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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.


Exchange of Information

(1) The competent authorities of the Contracting States shall exchange such information that is foreseeably relevant for carrying out the provisions of this Convention or to the administration or enforcement of the domestic laws concerning taxes of every kind or description imposed on behalf of the Contracting States or of their political subdivisions or administrative or local authorities, insofar as the taxation thereunder is not contrary to this Convention. The exchange of information is not restricted by the provisions of Articles 1 and 2 of this Convention.

(2) Any information received under paragraph (1) of this Article by a Contracting State shall be treated as confidential in the same manner as information obtained under the domestic law of that State and it shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes referred to in paragraph (1) of this Article, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.

(3) In no case shall the provisions of paragraphs (1) and (2) of this Article be construed so as to impose on a Contracting State the obligation:

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

(4) If information is requested by a Contracting State in accordance with the provisions of this Article, the other Contracting State, shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph (3) of this Article, but in no case shall such limitations be construed to allow a Contracting State to decline to supply such information solely because it has no domestic interest in such information.

(5) In no case shall the provisions of paragraph (3) of this Article be construed to allow a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, a nominee or by a person acting in an agency or a fiduciary capacity, or because such information relates to ownership interest in a person.

(6) The Contracting States shall comply with the guiding principles for the regulations of the computerized files containing data of a personal nature provided for in the Resolution 45/95 of December 14 of 1990, of the General Assembly of the United Nations.