C. The term “document(s)” also means any container, file folder, or other enclosure bearing any marking or identification, in which other “documents” are kept; but it does not include file cabinets. In all cases where any original or non-identical copy of any original is not in the possession, custody, or control of the legal entity to which this production order is directed, the term “document(s)” shall include any copy of the original and any non-identical copy thereof. D. The word “and” should be interpreted as including “or,” and vice versa. E. The term “person” shall mean any natural person, legal entity, proprietorship, corporation, partnership, joint venture, unincorporated association, and governmental agency; or any subdivision, affiliate, officer, director, employee, agent, or other representative thereof. F. The term “beneficial owner” includes the natural person(s) who ultimately owns or controls a customer and/or the person on whose behalf the transaction is being conducted. It also incorporates those persons who exercise ultimate effective control of a legal person or arrangement, and relevant third parties. G. The term “identity” shall mean the full name, including middle name; date of birth; place of birth; national identity or passport number; all positions held during employment; dates of service; responsibilities and duties in each position; termination date, if any; and the reasons for such termination. H. “Public official” shall mean (1) any person holding a legislative, executive, administrative, or judicial office, whether appointed or elected, whether permanent or temporary, whether paid or unpaid, irrespective of that person’s seniority; (2) any other person who performs a public function, including for a public agency or public enterprise, or provides a public service. I. The terms “wire transfer” and “funds transfer” refer to any transaction carried out on behalf of a person through a financial institution by electronic means, with a view to making an amount of money available to a beneficiary person at another financial institution. The originator and the beneficiary may be the same person. J. “Cross-border transfer” means any wire transfer for which the originator and beneficiary institutions are located in different countries. The term also refers to any chain of wire transfers that involve at least one cross-border element. K. The “originator” is the account holder; where there is no account, the originator is the person who places the order with the financial institution. L. “SWIFT” refers to the Society for Worldwide Interbank Financial Telecommunications. M. “CHIPS” refers to the Clearing House Interbank Payments System. N. “Fedwire” refers to the electronic funds transfer system owned and operated by the U.S. Federal Reserve System. O. “CHAPS” refers to the Clearing House Automated Payments System, which offers same-day sterling and euro fund transfers. Claim of Privilege If any document is withheld by BANK ABC under claim of privilege, including the attorney-client privilege, BANK ABC shall furnish a schedule setting forth the date; the name and title of the author, addressee, recipient; and the subject matter of each such Sample Document Production Order for Financial Institutions
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