MODE OF APPLICATION FOR EXCHANGE OF INFORMATION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SAN MARINO AND THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES REGARDING ARTICLE 25 OF THE AGREEMENT
Desiring to facilitate the exchange of information with respect to taxes in accordance with the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Income, the Government of the Republic of the San Marino and the Government of the Republic of Seychelles have added the following provisions with respect to the application of Article 25 of the Agreement.
(1) It is agreed that the competent authority of the requested State shall provide on request of the competent authority of the State requesting the information for purposes referred to in Article 25.
(2) The competent authority of the applicant State shall provide in support of its written request to the competent authority of the requested State, relevant evidences and include the following information when presenting a request for information under the Agreement, to demonstrate the foreseeable relevance of the information to the request:
- *(a) the identity of the person under examination or investigation;
- (b) the precise period on which information is requested;
- (c) the indications on the information sought, notably its nature and the form in which the applicant State wishes to receive information from the requested State;
- (d) the tax purpose for which the information is requested;
- (e) a statement of whether or not the person under examination or investigation has committed or is suspected of having committed an offence under the laws of the applicant State; and, if so, specify what offence or suspected offence, with reference to the applicable statute or other law of the applicant State;
- (f) reasons which allow the requested State to conclude that the information requested is held in the requested State or is in the possession or under the control of a person within the jurisdiction of the requested State;
- *(g) to the extent known, the name and address of any person believed to be in possession of the requested information;
- (h) a written declaration that the request is in conformity with the law, regulations and the recognised administrative practices of the requesting State, that if the requested information was within the jurisdiction of the applicant State, then the competent authority of the applicant State would be able to obtain the information under the laws of the applicant State or in the normal course of administrative practices and that it is in conformity with this Agreement;
- (i) a statement that the applicant State has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties.
(3) The competent authority of the requested State may decline to provide the requested information when the request is not made in conformity with the Agreement or in accordance with this Arrangement.
(4) Each competent authority agrees that each of them shall reimburse the other for all direct/extraordinary costs incurred in providing information pursuant to this Agreement.
Direct/extraordinary costs do not include ordinary administrative and overhead expenses incurred in reviewing and responding to information requests submitted by the requesting State. If a direct/extraordinary cost pertaining to a specific request is expected to exceed four hundred Euros, the requested State will contact the competent authority of the requesting State to determine whether the requesting State wishes to pursue the request and to bear the cost.
Examples of direct/extraordinary costs include, but are not limited to, the following:
- (i) legal fees for non-government counsel appointed or retained with approval of the competent authority of the applicant State, for litigations in the courts or pre-litigations processes of requested State related to a specific request for information;
- (ii) reasonable costs for stenographic reports of interviews, depositions or testimony;
- (iii) reasonable costs of locating, reproducing and transporting documents or records to the competent authority of the applicant State;
- (iv) fees and expenses, determined in accordance with amounts allowed under applicable law or common practices, of a person who voluntarily appears in the requested State for interview, deposition or testimony relating to a particular information request; and
- (v) reasonable remuneration for persons, if any, hired by the Government of the requested State, specifically and exclusively to administer requests received under the Agreement.
(5) The competent authorities may jointly decide, in writing, to amend this Arrangement at any time, including in the case of introducing a form of request.
Any amendment will take effect from the date of the jointly signed letter confirming the amendment.
This Arrangement shall be binding between our two Governments and shall become an integral part of the Agreement.
DONE in duplicate at New York, on September 28, 2012, in the English language.