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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

ARTICLE 26

Exchange of Information

(1) The competent authorities of the Contracting States shall exchange such information as may be relevant for the application of the provisions of this Agreement or the administration or application of the domestic law of the Contracting States relating to taxes of every kind and description imposed for account of the Contracting States or their subdivisions policies or local communities, to the extent that the said taxation is not contrary to the Agreement. Information exchange is not restricted by Articles 1 and 2 of this Agreement.

(2) Information received under paragraph (1) of this Article by a Contracting State shall be kept secret in the same manner as information obtained under the domestic law of that State and shall be disclosed only to persons or authorities (including the courts and organs administrative) concerned by the establishment or the recovery, prosecution in respect of, or the determination of the remedies relating to the taxes referred to in paragraph (1) of this Article. Such persons or authorities may use this information only for these purposes. They can reveal information in public court proceedings or in legal decisions.

(3) In no case may the provisions of paragraph (1) and (2) of this Article be interpreted as imposing on a Contracting State the obligation:

  • (a) to carry out administrative measures at variance with the laws and administrative practice of the other Contracting State;
  • (b) to supply information which is not obtainable under the law or in the normal course of the administration of either Contracting State;
  • (c) to provide information that would disclose any trade, business, industrial, commercial, professional, or business secret or trade secret or information, the disclosure of which would be contrary to public policy.

(4) If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information-gathering powers to obtain the information requested, even if that other State may not need it on its own behalf for fiscal purposes. The obligation contained in the preceding sentence is subject to the limitations provided for in paragraph (3) of this Article, but in no case may such limitations be interpreted as allowing a Contracting State to refuse to disclose information solely because it sees no national interest in it.

(5) In no event shall the provisions of paragraph (3) of this Article be interpreted as permitting a Contracting State to refuse to disclose information solely because the information is held by a bank, other financial institution, an agent or a person acting as an agent or fiduciary authority or because it relates to a person's property rights.