II SÉRIE-A — NÚMERO 78 40

all issues regarding administration of the trust, and (ii) one or more U.S. persons have the authority to control all

substantial decisions of the trust, or an estate of a decedent that is a citizen or resident of the United States. This

subparagraph 1(ee) shall be interpreted in accordance with the U.S. Internal Revenue Code.

ff) The term “Specified U.S. Person” means a U.S. Person, other than: (i) a corporation the stock of which

is regularly traded on one or more established securities markets; (ii) any corporation that is a member of the

same expanded affiliated group, as defined in section 1471(e)(2) of the U.S. Internal Revenue Code, as a

corporation described in clause (i); (iii) the United States or any wholly owned agency or instrumentality thereof;

(iv) any State of the United States, any U.S. Territory, any political subdivision of any of the foregoing, or any

wholly owned agency or instrumentality of any one or more of the foregoing; (v) any organization exempt from

taxation under section 501(a) of the U.S. Internal Revenue Code or an individual retirement plan as defined in

section 7701(a)(37) of the U.S. Internal Revenue Code; (vi) any bank as defined in section 581 of the U.S. Internal

Revenue Code; (vii) any real estate investment trust as defined in section 856 of the U.S. Internal Revenue Code;

(viii) any regulated investment company as defined in section 851 of the U.S. Internal Revenue Code or any

entity registered with the U.S. Securities and Exchange Commission under the Investment Company Act of 1940

(15 U.S.C. 80a-64); (ix) any common trust fund as defined in section 584(a) of the U.S. Internal Revenue Code;

(x) any trust that is exempt from tax under section 664(c) of the U.S. Internal Revenue Code or that is described

in section 4947(a)(1) of the U.S. Internal Revenue Code; (xi) a dealer in securities, commodities, or derivative

financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as

such under the laws of the United States or any State; (xii) a broker as defined in section 6045(c) of the U.S.

Internal Revenue Code; or (xiii) any tax-exempt trust under a plan that is described in section 403(b) or section

457(g) of the U.S. Internal Revenue Code.

gg) The term “Entity” means a legal person or a legal arrangement such as a trust.

hh) The term “Non-U.S. Entity” means an Entity that is not a U.S. Person.

ii) The term “U.S. Source Withholdable Payment” means any payment of interest (including any original

issue discount), dividends, rents, salaries, wages, premiums, annuities, compensations, remunerations,

emoluments, and other fixed or determinable annual or periodical gains, profits, and income, if such payment is

from sources within the United States. Notwithstanding the foregoing, a U.S. Source Withholdable Payment does

not include any payment that is not treated as a withholdable payment in relevant U.S. Treasury Regulations.

jj) An Entity is a “Related Entity” of another Entity if either Entity controls the other Entity, or the two Entities

are under common control. For this purpose control includes direct or indirect ownership of more than 50 percent

of the vote or value in an Entity. Notwithstanding the foregoing, Portugal may treat an Entity as not a Related

Entity of another Entity if the two Entities are not members of the same expanded affiliated group as defined in

section 1471(e)(2) of the U.S. Internal Revenue Code.

kk) The term “U.S. TIN” means a U.S. federal taxpayer identifying number.

ll) The term “Portuguese TIN” means a Portuguese taxpayer identifying number.

mm) The term “Controlling Persons” means the natural persons who exercise control over an Entity. In the

case of a trust, such term means the settlor, the trustees, the protector (if any), the beneficiaries or class of

beneficiaries, and any other natural person exercising ultimate effective control over the trust, and in the case of

a legal arrangement other than a trust, such term means persons in equivalent or similar positions. The term

“Controlling Persons” shall be interpreted in a manner consistent with the Financial Action Task Force

Recommendations.

2. Any term not otherwise defined in this Agreement shall, unless the context otherwise requires or the

Competent Authorities agree to a common meaning (as permitted by domestic law), have the meaning that it has

at that time under the law of the Party applying this Agreement, any meaning under the applicable tax laws of

that Party prevailing over a meaning given to the term under other laws of that Party.

Article 2

Obligations to Obtain and Exchange Information with Respect to Reportable Accounts

1. Subject to the provisions of Article 3 of this Agreement, each Party shall obtain the information specified

in paragraph 2 of this Article with respect to all Reportable Accounts and shall annually exchange this information