(1) Notwithstanding any other provisions of this Agreement, a benefit under the Agreement shall not be granted in respect of an item of income if it is reasonable to conclude, having regard to all relevant facts and circumstances, that obtaining that benefit was one of the principal purposes of any arrangement or transaction that resulted directly or indirectly in that benefit, unless it is established that granting that benefit in these circumstances would be in accordance with the object and purpose of the relevant provisions of the Agreement.

(2) Where a benefit under this Agreement is denied to a person under the provision of paragraph (1), the competent authority of the Contracting State that would otherwise have granted this benefit shall nevertheless treat that person as being entitled to this benefit, or to different benefits with respect to a specific item of income, if such competent authority, upon request from that person and after consideration of the relevant facts and circumstances, determines that such benefits would have been granted to that person in the absence of such transaction or arrangement. The competent authority of the Contracting State to which a request has been made under this paragraph by a resident of the other Contracting State shall consult with the competent authority of that other State before rejecting the request.

(3) Considering that the main aim of the Agreement is to avoid international double taxation, the Contracting States agree that, in the event the provisions of the Agreement are used in such a manner as to provide benefits not contemplated or not intended, the competent authorities of the Contracting States shall, under the mutual agreement procedure of Article 22, recommend specific amendments to be made to the Agreement. The Contracting States further agree that any such recommendation will be considered and discussed in an expeditious manner with a view to amending the Agreement, where necessary.