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Chapter 3 Due Diligence
Section 5 Due Diligence for New Entity Accounts
Article 45
Upon a New Entity Account opening, a Reporting Financial Institution shall obtain and keep an Account Holder’s self-certification that allows the Reporting Financial Institution to determine such Entity’s resident countries or jurisdictions and to confirm the reasonableness of such self-certification based on other information obtained by the Reporting Financial Institution in connection with such account.
The “other information” mentioned in the preceding paragraph includes documentation collected pursuant to AML/KYC Procedures.
If a self-certification described in the first paragraph indicates that the Account Holder is a resident of a Reportable Jurisdiction, such account shall be treated as a Reportable Account unless the Reporting Financial Institution reasonably determines, based on information in its possession or that is publicly available, that such Account Holder is not a resident with respect to such Reportable Jurisdiction.
If a New Entity Account Holder certifies that it has no residence and the residence of the Account Holder cannot be determined in accordance with the second half of paragraph 1 of Article 25 and the second half of paragraph 2 of Article 26, the address of the principal office of the Entity may be relied on to determine the residence.
Article 46
A Reporting Financial Institution shall review whether a New Entity Account Holder is a Passive NFE and determine the resident countries or jurisdictions of Controlling Persons of a Passive NFE in accordance with subparagraphs 1, 2, and the first sentence of subparagraph 3 of paragraph 1 of Article 43.
If a New Entity Account Holder is determined to be a Passive NFE, and any of the Controlling Persons of such Passive NFE is a resident of a Reportable Jurisdiction in accordance with the preceding paragraph, such account shall be treated as a Reportable Account.