Regulations Governing the Implementation of the Common Standard on Reporting and Due Diligence for Financial Institutions Article 37

When searching the electronic record of an Account Holder in accordance with subparagraph 2 of paragraph 1 of the preceding article, or if there is a change in circumstances of an account, that results in one or more indicia described in items 1 through 5 of such subparagraph being associated with the account, the Account Holder shall be treated as the resident of the Foreign Jurisdiction. However, an Account Holder shall not be treated as a resident of a Foreign Jurisdiction under any of the following circumstances:1. The electronic record contains any of the indicia described in items 2 through 4 of subparagraph 2 of paragraph 1 of the preceding article, and the Reporting Financial Institution maintains a self-certification specifying the jurisdictions of residences of the Account Holder other than such Foreign Jurisdiction, and Documentary Evidence establishing that the Account Holder is not a resident of such Foreign Jurisdiction.2. The electronic record contains an indicium described in item 5 of subparagraph 2 of paragraph 1 of the preceding article, and the Reporting Financial Institution maintains a self-certification specifying the jurisdiction of residence of the Account Holder other than such Foreign Jurisdiction, or Documentary Evidence establishing that the Account Holder is not a resident of such Foreign Jurisdiction.When searching electronic record of an Account Holder in accordance with subparagraph 2 of paragraph 1 of the preceding article only an indicium described in item 6 of such subparagraph is identified, the Reporting Financial Institution may apply paragraph 3 of Article 38 to review the paper record, or obtain a self-certification or Documentary Evidence from the Account Holder to identify his or her countries or jurisdictions of residences. If such paper record search fails to establish any of the indicia described in items 1 through 5 of subparagraph 2 of paragraph 1 of the preceding article, and the attempt to obtain the self-certification and Documentary Evidence from the Account Holder is not successful, the Reporting Financial Institution shall report such account as an undocumented account.If the Account Holder is determined to be a resident of a Reportable Jurisdiction in accordance with the preceding two paragraphs, such account is a Reportable Account.