Foreign Account Tax Compliance Act and European Market Infrastructure Regulation, EMIR Sample Clauses

Foreign Account Tax Compliance Act and European Market Infrastructure Regulation, EMIR. (a) 倘本行認定依客戶於美國稅法下的身分，應予扣抵或保留一定稅額，以符合 (i)1986 年美國國內稅收法第 1471 條與第 1472 條的稅賦規定（或美國財政法規或其他依該等規定發佈的規則、或任何相關的跨政府協議、任何類似或相關的非美國法律，或任何本行與超國家組織、政府組織、準政府組織、管理機構、行政機關、法律執行或監督機關、團體、部會、官署、機構或有管轄權的法院或法庭、證券交易所、票據交換所或任何其他主管機關、團體、部會、官署或機構（每一均簡稱「有權機關」）根據前述規定所簽署的合約）（下稱「FATCA 預扣稅」），及／或 (ii) 1986 年美國國內稅收法第 871(m) 條的稅賦規定（或美國財政法規或其他依該等規定發佈的規則）（下稱「871(m)預扣稅」），客戶 (a) 授權本行 (x) 就本行應支付客戶之任何應適用 FATCA 預扣稅及 / 或 871(m) 預扣稅之相關款項內逕予扣抵或保留，任何支付予客戶之數額均為辦理扣抵或保留後之淨額，(y) 於必要時向美國國稅局（下稱 「IRS」）、其他有權機關或該機關之代表人繳付該等扣抵或保留稅額，並 (b) 同意賠償本行就 FATCA 預扣稅及／或 871(m) 預扣稅應扣而未扣之所有金額。無論是否存在任何與本條內容牴觸的條款或適用於該客戶的合約，包括但不限於任何衍生性交易合約，本條均應予適用，因此當有衝突或不一致之情事時，應適用本條 11(a) 之規定。 If the Bank determines that it is required to make (i) a deduction or withholding for or on account of tax imposed under Sections 1471 and 1472 of the United States Internal Revenue Code of 1986 (or the United States Treasury Regulations or other guidance issued under it, any associated intergovernmental agreement, any similar or associated non-US Law or any agreement that the Bank enters into with any supranational, governmental, quasi-governmental, regulatory, administrative, law enforcement or supervisory body, entity, department, office, institution or court or tribunal of competent jurisdiction, stock exchange, clearing house or any other authority, body, entity, department, office or institution (each an“Authority”) pursuant to any of the foregoing) (the“FATCA Withholding Tax”) and/or (ii) a deduction, withholding or payment for or on account of tax imposed under Sections 871(m) of the United States Internal Revenue Code of 1986 (or the United States Treasury Regulations or other guidance issued under it) (the“871(m) Withholding Tax”) as a result of the Client’s status under US tax laws and regulations, the Client (a) authorises the Bank (x) to make such deduction or withholding in respect of any sum payable by the Bank to the Client that is subject to the FATCA Withholding Tax and/or 871(m) Withholding Tax, so that any payment to the Client will be made net of such deduction or withholding, and (y) to pay any such deduction or withholding as may be necessary to the United States Internal Revenue Service “( IRS”), another Authority or any other person on behalf thereof and (b) agrees to indemnify the Bank for the amount of any such FATCA Withholding Tax and/or 871(m) Withholding Tax that is due but not deducted or withheld. Such provision shall apply notwithstanding any provision to the contrary in any other terms or agreement applicable to the ...
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Related to Foreign Account Tax Compliance Act and European Market Infrastructure Regulation, EMIR

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