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FATCA was framed to address instances of tax evasion by US persons who invest money aboard through offshore accounts maintained outside the territory of the US.
CFTC has stated that a foreign branch or agency of a US person would be considered a US person.
The Merger Agreement provides that Invu shareholders are to complete and return the prescribed Form of Representation to the appropriate registrar of Invu indicating, among other things, their status as either a US Person or a non-US Person.