Attachment for Anguilla
1. QI is subject to the following laws and regulations of Anguilla governing the requirements of QI to obtain documentation confirming the identity of QI’s account holders.
(i) The Proceeds of Criminal Conduct Act 2000
(ii) Anti-Money Laundering Regulations 2000
(iii) The Guidance Notes on the Prevention of Money Laundering 2000
(iv) The Trust Companies and Offshore Banking Act 2000
(v) The Company Management Act 2000
2. QI represents that the following enforcement bodies enforce the laws identified above and QI shall provide the IRS with any reports or other documentation issued by these enforcement bodies that are relevant to QI’s functions as a qualified intermediary.
(i) The Money Laundering Reporting Authority
(ii) The Director of the Financial Services Commission
3. QI represents that the following are offences and penalties apply to failure to obtain, maintain and evaluate documentation obtained under the laws and regulations identified in item 1 above.
(i) Failure to comply with the requirements of the Anti-Money Laundering Regulations and the Guidance Notes on the Prevention of Money Laundering is an offence under S9 of the Anti-Money Laundering Regulations 2000.
(ii) Failure to comply with the requirements of the Proceeds of Criminal Conduct Act or any directive there under is punishable by imprisonment for a term not exceeding 10 years where the person is in default of paying a fine that is not to exceed $4,000,000.
4. QI shall use the following specific documentary evidence (and also any specific documentation added by an amendment to this item 4 as agreed by the IRS) to comply with section 5 of this Agreement, provided that the following specific documentary evidence satisfies the requirements of the laws and regulations identified in item 1 above. In the case of a foreign person, QI may, instead, use a Form W-8 in accordance with section 5 of this Agreement. Either QI, or a bankers’ association in Anguilla, may request an amendment of item 4.
(i) For natural persons:
(a) Passport, or
(b) National identity card, or
(c) Armed Forces identity card, or
(d) Driver’s license that bears a photograph.
(ii) For legal persons:
(a) Certificate of Incorporation,
(b) The Memorandum and Articles of Association.
5. QI shall follow the procedures set forth below (and also any procedures added by an amendment to this item 5 as agreed to by the IRS) to confirm the identity of account holders that do not open accounts in person or who provide new documentation for existing accounts other than in person. In the case of a foreign person, QI may, instead, use a Form W-8 in accordance with section 5 of this Agreement. Either QI, or a banking or securities organization in Anguilla may request an amendment to this item 5.
(i) QI shall not open an account by any means other than by establishing in person the identity of a customer through the account holder’s own identity documents, except as permitted in (ii), (iii) and (iv) below.
(ii) QI may obtain by mail or otherwise a copy that is an exact reproduction of the specific documentary evidence listed in item 4 above from another person that is subject to know-your-customer rules that have been approved by the IRS for purposes of qualified intermediary agreements, provided that the laws and regulations listed in item 1 permit QI to rely on the other person to identify the account holder.
(iii) QI may obtain a photocopy of the specific documentary evidence listed in item 4 by mail or otherwise remotely from the account holder or a person acting on behalf of the account holder, provided that the photocopy has been certified as a true and correct copy by a person whose authority to make such certification appears on the photocopy, and provided that the laws and regulations listed in item 1 permit QI to rely on the certified photocopy to identify the account holder.
(iv) (a) QI may obtain by mail or otherwise a copy that is an exact reproduction of the specific documentary evidence listed in item 4 from an affiliate of QI or a correspondent bank of QI, provided that the affiliate or correspondent bank has established in person the identity of the account holder and the laws and regulations listed in item 1 permit QI to rely on documentation provided by that affiliate or correspondent bank to identify the account holder.
(b) For accounts opened prior to January 1, 2000, if QI was not required under its know-your-customer rules to maintain originals or copies of documentation, QI may rely on its account information if it has complied with all other aspects of its know-your-customer rules regarding establishment of an account holder’s identity, it has a record that the documentation required under the know-your- customer rules was actually examined by an employee of QI or an employee of an affiliate of QI or a correspondent bank of QI in accordance with the know-your-customer rules, and it has no information in its possession that would require QI to treat the documentation as invalid under the rules of section 5.10(B) of this Agreement.