreign government, international organization, foreign central bank of issue, foreign tax-exempt organization, foreign private foundation, or government of a U.S. possession. Submit Form W-8EXP whether or not you are claiming a reduced rate of, or exemption from, U.S. tax withholding.Link to the form: http://www.irs.gov/pub/irs-pdf/fw8exp.pdfLink to the IRS instructions for this form: http://www.irs.gov/pub/irs-pdf/iw8exp.pdf

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FATCA Self Certification formsClassification of non-US Persons and Entities

Please be sure to complete the relevant forms accurately and return to BNP Paribas as soon as practicable to avoid withholding tax erroneously applied to your account.

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FATCA Self Certification formsFrequently Asked Questions (FAQ)

D. Frequently Asked Questions (FAQ)D.1. Detailed Tax Form Instructions

Reference the link below for detailed IRS instructions for each tax form:http://www.irs.gov/instructions/index.html

D.2. FATCA FAQReference the link below for FATCA FAQ on the IRS website:http://www.irs.gov/Businesses/Corporations/Frequently-Asked-Questions-FAQs-FATCA--Compliance-Legal#IGA

D.3. Classification of US Persons

D.3.a. Form W-9 - Request for Taxpayer Identification Number and Certification

1. How does this Form W-9 differ from the previous version of the Form W-9?

The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all U.S. account holders that are specified U.S. persons. Form W-9 and the Instructions for the Requester of Form W-9 have been revised to expand the Exemptions box on the front of the form to include entry for the Exempt payee code (if any) and Exemption from FATCA Reporting Code (if any). The references for the appropriate codes are in the Exemptions section of Form W-9, and in the Payees Exempt from Backup Withholding and Payees and Account Holders Exempt From FATCA Reporting sections of these instructions. The Certification section in Part II of Form W-9 has been expanded to include certification of an exemption from FATCA reporting. Reference the link below for any FATCA specific FAQ:http://www.irs.gov/Businesses/Corporations/Frequently-Asked-Questions-FAQs-FATCA--Compliance-Legal#IGA

2. Who should complete the Form W-9?The Form W-9 should be completed by the individual or entity that is the beneficial owner maintaining the account at BNP providing the same information provided in the account opening documents. Only one beneficial owner can appear on the Form.

3. Can one or more federal tax classification boxes be selected?Only one beneficial owner type can be checked according to the classification of the entity.

4. Does the address need to be located in the United States?The address provided can be either U.S. or foreign.

5. Must the exemption box be completed? Depending on the location of the account, this box along with the appropriate FATCA code may be required.

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FATCA Self Certification formsFrequently Asked Questions (FAQ)

6. Is a taxpayer identification number required?A valid 9 digit U.S. social security number (individuals) or employer identification number (entities) must be provided.

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FATCA Self Certification formsFrequently Asked Questions (FAQ)

7. Is a signature required? The Form W-9 must be signed by an individual authorized to sign on behalf of the beneficial owner and must attest to this capacity by checking a box. This signature must be an original hand signed signature

D.3.b. Form W-8BEN - Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding and Reporting (Individuals)

1. Who should provide a W-8BEN?The Form W-8BEN should be provided by a foreign individual that is the beneficial owner maintaining an account at BNP providing the same information provided in the account opening documents. Only one beneficial owner can appear on the Form.

2. What is a permanent address?The permanent resident address is the address in the country where the individual is a resident for income tax purposes.

3. Should the country of citizenship match the country of permanent residence?

Yes, the country of citizenship must match the country of permanent residence.

4. How does the mailing address differ from the permanent address?

Mailing address should only be filled out if different than the permanent address. If the mailing address includes a P.O. Box, in care of address, financial institutions or a US address, additional documentation may be required to validate the Form such as a valid explanation explaining such address.

5. Is a Foreign Tax ID number or Date of Birth required?If the foreign individual’s country of tax residence has issued a foreign TIN, it should be entered. If not, the date of birth must be provided.

6. Is a claim of treaty benefits required? Although not mandatory, if the foreign individual is a resident of a tax treaty country, this section should be completed to obtain a reduction in withholding tax under the applicable treaty. In order to make a proper treaty claim, the country of residence must match the country included in this section.

7. Is a signature required? The Form W-8BEN must be signed by an individual authorized to sign on behalf of the beneficial owner. The signer’s name must be printed and capacity must be provided if the Form is not signed by the beneficial owner. This signature must be an original hand signed signature.

D.3.c. Form W-8BEN-E - Certificate of Entities Status of Beneficial Owner for United States Tax Withholding and Reporting (Entities)

8. How does the Form W-8BEN-E differ from the Form W-8BEN?The W-8BEN can only be filled out by foreign individuals whereas the W-8BEN-E is intended for completion by foreign entities and not individuals.

9. Should the country of incorporation match the country of permanent residence?

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FATCA Self Certification formsFrequently Asked Questions (FAQ)

Yes, the country of incorporation must match the country of permanent residence.

10. How does the mailing address differ from the permanent address?

Mailing address should only be filled out if it is different than the permanent address. Mailing address can include P.O. Box, in care of address, financial institutions or a US address but if such mailing address is provided a photocopy of the entity’s formation document (e.g. certificate of incorporate, articles of association or charter) is provided. Otherwise, the tax form will be invalidated.

11. Are Chapter 3 and Chapter 4 statuses required?A single Chapter 3 classification is required for each entity. Additionally, one classification should also apply for the entity as its Chapter 4 status. Failure to provide a Chapter 4 classification and any supplementary information required for the classification can have withholding implications.

12. Is a U.S. Taxpayer ID Number required?A U.S. TIN is not required, except for certain cases which are clearly identified in the W-8BEN-E instructions.

13. What is a GIIN and is it required?A GIIN is a Global Intermediary Identification Number provided by the IRS during the FATCA registration process and may be required based on your Chapter 4 status. Please refer to the below FATCA FAQ and Instructions link or consult with your tax advisor for additional information.http://www.irs.gov/Businesses/Corporations/Frequently-Asked-Questions-FAQs-FATCA--Compliance-Legal#IGA

14. Is a Foreign TIN required? The foreign TIN is required unless you have not been issued one or the jurisdiction under which you are a tax resident does not issue one.

15. Is a claim of treaty benefits required? Although not mandatory, if the foreign entity is a resident of a tax treaty country, this section should be completed to obtain a reduction in withholding tax under the applicable treaty. In order to make a proper treaty claim, the treaty country provided on 14a must match the country of incorporation and permanent residence country. Boxes 14a, 14b, 14c and 15 should be reviewed and checked if applicable.

16. Is it required to fill out Part IV to XXVIII?These sections of the tax form should be completed in accordance with the selected Chapter 4 status. The status selected will identify which section pertains to the election and that specific section should be referenced and completed where applicable.

17. Who can sign the form and is a signature required? The Form W-8BEN-E must be signed by an individual authorized to sign on behalf of the entity and attest to such capacity by checking the box. This signature must be an original hand signed signature.

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FATCA Self Certification formsFrequently Asked Questions (FAQ)

D.3.d. Form W-8IMY - Certificate of Foreign Intermediary, Foreign Flow-Through Entity, or Certain U.S. Branches for United States Tax Withholding

1. How does this Form W-8IMY differ from the previous version of Form W-8IMY?

The Form W-8IMY has been updated to capture a Chapter 4 (FATCA) Status, supplementary information for that status in the corresponding Part IV to XXVIII of the form and Global Intermediary Identification Number (GIIN).

2. Are Chapter 3 and Chapter 4 statuses required?A single Chapter 3 classification is required. Additionally, one classification should also apply for the Chapter 4 status if you are acting as an intermediary with respect to a withholdable payment, you are a flow-through entity receiving a withholdable payment on behalf of your owners, you are providing a withholding statement associated with this form that allocates a portion of the payment to a chapter 4 withholding rate pool of U.S. payees with respect to your direct account holders, or you are providing this form to an FFI requesting this form to document your chapter 4 status.

3. What is a GIIN and is it required?A GIIN is a Global Intermediary Identification Number provided by the IRS during the FATCA registration process and may be required based on your Chapter 4 status. Please refer to the above FATCA FAQ and Instructions link or consult with your tax advisor for additional information.

4. Is it required to fill out Part IV to XXVIII?These sections of the tax form should be completed in accordance with the selected Chapter 4 status. The status selected will identify which section pertains to the election and that specific section should be referenced and completed where applicable.

5. When is a withholding statement not required?A withholding statement is not required if you have assumed primary withholding responsibility under both chapter 3 (nonresident alien withholding) and chapter 4 with respect to the account(s) and you are either assuming primary Form 1099 reporting and backup withholding responsibility or are permitted to satisfy and do satisfy your chapter 61 requirements as a participating FFI or registered deemed-compliant FFI.

6. Who can sign the form and is a signature required? The Form W-8IMY must be signed by an individual authorized to sign on behalf of the entity and attest to such capacity by checking the box. This signature must be an original hand signed signature.

D.3.e. Form W-8ECI - Certificate of Foreign Persons Claim That Income Is Effectively Connected With the Conduct of a Trade or Business in the United States

1. How does the mailing address differ from the permanent address?

The permanent address should be a foreign domicile and the mailing address should be the business address in the US. If a US address is not provided as the mailing address, this will invalidate the Form.

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FATCA Self Certification formsFrequently Asked Questions (FAQ)

2. Is a US Taxpayer ID number required?A US Taxpayer ID must be provided and as per IRS format, the number must be exactly 9 digits, cannot contain alphabetical characters and cannot be sequential.

3. Is a foreign Tax ID number required?Although not mandatory, if your country of tax residence has issued a foreign TIN, please provide.

4. Who can sign the form and is a signature required? The Form W-8ECI must be signed by an individual authorized to sign on behalf of the entity and attest to such capacity by checking the box. This signature must be an original hand signed signature.

D.3.f. Form W-8EXP - Certificate of Foreign Government or Other Foreign Organization for United States Tax Withholding

1. Is a Chapter 4 status required?One classification should apply for the entity as its Chapter 4 status. Failure to provide a Chapter 4 classification and any supplementary information required for the classification can have withholding implications.

2. What is a permanent address?The permanent address of a foreign government, international organization, or foreign central bank of issue is where it maintains its principal office. For all other organizations, the permanent address is the address in the country where the organization claims to be a resident for tax purposes. Do not show the address of a financial institution, a post office box, or an address used solely for mailing purposes unless such address is the only permanent address you use and it appears as your registered address in your organizational documents.

3. Is a mailing address required?The mailing address is only required if it differs from the permanent address.

4. Is a GIIN required?If the organization has registered with the IRS as a participating FFI (including a reporting Model 2 FFI), registered deemed-compliant FFI, (including a reporting Model 1 FFI), direct reporting NFFE, check the box for “GIIN” and provide your GIIN. For payments made prior to January 1, 2015, a Form W-8EXP provided by a reporting Model 1 FFI need not contain a GIIN. For payments made prior to January 1, 2016, a sponsored direct reporting NFFE may provide the GIIN of its sponsoring entity.

5. Who can sign the form and is a signature required? The Form W-8EXP must be signed by an individual authorized to sign on behalf of the entity and attest to such capacity by checking the box. This signature must be an original hand signed signature.

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Confidentiality Waivers

Section II - Confidentiality WaiversDepending on the FATCA classification status that you have filled in the W8/W9 forms, please check which of the cases below applies to your entity and, if needed, please complete and sign the relevant attached waiver both on behalf of your firm and for any entity on whose behalf you transact.Please note that those confidentiality waivers are mandatory if your firm or and any entity on whose behalf you transact would like to conduct activity with BNP Paribas in any IGA 2 country1 or any FATCA conventional country. Your firm and any entity on whose behalf you transact is a US Specified

Person (a Legal entity holding US account(s) within the meaning of the FATCA legislation) – please fill the Waiver Model 1

Your firm and any entity on whose behalf you transact is a Passive Non-Financial Foreign Entity (NFFE) with Substantial U.S. Owners - please fill the Waiver Model 2

Your firm and any entity on whose behalf you transact is none of the above – in this case you don’t have to fill a waiver.

Please note that those documents waive your right to banking secrecy and confidentiality and authorize the BNPP Group to disclose and transfer within the Group, or to the US tax authorities or any immediate payer, as long as required by the US statute of limitations, all information relating to your data and your accounts (account number, cash balances, securities accounts and detailed debit and credit, etc.); your transactions with BNPP Group and/or your FATCA classification.

1 The list of IGA2 countries having signed or agreed FATCA Model 2 Inter-Governmental Agreements can be found at the following link: http://www.treasury.gov/resource-center/tax-policy/treaties/Pages/FATCA-Archive.aspx

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Confidentiality WaiversConfidentiality Waiver Model 1 - for US Specified Persons

A. Confidentiality Waiver Model 1 - for US Specified PersonsForm of letter to be executed by a Legal entity holding US account(s) within the meaning of the FATCA legislationFor the attention of BNPP Group (SA head office, including all of its branches and its existing subsidiaries0), the “Group”We, undersigned

Company name:Legal form:Registered head office:

Registration references:

GIIN, LEI or other registration number

Confirm that we are informed that the United States (US) tax authorities have enacted tax regulations which aim at fighting against tax evasion and apply to US legal entities outside the USA. In particular, a tax legislation0 commonly named FATCA has been adopted on the 18th of March 2010 and imposes certain obligations on non US financial institutions, including the Group, in relation to all accounts held by and transactions entered into with US persons. Pursuant to these requirements, (i) due diligence and control processes need to be implemented for the purpose of identifying US legal entities subject to the US tax legislation (“US Client”), and (ii) a reporting mechanism on an ongoing basis in respect of these US Clients to the US tax authorities needs as well to be performed. Such reporting will include information relating to the US Client (data such as name, address, TIN) and the relevant account(s) (account number, balances of cash and securities accounts, all transactions related to such account, etc.) and/or value of financial contracts.In the absence of a valid banking secrecy/confidentiality waiver from any US Client or the remittance of any information required under US tax law, the Group may be compelled to (i) close the relevant account(s) and/or (ii) terminate the contractual relationship with the Client. In the meantime, the US tax authorities require the Group to withhold tax on their behalf and for their account (at a rate of up to 30% operated by debit of the client’s account or transaction flows).As regards our account(s) or any transaction we may enter (or have entered) into with the Group, we hereby represent that we are fully aware of the tax and other regulatory requirements pertaining to the US Client status within the meaning of the FATCA legislation, and in particular, we are informed of the reporting and other updated information to be provided to the US tax authorities by the Group as above mentioned. We shall fully abide by, and comply with, such requirements. In particular, we undertake to provide the Group with updated information in case of any change of our status and with any document that may be relevant for FATCA purposes.

0 listed in Annex 1 to Confidentiality Waivers0 Cf. the Foreign Account Tax Compliance Act (FATCA) provisions which are inserted in the Hiring Incentives to Restore Employment Act.

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Confidentiality WaiversConfidentiality Waiver Model 1 - for US Specified Persons

We hereby authorise the Group to debit the abovementioned withholding amounts in case of our non-compliance with the FATCA requirements.

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Confidentiality WaiversConfidentiality Waiver Model 1 - for US Specified Persons

We hereby accordingly waive our right to banking secrecy and confidentiality and authorize the Group to disclose and transfer within the Group, or to the US tax authorities or any immediate payer, as long as required by the US statute of limitations, all information relating to our data and our accounts (account number, cash balances, securities accounts and detailed debit and credit, etc.); our transactions with the Group and/or our FATCA classification

This letter is governed by banking secrecy/confidentiality law(s) applicable to any contractual transaction impacted by a FATCA obligation and any dispute in connection therewith shall be submitted to the exclusive jurisdiction of the competent court as determined by such relevant banking secrecy/confidentiality law.

Yours sincerely

Place: Date

Company name:Represented byName, First nameTitle

XSignature

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Confidentiality WaiversConfidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. Owners

B. Confidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. OwnersForm of letter to be executed by a US Owned foreign Legal entity within the meaning of the FATCA legislationFor the attention of BNPP group (SA head office, including all of its branches and its existing subsidiaries0), the GroupWe, undersigned

Company name:Legal form:Registered head office:

Registration references:

GIIN, LEI or other registration number

Confirm that we are informed that the United States (US) tax authorities have enacted tax regulations which aim at fighting against tax evasion and apply to US legal entities outside the USA as well as to US owned foreign entities (non-US entities which have one or more substantial US owners). For the purpose of this waiver, a substantial US owner is any person which, directly or indirectly, owns either (i) with respect to any corporation, more than 10 percent of the stock of such corporation (by vote or value), or (ii) with respect to any partnership, more than 10 percent of the profits interests or capital interests in such partnership. In particular, a tax legislation0 commonly named FATCA has been adopted on the 18th

of March 2010 and imposes certain obligations on non US financial institutions, including the Group, in relation to all accounts held by and transactions entered into with US persons and/or US owned foreign legal entities. Pursuant to these requirements, (i) due diligence and control processes need to be implemented for the purpose of identifying US owned foreign entities (“Client”) together with the relevant substantial US owner(s), and (ii) a reporting mechanism on an ongoing basis in respect of these Clients or the relevant substantial US owner(s) to the US tax authorities needs as well to be performed. Such reporting will include information relating to the substantial US owner(s) (data such as name, address, TIN) and the relevant account(s) of the Client (account number, balances of cash and securities accounts, all transactions related to such account, etc.) and/or value of financial contracts.In the absence of a valid banking secrecy/confidentiality waiver from the Client (including the confirmation by the client that the substantial US owner(s) has/have given their express consent to the reporting to the US tax authorities) or the remittance of any updated information required under US tax law, the Group may be compelled to (i) close the relevant account(s) and/or (ii) terminate the contractual relationship with the Client. In the meantime, the US tax authorities may require the

0 listed in Annex 1 to Confidentiality Waivers0 Cf. the Foreign Account Tax Compliance Act (FATCA) provisions which are inserted in the Hiring Incentives to Restore Employment Act and the related tax instructions.

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Confidentiality WaiversConfidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. Owners

Group to withhold a tax on their behalf and for their account (at a rate of up to 30% operated by debit of the Client’s account or transaction flows).

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Confidentiality WaiversConfidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. Owners

As regards our account(s) or any transaction we may enter (or have entered) into with the Group, we hereby represent that we are fully aware of the tax and other regulatory requirements pertaining to the US Client status within the meaning of the FATCA legislation, and in particular, we are informed of the reporting and other updated information to be provided to the US tax authorities by the Group as above mentioned. We shall fully abide by, and comply with, such requirements.

In particular, we undertake to provide the Group with updated information in case of any change of our status and with any document that may be relevant for FATCA purposes including with regard to the substantial US owner(s). We hereby authorise the Group to debit the abovementioned withholding amounts in case of our non-compliance with the FATCA requirements.

We hereby accordingly waive our right to banking secrecy and confidentiality and authorize the Group to disclose and transfer within the Group, or to the US tax authorities or any immediate payer, as long as required by the US statute of limitations, all information relating to our data and our accounts (account number, cash balances, securities accounts and detailed debit and credit, etc.); our transactions with the Group and/or our FATCA classification, and all the information relating to the substantial US owner(s).We hereby declare and warrant that our substantial US owner(s):1. is (are) duly informed of the FATCA legislation, and,

2. has (have) given us its (their) express consent, if relevant and in accordance with the relevant applicable data protection and/or professional secrecy legislation, for its (their) data (e.g. name, address, TIN) and relevant documentation and/or information to be collected and reported to the IRS for FATCA purposes.

Furthermore, we undertake to provide the Group upon request with the original or duly certified copy (ies) of the aforementioned documentation and/or information, including the aforementioned consent(s) with respect to our current and future substantial US owner(s). The undertakings referred to in this waiver apply with regard to any current and subsequent substantial US owners.This letter is governed by banking secrecy/confidentiality law(s) applicable to any contractual transaction impacted by a FATCA obligation and any dispute in connection therewith shall be submitted to the exclusive jurisdiction of the competent court as determined by such relevant banking secrecy/confidentiality law.

Yours sincerely,

Place: Date

Company name:Represented byName, First nameTitle

XSignature

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Confidentiality WaiversConfidentiality Waiver Model 2 - for Passive NFFE with Substantial U.S. Owners

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Confidentiality WaiversAnnex 1 to Confidentiality Waivers: List of BNP Paribas subsidiaries

C. Annex 1 to Confidentiality Waivers: List of BNP Paribas subsidiaries

Legal entity name Country of incorporation

BANCO BNP PARIBAS BRASIL SA BrazilBNP PARIBAS (CANADA) CanadaBNP PARIBAS (CANADA) VALEURS MOBILIERES INC.

Canada

BNP PARIBAS (CHINA) LIMITED ChinaBNP PARIBAS AMBER HOLDINGS PTY LTD AustraliaBNP PARIBAS ARBITRAGE FranceBNP PARIBAS ARBITRAGE (HONG KONG) LTD Hong KongBNP PARIBAS ARBITRAGE ISSUANCE B.V NetherlandsBNP PARIBAS BANK NV NetherlandsBNP PARIBAS BANK POLSKA SA PolandBNP PARIBAS CADIZ SECURITIES South AfricaBNP PARIBAS CADIZ STOCKBROKING South AfricaBNP PARIBAS CAPITAL (MALAYSIA) SDN BHD MalaysiaBNP PARIBAS COLOMBIA CORPORACION FINANCIERA S.A.

Colombia

BNP PARIBAS COMMODITY FUTURES LIMITED United KingdomBNP PARIBAS EMISSION-UND HANDELSGESELLSCHAFT MBH

Germany

BNP PARIBAS ENERGY TRADING CANADA CORP. CanadaBNP PARIBAS INVESTMENT COMPANY KSA Saudi ArabiaBNP PARIBAS IRELAND IrelandBNP PARIBAS ISLAMIC ISSUANCE BV NetherlandsBNP PARIBAS MALAYSIA BERHAD MalaysiaBNP PARIBAS PRIME BROKERAGE INTERNATIONAL, LTD

Cayman

BNP PARIBAS S.A. DE C.V., SOFOM, E.N.R. MexicoBNP PARIBAS SECURITIES (ASIA) LIMITED Hong KongBNP PARIBAS SECURITIES (JAPAN) LIMITED JapanBNP PARIBAS SECURITIES (SINGAPORE) PTE LTD SingaporeBNP PARIBAS SECURITIES (TAIWAN) CO LTD TaiwanBNP PARIBAS SECURITIES INDIA PRIVATE LIMITED IndiaBNP PARIBAS SECURITIES KOREA CO., LTD South KoreaBNP PARIBAS UK LIMITED United KingdomBNP PARIBAS ZAO RussiaFORTIS INTERNATIONAL FINANCE (DUBLIN) IrelandPT BANK BNP PARIBAS INDONESIA IndonesiaPT BNP PARIBAS SECURITIES INDONESIA IndonesiaSERVIZIO ITALIA SOCIETA FIDUCIARIA E DI SERVIZI S.P.A.

Italy

Türk Ekonomi Bankasi (TEB) A.Ş TurkeyUTEXAM LIMITED Ireland

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Confidentiality WaiversAnnex 1 to Confidentiality Waivers: List of BNP Paribas subsidiaries

UTEXAM SOLUTIONS LIMITED Ireland

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Table for Passive NFFE with Substantial U.S. Owners

Section III - Table for Passive NFFE with Substantial U.S. Owners

In case the FATCA status of your entity or of any entity on whose behalf you transact is “Passive NFFE” with substantial U.S. owners, in addition to information submitted in the W8 form (name, address, US Tax Identification Number or TIN), please provide the percentage owned and Date of birth of each substantial U.S. owner of the NFFE.

Name Address TIN Percentage owned

Date of birth for individuals (leave blank for entities)

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