SECTION 4. DOCUMENTATION

REQUIREMENTS

Sec. 4.01. Documentation Require- ments. WP agrees to obtain, review, and maintain Forms W–8 and W–9 in accordance with this Section 4. WP must obtain a Form W–8 or W–9 from every direct partner prior to the time that withholding is required. WP agrees to make documentation (together with any associated withholding statements and other documents or information) available upon request for inspection by WP's external auditor. WP represents that none of the laws to which it is subject prohibits disclosure of the identity of any partner or corresponding partner information to WP's external auditor. WP may rely on the Forms W–8 and W–9 it obtains under this Section 4 as the basis for determining its withholding and reporting obligations.

Sec. 4.02. Documentation for For- eign Partners. WP may treat a direct partner as a foreign beneficial owner if the direct partner provides a Form W–8 that supports such status. WP may treat a direct partner that has provided a Form W–8 as entitled to a reduced rate of NRA withholding if all the requirements for a reduced rate are met and the Form W–8 provided by the direct partner supports entitlement to a reduced rate. Sections 4.03 through 4.06 of this Agreement describe the specific documentation requirements necessary for obtaining a reduced rate of withholding in certain circumstances.

Sec. 4.03. Treaty Claims. WP may not reduce the rate of withholding based on a direct partner's claim of treaty benefits unless WP obtains from the partner a Form W–8BEN with Part II of the form properly completed, including the appropriate limitation on benefits and section 894 certifications.

Sec. 4.04. Documentation for Inter- national Organizations. WP may not treat a direct partner as an international organization entitled to an exemption from withholding under section 892 of the Code unless WP obtains a Form W–8EXP from the international organization and the name provided on the Form W–8EXP is the name of an entity designated as an international organization by executive order pursuant to 22 United States Code

August 11, 2003 314 2003-32 I.R.B.

treat a partner as a U.S. non-exempt recipient unless WP obtains a Form W–9 from the partner.

Sec. 4.10. Documentation Validity. WP may not rely on Forms W–8 or W–9 if WP has actual knowledge or reason to know that the information or statements contained in the forms are unreliable or incorrect. Once WP knows, or has reason to know, that a Form W–8 or W–9 provided by a direct partner is unreliable or incorrect, WP must obtain a new Form W–8 or W–9 prior to the time withholding is required.

Sec. 4.11. Documentation Validity Period.

(A) Form W–8. WP may rely on a properly completed Form W–8 until its validity expires under Treas. Reg. § 1.1441–1(e)(4)(ii).

(B) Form W–9. WP may rely on a properly completed Form W–9 as long as it has not been informed by the IRS or another withholding agent that the form is unreliable.

Sec. 4.12. Maintenance and Retention of Documentation.

(A) Maintaining Documentation. WP shall maintain Forms W–8 and W–9 by retaining the original documentation, a certified copy, a photocopy or a microfiche, or by electronic storage or similar means of record retention.

(B) Retention Period. WP shall retain a direct partner's Form W–8 or W–9 obtained under this Section 4 for as long as it may be relevant to the determination of WP's tax liability under this Agreement.