Other services - Poland

Compliance

The U.S.A. asserts jurisdiction over transactions involving securities issued or held for custody in the U.S.A., even where the link between the transaction and the U.S.A. is quite attenuated. Some U.S. economic sanctions laws have extraterritorial effect and others impose or threaten third parties' actions with secondary boycotts, which may affect the third parties' access to U.S. financial or other markets. U.S. financial institutions and, in some cases, their foreign-incorporated subsidiaries and affiliates, are subject to U.S. regulations, even when operating outside the U.S.A. Clearstream intermediates transactions involving securities in which the U.S.A. is the jurisdiction of issuance or custody. Clearstream also engages U.S. financial institutions to provide custody, depository and other services in selected non-U.S. jurisdictions based on the quality of the services offered and Clearstream’s other requirements. Such U.S.-owned or controlled institutions may be required to refuse or even block/freeze transactions directly or indirectly involving parties subject to U.S. economic sanctions regulations, regardless of the law of the jurisdiction in which the U.S. institution operates. Clearstream conducts its business to comply with all laws applicable to Clearstream. Accordingly, Clearstream may not be able to complete or may refuse or block/freeze transactions in or through a Clearstream account that, in Clearstream's judgment, may expose Clearstream to U.S. laws and regulations even where neither Clearstream nor the client is directly subject to such laws, but where Clearstream’s chosen custodian or depository is subject to such laws.

Where a U.S.-linked institution serves as Clearstream’s custodian or depository, the client acknowledges and accepts the obligation to comply and ensure compliance by any of the client’s underlying clients, up to the ultimate [legal and] beneficial owner, with any U.S. law, regulation, sanction, order, judgment, injunction, asset freeze, blocking regulation or order or any other act or action of, or by, any national or foreign government, authority, court, (self-) regulatory organisation, government agency or instrumentality of government, including, but not limited to, investment and holding restrictions (“U.S. Regulations”) applicable to any of the client, its underlying clients or Clearstream. The client shall not hold or seek to hold Clearstream liable for actions by Clearstream’s chosen custodian or depository to comply with U.S. Regulations applicable to such custodian or depository. The client shall not, by action or inaction, cause Clearstream to violate a U.S. Regulation and shall be liable for and hold Clearstream harmless against any direct or indirect loss, claim, damage, liability or expense, imposed on or incurred by or asserted against Clearstream in connection with any actual or alleged non-compliance with the aforesaid by the client or any underlying client of such client up to the ultimate [legal and] beneficial owner.

Please also refer to the Resource Center of the U.S. Department of the Treasury.

Disclosure requirements

Please refer to the Investment regulation section of the Market Profile - Poland and to the Disclosure Requirements - Poland.

It is the responsibility of the Clearstream client to ensure compliance with local disclosure requirements. If a requirement is not met, it is the client who will be liable to any related penalty. Clients may wish to seek independent legal advice on the interpretation of Polish disclosure requirements.

Holding restrictions

Please refer to the Investment regulation section of the Market Profile.

Tax services

Please refer to the Poland Tax area.