Exchange of Information
(1) The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes of every kind and description as requested by the Contracting States, one of its political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to this Convention. The exchange of information shall not be limited by the provisions of Article 1 and Article 2 of this Convention.
(2) Any information received by a Contracting State in accordance with paragraph (1) of this Article shall be treated as confidential in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of the taxes, referred to in paragraph (1) of this Article, the enforcement or prosecution in respect of such taxes or the determination of appeals in relation to them, or the supervision of such activities. Such persons or authorities shall use this information only for such purposes. However, they may disclose the information in public court proceedings or in judicial decisions.
Subject to the preceding provision, information received by a Contracting State shall be used for other purposes when it is implied that the laws of the Contracting State require that the competent authority of the Contracting State authorize the use of such information.
(3) In no case shall the provisions of paragraphs (1) and (2) of this Article be construed as to impose upon a Contracting States the obligation:
- (a) to take administrative measures at variance with the laws and administrative practices, or of either of the other Contracting State;
- (b) to supply information which cannot be obtained under the laws or in the normal course of administrative practice, or of either of the other Contracting State;
- (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process or information, the disclosure of which would be contrary to public policy.
(4) When a Contracting State requests information in accordance with this Article, the other Contracting State shall endeavor to obtain the information pertaining to such request, even if the information is not needed for its own taxation purposes. The preceding obligation shall not be restricted by the provisions in paragraph (3) of this Article, except when such restrictions hinder a Contracting State from providing the information owing to the absence of national interest for the requested information.
(5) In no case shall the provisions of paragraph (3) of this Article be construed as permitting a Contracting State to refuse to supply such information only by the motive that this be found in possession of a bank, other financial company, an attorney or a person who acts in condition of agent or fiduciary, or because such information is related to the shares or investments made by a person.