1) QI is subject to the following laws and regulations of the Republic of Poland governing the requirements of QI to obtain documentation confirming the identity of QI’s account holders.
(i) The Banking Act (August 29, 1997)
(ii) The Law on Public Trading in Securities (August 21, 1997)
(iii) Act on Counteracting Introduction into Financial Circulation of Property Values Derived from Illegal or Undisclosed Sources and on Counteracting the Financing of Terrorism (November 16, 2000).
(iv) Regulation of the Minister of Finance on determination of the sample register of transactions, method of its maintenance and the mode of submitting the data from the register to the General Inspector of Financial Information (May 20, 2003)
2) QI represent that the laws identified above are enforced by the Following enforcement bodies and QI shall provide IRS with an English translation of any report or other documentation issued by these enforcement bodies that are relevant to QI’s functions as a qualified intermediary.
(i) The General Inspector of Financial Information
(ii) The Ministry of Finance
(iii) The National Bank of Poland
(iv) The Banking Supervision Commission
(v) The Securities and Exchange Commission
(vi) The Insurance and Pension Funds Supervision Commission
(vii) The National Association of Cooperative Savings and Credit Union.
3) QI represents that the following penalties apply to failure to obtain, maintain, and evaluate documentation obtained under the laws and regulations identified in the item 1 above.
(i) A fine of up to PLN 1,000,000
(ii) Deprivation of liberty fro a period of up to eight years
4) QI shall use the following specific documentary evidence ( and also any specific documentation added by an amendment to this item 4 as agreed to 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 of this Agreement. Either QI, or a banking or securities association in the Republic of Poland, may request an amendment of this Item 4.
(i) For natural persons (individuals):
(a) a national identity card
(b) a passport
(c) a driving license
(ii) For legal persons:
(a) extracts from Court registration
(b) other organization documents specifying the organizational form of the legal entity, its seat and address.
(iii) For organizational units lacking legal entity status
(a) a document indicating the organization form of the entity, I its seat and address.
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 securities association in the Republic of Poland, 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 regulation 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 regulation listed in item 1 permit QI to rely on the certified photocopy to identify the account holder.
(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, 2001, if QI was not required under its know-your customer rules to maintain originals or copies of documentation, QI may relay 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, 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.