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US Internal Revenue Service: belguim revised

US Internal Revenue Service: belguim revised

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Published by: IRS on Nov 30, 2007
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04/23/2015

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ATTACHMENT FOR BELGIUM – Update May 2006
1. QI is subject to the following laws and regulations of Belgium governing the requirements of QI to obtain documentation confirming the identity of QI’s account holders.(i) aw of 11 !anuary" 1##$(ii) %ircular &&B '*+ , -. ' and circular &&B '* , -. '+ of the Ban/ing" 0inance and Insurance %ommission'. QI reresents that the laws identified above are enforced by the following enforcement bodies and QI shall rovide the I23 with an 4nglish translation of any reorts or other documentation issued by these enforcement bodies that are relevant to QI’s functions as a qualified intermediary.(i) Ban/ing and 0inance %ommission$. QI reresents that the following enalties aly to failure to obtain" maintain" and evaluate documentation obtained under the laws and regulations identified initem 1 above.(i) aw of 11 !anuary" 1##$5 susension of activities" relacement of managers or directors" revocation of authori6ation to do business administrative fines u to 472 1"'".. QI shall use the following secific documentary evidence (and also any secific documentation added by an amendment to this item  as agreed to by the I23) to comly with section  of this 8greement" rovided that the following secific documentary evidence satisfies the requirements of the laws and regulations identified in item 1 above. In the case of a foreign erson" QI may" instead" use a 0orm 9:+ in accordance with section  of this 8greement. 4ither QI" or a ban/ing or securities association in Belgium" may request an amendment of item .(i) 0or natural ersons5(a) ersons with the Belgian nationality and residing in Belgium5 : 7ntil '#5 Belgian Identity card or 4lectronic Belgian &ersonal Identity %ard; : 8s from '#5 4lectronic Belgian &ersonal Identity %ard.(b) &ersons with foreign nationality residing in Belgium5 certificate of inscrition in the register for foreigners or residence card for 4.7.:citi6ens or identity card for foreigners;(c) <ther5=ational identity card" assort or driving license.
 
(ii) 0or legal ersons5(a) %oies of the certificate of incororation" articles of association" or other organi6ational documents" or (b) %oies of e>tracts from ublic registers.. QI shall follow the rocedures set forth below (and also any rocedures added by an amendment to this item  as agreed to by the I23) to confirm the identity of account holders that do not oen accounts in erson or who rovide new documentation for e>isting accounts other than in erson. In the case of a foreign erson" QI may" instead" use a 0orm 9:+ in accordance with section  of this 8greement. 4ither QI" or a ban/ing or securities association in Belgium" mayrequest an amendment to this item .(i) QI shall not oen an account by any means other than by establishing in erson the identity of a customer through the account holder’s own identity documents" e>cet as ermitted in (ii)" (iii) and (iv) below. (ii) QI may obtain by mail or otherwise a coy that is an e>act reroductionof the secific documentary evidence listed in item  above from another erson that is subject to /now:your:customer rules that have been aroved by the I23 for uroses of qualified intermediary agreements" rovided that the laws and regulations listed in item 1 ermit QI to rely on the other erson to identify the account holder. (iii) QI may obtain a hotocoy of the secific documentary evidence listedin item  by mail or otherwise remotely from the account holder or a erson acting on behalf of the account holder" rovided that the hotocoyhas been certified as a true and correct coy by a erson whose authority to ma/e such certification aears on the hotocoy" and rovided that the laws and regulations listed in item 1 ermit QI to rely on the certified hotocoy to identify the account holder.
 
(iv) (a) QI may obtain by mail or otherwise a coy that is an e>act reroductionof the secific documentary evidence listed in Item  from an affiliate of QIor a corresondent ban/ of QI" rovided that the affiliate or corresondentban/ has established in erson the identity of the account holder and thelaws and regulations listed in Item 1 ermit QI to rely on documentationrovided by that affiliate or corresondent ban/ to identify the accountholder.(b) 0or accounts oened rior to !anuary 1" '1" if QI was not requiredunder its /now:your:customer rules to maintain originals or coies of documentation" QI may rely on its account information if it has comlied

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