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5 DE MAIO DE 2016 37

d) The term “Portugal” means the Portuguese Republic, and when used in a geographical sense comprises

the territory of the Portuguese Republic in accordance with the International Law and the Portuguese legislation,

including its territorial sea, as well as those maritime areas adjacent to the outer limit of the territorial sea,

comprising the seabed and subsoil thereof, over which the Portuguese Republic exercises sovereign rights or

jurisdiction.

e) The term “Partner Jurisdiction” means a jurisdiction that has in effect an agreement with the United States

to facilitate the implementation of FATCA. The IRS shall publish a list identifying all Partner Jurisdictions.

f) The term “Competent Authority” means:

(1) in the case of the United States, the Secretary of the Treasury or his delegate; and

(2) in the case of Portugal, the Minister of Finance, the Director General for Taxation and Customs Authority

or their authorized representatives;

g) The term “Financial Institution” means a Custodial Institution, a Depository Institution, an Investment Entity,

or a Specified Insurance Company.

h) The term “Custodial Institution” means any Entity that holds, as a substantial portion of its business,

financial assets for the account of others. An entity holds financial assets for the account of others as a substantial

portion of its business if the entity’s gross income attributable to the holding of financial assets and related

financial services equals or exceeds 20 percent of the entity’s gross income during the shorter of: (i) the three-

year period that ends on December 31 (or the final day of a non-calendar year accounting period) prior to the

year in which the determination is being made; or (ii) the period during which the entity has been in existence.

i) The term “Depository Institution” means any Entity that accepts deposits in the ordinary course of a banking

or similar business.

j) The term “Investment Entity” means any Entity that conducts as a business (or is managed by an entity

that conducts as a business) one or more of the following activities or operations for or on behalf of a customer:

(1) trading in money market instruments (cheques, bills, certificates of deposit, derivatives, etc.); foreign

exchange; exchange, interest rate and index instruments; transferable securities; or commodity futures trading;

(2) individual and collective portfolio management; or

(3) otherwise investing, administering, or managing funds or money on behalf of other persons.

This subparagraph 1(j) shall be interpreted in a manner consistent with similar language set forth in the

definition of “financial institution” in the Financial Action Task Force Recommendations.

k) The term “Specified Insurance Company” means any Entity that is an insurance company (or the holding

company of an insurance company) that issues, or is obligated to make payments with respect to, a Cash Value

Insurance Contract or an Annuity Contract.

l) The term “Portuguese Financial Institution” means (i) any Financial Institution resident in Portugal, but

excluding any branch of such Financial Institution that is located outside Portugal, and (ii) any branch of a

Financial Institution not resident in Portugal, if such branch is located in Portugal.

m) The term “Partner Jurisdiction Financial Institution” means (i) any Financial Institution established in a

Partner Jurisdiction, but excluding any branch of such Financial Institution that is located outside the Partner

Jurisdiction, and (ii) any branch of a Financial Institution not established in the Partner Jurisdiction, if such branch

is located in the Partner Jurisdiction.

n) The term “Reporting Financial Institution” means a Reporting Portuguese Financial Institution or a

Reporting U.S. Financial Institution, as the context requires.

o) The term “Reporting Portuguese Financial Institution” means any Portuguese Financial Institution that is

not a Non-Reporting Portuguese Financial Institution.

p) The term “Reporting U.S. Financial Institution” means (i) any Financial Institution that is resident in the

United States, but excluding any branch of such Financial Institution that is located outside the United States,

and (ii) any branch of a Financial Institution not resident in the United States, if such branch is located in the

United States, provided that the Financial Institution or branch has control, receipt, or custody of income with

respect to which information is required to be exchanged under subparagraph (2)(b) of Article 2 of this Agreement.

q) The term “Non-Reporting Portuguese Financial Institution” means any Portuguese Financial Institution, or