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NFFEs are defined in the negative as entities that are not FFIs. An NFFE is not required to report as much information as an FFi, and generally must either certify that it does not have a “substantial United States owner” or report its us owner to the relevant withholding agent in order to escape FATCA withholding. A “withholding agent” is defined in the Code as any person that controls, receives, has custody or disposal of, or pays a withholdable payment. Prior to making a withholdable payment, the withholding agent must submit the information provided by the NFFE to the IRS, or it will be liable for the withholding that would otherwise be due.83 Unlike FFIs, NFFEs are not required to enter into an agreement with the IRS to comply with their FATCA obligations.