ARTICLE 26
Exchange of Information
(1) The responsible authorities of the Contracting States will exchange that information that is obtained for the implementation of this Convention or for the administration or application of domestic law relating to taxes of every kind and designation and that are likely significant, to the extent that taxation corresponding to this law does not conflict with this Convention . Exchange of information is not restricted by Article 1 and 2.
(2) All information that a Contracting State derived in conformity with Paragraph (1) of this Article must be kept just as confirmation as the information obtained under the domestic law of this sates and may only be made accessible to persons or authorities (including the courts or administrative authorities) who are involved in the assessment or collection, the execution or criminal prosecution or with the decision on legal remedies with respect to the taxes mentioned in Paragraph (1) or with the supervision of the aforementioned persons or authorities. These persons or authorities may only use the information for these purposes. They may a court ruling. Irrespective of the provisions above, a Contracting State can use the information derived for other purposes if such information may be used for other purposes under the laws of both States and the responsible authorities of the communicating State has consented to this other use.
(3) Paragraphs (1) and (2) are not to be interpreted as if they obligated a Contracting State:
- (a) to carry out administrative measures that departs from the laws and administrative practice of this or the other Contracting State;
- (b) to issue information that cannot be obtained under the laws of or in the regular administrative procedures of this or of the other Contracting State;
- (c) to issue information that would compromise a trade, industry, business or professional secret or business process or whose dissemination would be contrary to the public order (ordre public).
(4) If a Contracting State requests information according to this Article, the other Contracting State will use the options available to it for obtaining the information requested even if it does not need this information for its own tax purposes. The obligation included in the sentence above is subject to the restrictions under Paragraph (3) of this Article, whereby these are not to be interpreted to mean that a Contracting State can refuse to issue information merely because it has no domestic interest in such information.
(5) Under no circumstances is Paragraph (3) of this Article to be interpreted to mean that a Contracting State could refuse the issue of information merely because the information is held by a bank, another type of financial institution, a proxy, representative or trustee or because it relates to the property of a person. Irrespective of Paragraph (3) of this Article or contrary provisions of domestic law, the tax authorities of the Contracting State receiving the request have the right and authority, insofar as this is necessary for the fulfilment of obligations under this paragraph, to carry out the disclosure of the information mentioned in this Paragraph.