5.11 If there is no written agreement between a trader and a fund and the trader has not provided a ranking as to whether an account is declared for a unit of the fund held in the names of customers that the trader is deemed to hold, the Fund must inform the trader in writing that the account is not documented at the end of the year. (A copy of the application must be kept in the form of a registration prepared by the Fund for compliance with Part XVIII, in accordance with paragraph 267, paragraph 1, of the ITA). This allows the trader (usually the person with the most direct relationship with the underlying investor) to obtain the necessary information from the account holder and provide the fund with the classification of the status to be submitted in the United States before the notification is due to the rating agency. U.S. reporting status is not mandatory for accounts that, pursuant to Schedule II of the agreement, are excluded from notification when the information is made available to the fund by the merchant when the account is opened. Foreign financial institutions that do not meet FATCA requirements may pay a 30% withholding tax on payments from a U.S. source. However, under the intergovernmental agreement, this tax does not apply to Canadian financial institutions that must report information. 7.33 The agreement exists within the framework of the United States, which has similar agreements with other jurisdictions. There is therefore an interest in promoting consistent applications in all jurisdictions.
However, jurisdictions transpose these agreements separately into their own national legislation, which can lead to differences in national implementation. Therefore, in a cross-border context, the law of justice of execution should be referred to. For example, the question may arise as to whether a particular company, established in a particular partner jurisdiction and with a financial account with a Canadian financial institution, meets the definition of a “financial institution.” In such a case, the characterization of the business should be settled in accordance with the legislation of the partner jurisdiction in which the business is established, and a Canadian financial institution should not regard self-certification as unreliable or erroneous, simply because a non-resident entity declares a status different from that which would be if it were determined in accordance with Part XVIII. On February 5, 2014, the Canadian government announced that Canada and the United States have signed an intergovernmental agreement on FATCA. While Scotiabank, one of Canada`s largest banks, was anticipating the agreement, it deployed close to $100 million and implemented a system to report account stocks held by U.S. Canadians and their Canadian-born spouses in the United States in order to comply with FATCA. According to the Financial Post, FATCA requires Canadian banks to provide information to the United States, including total balance sheets, account balances, transactions and more, and includes assets jointly held with Canadian-born spouses and other family members.   In accordance with the Taiwan Relations Act, the parties to the agreement are the American Institute of Taiwan and the Taipei Economic and Cultural Representative Office in the United States.