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nontransferable immediate life annuity that is issued to an individual and
monetizes a pension or disability benefit provided under an account,
product, or arrangement identified as excluded from the definition of
Financial Account in Annex II.
Notwithstanding the foregoing, the term “Financial Account” does not include
any account, product, or arrangement identified as excluded from the definition of
Financial Account in Annex II. For purposes of this Agreement, interests are
“regularly traded” if there is a meaningful volume of trading with respect to the
interests on an ongoing basis, and an “established securities market” means an
exchange that is officially recognized and supervised by a governmental authority
in which the market is located and that has a meaningful annual value of shares
traded on the exchange. For purposes of this subparagraph 1(s), an interest in a
Financial Institution is not “regularly traded” and shall be treated as a Financial
Account if the holder of the interest (other than a Financial Institution acting as an
intermediary) is registered on the books of such Financial Institution. The
preceding sentence will not apply to interests first registered on the books of such
Financial Institution prior to July 1, 2014, and with respect to interests first
registered on the books of such Financial Institution on or after July 1, 2014, a
Financial Institution is not required to apply the preceding sentence prior to
January 1, 2016.
t) The term “Depository Account” includes any commercial, checking, savings,
time, or thrift account, or an account that is evidenced by a certificate of deposit,
thrift certificate, investment certificate, certificate of indebtedness, or other
similar instrument maintained by a Financial Institution in the ordinary course of
a banking or similar business. A Depository Account also includes an amount
held by an insurance company pursuant to a guaranteed investment contract or
similar agreement to pay or credit interest thereon.
u) The term “Custodial Account” means an account (other than an Insurance
Contract or Annuity Contract) for the benefit of another person that holds any
financial instrument or contract held for investment (including, but not limited to,
a share or stock in a corporation, a note, bond, debenture, or other evidence of
indebtedness, a currency or commodity transaction, a credit default swap, a swap
based upon a nonfinancial index, a notional principal contract, an Insurance
Contract or Annuity Contract, and any option or other derivative instrument).
v) The term “Equity Interest” means, in the case of a partnership that is a Financial
Institution, either a capital or profits interest in the partnership. In the case of a
trust that is a Financial Institution, an Equity Interest is considered to be held by
any person treated as a settlor or beneficiary of all or a portion of the trust, or any
other natural person exercising ultimate effective control over the trust. A
Specified U.S. Person shall be treated as being a beneficiary of a foreign trust if
such Specified U.S. Person has the right to receive directly or indirectly (for
example, through a nominee) a mandatory distribution or may receive, directly or
indirectly, a discretionary distribution from the trust.