AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND THE SWISS1 THE UNITED STATES OF AMERICA and THE SWISS CONFEDERATION hereinafter referred to as "the Contracting Parties", WHEREAS, the Contracting Parties seek to reaffirm and ...
irs.gov/pub/irs-drop/us-swiss_government_agreement.pdf
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THE UNITED STATES OF AMERICA
WHEREAS,
Article 1 Treaty Request
1. The Swiss Confederation
For these accounts UBS will provide a notice to
account holders under the Treaty Request. They will
(i) be subject to a final decision of the SFTA under t
he treaty process, or (ii) be transmitted to the IRS
as a result of the accountholder having provided
UBS or the SFTA with a waiver to submit such
account information directly, or (iii) fall out of
t holders have
provided consent to the SFTA to request copies of
Article 2 Revised Tax Treaty
Article 26 (and certain other provisions) of th
e Tax Treaty, initialed on June 18, 2009, as
Article 3 Withdrawal of the John Doe Summons
1. Immediately after the si
to the enforcement action concerning the
2. Subject to the terms of Article 5 of this
ates shall not seek
he JDS while this Agreement remains in force.
3. Subject to UBS AG’s compliance with Arti
4. The United States shall withdraw t
with regular updates about the number of
5. Subject to UBS AG’s compliance with Arti
terms of Article 5 of this Agreement, the
For purposes of this paragraph, the term “any
source” means account information disclosed (i) under
S’s voluntary disclosure practice, (
iii) as a result of waivers for
UBS or the SFTA to submit account information to
the IRS, or (iv) under the Deferred Prosecution
Agreement between UBS AG and the United Stat
es of America, dated February 18, 2009.
Furthermore, the IRS shall to the extent feasib
le, include account information disclosed through
FBAR filings made after the signing of this Agr
Article 4 Compliance by UBS
1. In the separate agreement
tion covered by the Treaty Request
according to the following time frames:
within 60 days after UBS AG receives
notice from the SFTA that the Treaty
within 180 days after UBS AG receives
the remaining cases referred to in t
he Annex under paragraphs 2.A.b and 2.B.b,
within 270 days after UBS AG receives
2. In the separate agreement
3. The Swiss Federal Office of Justice (SFO
The Annex will be disclosed to UBS AG under the same confidentiality requirements.
Article 10 Duration and Termination
This Agreement shall remain in force until