(h) you are an entity established outside the European Union that, to the best of your knowledge and belief, having given due and proper consideration to your status, would constitute a non-financial counterparty (as defined in EMIR) if you were established in the European Union and the notional amounts of your relevant foreign exchange, credit, rates, equity, commodity and other derivative portfolios are lower than the thresholds for mandatory clearing stipulated in respect of EMIR 5. You make the following representation to DBAG (tick as applicable): (a) You are a US person as defined in PR Reg. _.9(b)(1) (a "PR US Person")° (b) You are a PR US Person and you are an exempt entity that will enter all non- cleared swaps with DBAG in reliance on and compliance with one of the following exemptions: () CFTC Non-Financial Entity Exemption' (i) CFTC Small Bank Exemptions (iii) CFTC Captive Finance Company Exemptions (iv) CFTC Exempt Cooperative Exemption 1° or (v) CFTC Treasury Affiliate Exemption" (c) You are not a US Person but your obligations receive a guarantee from a PR US Person, PR US Branch" or PR Foreign Consolidated Subsidiary's (a "PR US Guarantee') (d) You are not a PR US Person and your obligations do not receive a PR US Guarantee (e) You are : (i) a sovereign entity, (ii) a multilateral development bank, (iii) the Bank for International Settlements or (iv) another entity excluded from the definition of "financial end user in PR Reg. .2. 6 "PR US Person" means (i) an entity organized under the laws of the United States or any State other than a US branch, office or agency of a non-US bank or (ii) a natural person who is a resident of the United States. "CFTC Non-Financial Entity Exemption" means the exemption from margin requirements for an entity that does not meet the general definition of "financial entity" in CEA § 2(h)(7)(C)(i). 8 "CFTC Small Bank Exemption" means the exemption from margin requirements for an entity t