Effective 1 January 2017.

1. Definitions and Interpretation.

In this CRS Policy, the following capitalised terms have the following meaning:

"Account Information" means any information relating to any account of a Customer with OCBC Bank including without limitation (and if applicable):

1. the account number;

2. account balance or value;

3. currency denomination;

4. gross receipts;

5. withdrawals and payments to or from the account;

6. the total gross amount of interest paid or credited to the account;

7. the total gross amount of interest, dividends and other income generated with respect to the assets held in the account, in each case paid or credited to the account or with respect to the account;

8. the total gross proceeds from the sale or redemption of property paid or credited to the account; and

9. the total gross amount paid or credited to the Customer with respect to the account, including the aggregate amount of any redemption payments made to the Customer.

"Applicable Laws and Regulations" mean any of the following that currently or in the future apply to OCBC Bank (i) local or foreign laws, ordinances, regulations, demands, guidance, orders, guidelines, rules and codes of practice, including whether or not relating to an intergovernmental agreement between the governments or regulatory authorities of two or more jurisdictions; and (ii) any agreement between OCBC Bank and any government or taxation authority in any jurisdiction; and including but not limited to the CRS.

"Authority" means any national, state, or local government, any political subdivision thereof, any agency, authority, instrumentality, whether judicial or administrative, regulatory or self-regulatory organisation, law enforcement body, court, central bank or tax or revenue authority in any jurisdiction whether within or outside of Malaysia.

"Controlling Person" means any natural person who exercises control over a legal person or a legal arrangement, such as a corporation, partnership, trust or foundation. 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 Person" must be interpreted in a manner consistent with the Financial Action Task Force Recommendations. Where no natural person or persons is or are identified as exercising control of the entity through ownership interests, the controlling person of the entity is deemed to be the natural person who holds the position of senior managing official.

"CRS" means the Standard for Automatic Exchange of Financial Account Information in Tax Matters, developed by the Organisation for Economic Co-operation and Development and any associated similar or analogous legislation, treaty, regulation, instruction or other official guidance of any Authority in any jurisdiction.

"Customer" means the Person who has a relationship with OCBC Bank in connection with the Services, whether alone or jointly with any other Person and, in the case of a corporation, shall include its successors and in the case of a partnership or other unincorporated entity consisting of two or more Persons, its successors, executors and personal representatives.

"OCBC Bank" means OCBC Bank (Malaysia) Berhad & OCBC Al-Amin Bank Berhad and shall include its successors and assigns.

"Person" means an individual, corporation, company, partnership, joint venture, trust, estate, limited liability company, unincorporated organisation or other entity.

"Personal Information" in respect of a Customer and any Controlling Person, means: (i) where the Customer and any Controlling Person is an individual, his/her full name, date and place of birth, residential address, mailing address, hold mail instruction or in-care-of address, contact information (including telephone number), and any taxpayer identification number (or functional equivalent), (if applicable) social security number, citizenship(s), standing instructions to transfer funds to an account, power of attorney or signatory authority granted to any person, residency(ies) and tax residency(ies) or (if applicable) such other information as OCBC Bank may reasonably require regarding such Customer and any Controlling Person; (ii) where the Customer and any Controlling Person is a corporate/entity, its full name, date and place of incorporation or formation, address, registered address, address of place of business, tax identification number (or functional equivalent), , tax status, tax residency, financial statements, registered address, address of place of business, certification of its CRS status/classification, whether it is a passive NFE (as that term is defined by Applicable Laws and Regulations) with one or more Controlling Persons, or (if applicable) such other information as OCBC Bank may reasonably require regarding each of its substantial shareholders and controlling persons.

"Services", in relation to a Customer, means, without limitation, (i) the opening, maintaining and closing of bank accounts; (ii) the issuing, maintaining, administering and terminating of insurance policies; (iii) the provision of any banking or financial services and products (including without limitation, private banking services, credit facilities, credit card services, loans, brokerage, investment banking services, corporate finance services, provision of mezzanine capital, capital market services, services in respect of treasury products and financial derivatives transactions); (iv) relationship maintenance between OCBC Bank and the Customer (including without limitation marketing and promoting banking or financial services or products); and (v) any other acts or materials of OCBC Bank ancillary to, in furtherance of or in connection with any of the (i) to (iv) above (including without limitation research and analysis).

"Tax Information" in respect of a Customer and any Controlling Person, means: (i) any documentation or information (and accompanying statements, forms, representations, waivers and consents as OCBC Bank may from time to time require or as the Customer and any Controlling Person from time to time give) relating, directly or indirectly, to the tax status of the Customer and any Controlling Person; (ii) Personal Information of the Customer and any Controlling Person; (iii) Account Information; and (iv) any other information received by OCBC Bank in relation to the Customer, including (but not limited to) information collected and maintained pursuant to AML/KYC procedures.

2. Tax Compliance Provisions

2.1 Provision of Information

1. The Customer must provide OCBC Bank with the Customer's Personal Information, and where reasonably required by OCBC Bank, the Personal Information of any Controlling Person, in such form and within such time, as OCBC Bank may from time to time require.

2. When there is a change or addition to the Personal Information of the Customer and (where applicable) any Controlling Person, the Customer must update OCBC Bank promptly (and in any event no later than 30 days from the date of the change or addition) of the change or addition if the Customer has not done so already.

3. The Customer must, and, where applicable, procure such Controlling Person to, complete and sign such documents and do such things as OCBC Bank may reasonably require from time to time for purposes of OCBC Bank's compliance with Applicable Laws and Regulations.

4. The Customer agrees that OCBC Bank may directly require any Controlling Person to provide or confirm the accuracy of their Personal Information without involving the Customer if OCBC Bank reasonably considers it appropriate.

2.2 Disclosure of Information

1. The Customer agrees that OCBC Bank may disclose the Customer's Tax Information and the Tax Information of any Controlling Person to any Authority in any jurisdiction for the purpose of ensuring OCBC Bank's compliance with Applicable Laws and Regulations.

2. The Customer waives, and, where reasonably required by OCBC Bank, agrees to procure any Controlling Person to waive, any applicable restrictions that would otherwise hinder OCBC Bank's ability to disclose Tax Information to comply with Applicable Laws and Regulations, and in particular, to disclose Tax Information in the manner described in 2.2a.

3. The Customer agrees that OCBC Bank may directly require any Controlling Person to agree to the disclosure described in 2.2a and/or waive any otherwise applicable restrictions on such disclosure, if OCBC Bank reasonably considers it appropriate.

2.3 Failure to Provide Information

The Customer agrees that:

1. where the Customer fails to comply with its obligations under 2.1 or 2.2 above; or

2. where any Controlling Person fails to comply with OCBC Bank's requirements set out in 2.1 or 2.2 above; or

3. where the Personal Information (regardless of whether such Personal Information is in relation to the Customer or any Controlling Person) is inaccurate, incomplete, misleading or is not promptly updated; or

4. for whatever reason OCBC Bank is prevented (under Malaysia law or otherwise) from disclosing the Tax Information of the Customer and/or any Controlling Person(s) to the relevant Authority as may be required by Applicable Laws and Regulations,

OCBC Bank may take one or more of the following actions at any time as may be required by OCBC Bank to ensure its compliance with Applicable Laws and Regulations:

1. refuse to provide new Services to the Customer;

2. terminate the Customer's account(s) with OCBC Bank;

3. discontinue entirely or in part OCBC Bank's relationship with the Customer;

4. provide (whether before or after taking actions as described in items 2 and 3 of this section) the Tax Information relating to the Customer and/or any Controlling Person to an Authority in any jurisdiction.

3. Customer Confirmations

By using or accepting the Services, the Customer confirms and agrees that:

1. without prejudice to the applicable terms and conditions governing the relationship between OCBC Bank and the Customer, the Customer confirms that the Customer has read this CRS Policy, has received adequate explanation, and understands the implications of this CRS Policy by which the Customer irrevocably agrees to be bound;

2. any agreement, waiver, representation and/or confirmation given in, or to be given pursuant to, this CRS Policy is irrevocable;

3. OCBC Bank is not liable for any costs or loss that the Customer (or any Controlling Person) may incur because of OCBC Bank taking any actions permitted by or exercising any powers under this CRS Policy;

4. any withdrawal or payment amount made by OCBC Bank pursuant to any Services shall be subject to this CRS Policy;

5. the Customer must obtain or, as the case may be, have obtained the requisite consent from each Controlling Person for the provision of his or her Tax Information to OCBC Bank and the disclosure of any of such Tax Information by OCBC Bank under this CRS Policy and the Customer must inform each Controlling Person of OCBC Bank's powers under this CRS Policy;

6. this CRS Policy is without prejudice, and in addition, to OCBC Bank's rights or powers under the terms and conditions governing the relationship between the Customer and OCBC Bank.

4. General

1. In the event of any conflict or inconsistency between any of the contents of this CRS Policy and other terms and conditions that govern the Customer relationship with OCBC Bank, this CRS Policy shall prevail.

2. Notwithstanding any other terms and conditions that govern the Customer's relationship with OCBC Bank (including but not limited to amendments or modification provisions of such terms and conditions), OCBC Bank may amend, update, and revise this CRS Policy unilaterally at any time as may be required by OCBC Bank to ensure its compliance with Applicable Laws and Regulations.

3. If all or any part of this CRS Policy is illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability of such provision in any other jurisdictions or the remainder of this CRS Policy in that jurisdiction.

4. It is the Customer's and each Controlling Person's responsibility to obtain independent professional advice from adequately qualified legal or tax advisors on its obligations under and the consequences of this CRS Policy. OCBC Bank do not provide tax or legal advice and are unable to advise Customers and/or Controlling Persons regarding the US federal income tax or other tax consequences that may be applicable to them in the Customer's (or the relevant Controlling Person's) particular circumstances.

What do you need to do?

You need to complete the OCBC Self-Certification Form to declare your tax residency(ies) and you may be asked to provide supporting document(s). Click below for the form.
Conventional
Islamic

For more information on how this affects you, please see our FAQ guide.

Any further queries?

If you have any further queries regarding the CRS and your tax position, please contact a tax advisor. OCBC Bank is unable to provide tax advice. You may also find useful reference at the website of the Organisation for Economic Co-operation and Development (OECD).