Acta Francisci Pp. 653

rents, salaries, wages, premiums, annuities, compensations, re- munerations, emoluments, and other fixed or determinable an- nual or periodical gains, profits, and income, if such payment is from sources within the United States. Notwithstanding the foregoing, a U.S. Source Withholdable Payment does not include any payment that is not treated as a withholdable payment in relevant U.S. Treasury Regulations.

ff) An Entity is a "Related Entity" of another Entity if either Entity controls the other Entity, or the two Entities are under com- mon control. For this purpose control includes direct or indirect ownership of more than 50 percent of the vote or value in an Entity. Notwithstanding the foregoing, the HS/VCS may treat an Entity as not a Related Entity of another Entity if the two Entities are not members of the same expanded affiliated group as defined in section 1471(e)(2) of the U.S. Internal Revenue Code.

gg) The term "U.S. TIN" means a U.S. federal taxpayer identifying number.

hh) The term "Controlling Persons" means the natural persons who exercise control over an Entity. In the case of a trust, such term means the settlor, the trustees, the protector (if any), the bene- ficiaries or class of beneficiaries, and any other natural person exercising ultimate effective control over the trust, and in the case of a legal arrangement other than a trust, such term means persons in equivalent or similar positions. The term "Controlling Persons" shall be interpreted in a manner consistent with the Financial Action Task Force Recommendations.

2. Any term not otherwise defined in this Agreement shall, unless the con- text otherwise requires or the Competent Authorities agree to a common meaning (as permitted by domestic law), have the meaning that it has at that time under the law of the Party applying this Agreement, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.

Article 2 oBligAtions to oBtAin And exchAnge informAtion with respect to U.s.

reportABle AccoUnts

1. Subject to the provisions of Article 3 of this Agreement, the HS/VCS shall obtain the information specified in paragraph 2 of this Article with respect to all U.S. Reportable