Law Approving The Agreement Between The Government Of The Kingdom Of Belgium And The Government Of Montserrat, As That Mandated By The Government Of The United Kingdom Of Great Britain And Northern Ireland, For The Exchange Of Information In Matters

Original Language Title: Loi portant assentiment à l'Accord entre le Gouvernement du Royaume de Belgique et le Gouvernement de Montserrat, tel que mandaté par le Gouvernement du Royaume-Uni de Grande-Bretagne et d'Irlande du Nord, en vue de l'échange de renseignements en matière

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015253&caller=list&article_lang=F&row_id=200&numero=209&pub_date=2015-11-09&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2015-11-09 Numac: 2014015253 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 28 February 2014. -Law concerning consent to the agreement between the Government of the Kingdom of Belgium and the Government of Montserrat, as that mandated by the Government of the United Kingdom of Great Britain and Northern Ireland, for the exchange of information in tax matters, made in London on February 16, 2010, (1) (2) (3) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the agreement between the Government of the Kingdom of Belgium and the Government of Montserrat, such as mandated by the Government of the United Kingdom of Great Britain and Northern Ireland, for the exchange of information in tax matters, done at London on February 16, 2010, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 28, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of finance, K. GARG sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2257 - annals of the Senate: 07/11/2013 House of representatives (www.lachambre.be): Documents: 53-3122 - full report: 2013-12-19 (2) see the Decree of the Flemish Community / Flemish region June 7, 2013 (Moniteur belge of 3 July 2013) , the Decree of the French community of 25 June 2015 (Moniteur belge of 15 July 2015), the Decree of the German-speaking community for September 17, 2013 (Moniteur belge of 9 October 2013), the Decree of the Walloon Region from March 12, 2015 (Moniteur belge of 24 March 2015) and the order of the of the Brussels-Capital Region from November 7, 2013 (Moniteur belge of 19 November 2013).
(3) effective date: 18/11/2015 (under article 14).

Agreement between the Government of the Kingdom of Belgium and the Government of Montserrat as mandated by the Government of the United Kingdom of Great Britain and Ireland of the North for the exchange of information in tax matters the Government of Kingdom of Belgium and the Government of MONTSERRAT designated by the Government of the United Kingdom of Great Britain and Ireland of North whereas the Government of Montserrat and the Government of Belgium ("the Parties") recognise that the legislation of Montserrat
provides already the cooperation and the exchange of information in criminal tax matters;
Whereas it is recognised that Montserrat, according to the received Entrustment from the United Kingdom, has the right to negotiate, conclude and execute an exchange of tax information with the Belgium agreement;
WHEREAS the Government of the Belgium welcomes the conclusion of this agreement with the Government of Montserrat, which represents an important step in the implementation of the commitment to Montserrat on 27 February 2002, with regard to the OECD principles of transparency and exchange of information. The Belgium Government considers that this agreement demonstrates the commitment of Montserrat to comply with high standards for the effective exchange of information concerning both criminal and civil tax matters in accordance with the goals and objectives of the World Forum of the OECD on taxation. The Belgium Government recognizes that Montserrat is committed in the fight against tax abuse by implementing mechanisms that enhance transparency;
WHEREAS the Parties wish to enhance and facilitate the terms and conditions governing the exchange of information in tax matters;
AS a result, the Parties agreed to conclude the following agreement which contains only obligations for the Parties: Article 1 purpose and scope of agreement the Parties through their competent authorities, agree assistance by the exchange of likely relevant information for the administration or application of legislation internal Parties relating to taxes covered by this agreement including likely relevant information for determination, the establishment, enforcement or collection of tax in relation to persons subject to these taxes or for investigations or prosecutions in tax matters referring to these people. Information is exchanged in accordance with the provisions of this agreement and as confidential treaties as laid down in article 8.
Article 2 jurisdiction the requested Party has no obligation to provide information which are not held by its authorities or in the possession of persons within its territorial jurisdiction, or which can be obtained by persons within its territorial jurisdiction.
Article 3 taxes covered 1. This agreement shall apply to the following taxes imposed by or on behalf of the Parties: has) with regard to Montserrat, direct taxes of any nature or description;
(b) as regards Belgium, (i) the tax of natural persons;
(ii) the corporation tax;
(iii) the income tax of legal persons;
(iv) the non-resident tax;
(v) the value added tax.
2. this agreement applies to identical or similar taxes which are imposed after the date of signature of this agreement and additional to existing taxes or in place, if agreed by the Parties through their competent authorities. The competent authority of each Party shall notify the other any substantial change in its legislation likely to affect the obligations of this part resulting from this agreement. In addition, taxes covered may be extended by mutual agreement between the Contracting Parties, in the form of an exchange of letters.
Article 4 Definitions 1.
In this agreement: a) "Montserrat" means the overseas territory of the United Kingdom of Montserrat;
(b) "Belgium" means the Kingdom of Belgium; used in a geographical sense, means the territory of the Kingdom of Belgium, including the territorial sea and maritime zones and the air space over which, in accordance with international law, the Kingdom of Belgium has sovereign rights or jurisdiction;
(c) ' Fund or collective investment device' means any instrument of Group investment, regardless of its legal form;
(d) «Fund or public collective investment device» means any fund or collective investment in which device the purchase, sale or redemption of the shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
(e) "company" means any legal person or any entity considered fiscally as a legal person;
(f) ' competent authority' means: (i) with regard to Montserrat, the Comptroller of Inland Revenue, and (ii) in relation to the Belgium, the Minister of finance or his authorized delegate;
(g) "criminal law" means any criminal provision described as such in internal law, as it appears in the tax legislation, in criminal law or in other legislation.
(h) "criminal tax matters" means tax matters involving intentional, before or after the entry into force of the present agreement, which is subject to prosecution under the criminal law of the requesting party;
(i) "information" means any fact, statement or document, regardless of the form.
(j) "information gathering measures" means laws and regulatory provisions and administrative or judicial procedures enabling a requested party to obtain and provide the information requested;
(k) ' person' means an individual, a company or any other group or group of people;
(l) "principal class of shares" means the classes of shares representing a majority of the voting rights and of the value of the company;
(m) "company" means any company whose principal class of shares is listed on a recognized stock exchange, the publicly traded shares of the company to be able to be bought or sold easily by the public. The shares can be bought or sold "by the public" If the purchase or the sale of the shares is not implicitly or explicitly restricted to a limited group of investors;
(n) "recognized stock exchange" means any stock exchange determined by mutual agreement by the competent authorities of the Parties;
(o) "requested Party" means the party to this agreement to which information is requested or which has provided information in response to a request;
(p) "requesting party" means the party to this agreement submitting a request for information or who has received information from the requested Party;
(q) "tax" means any tax covered by this agreement.
2. for the purposes of this agreement at any time by a party, any term or any term which is not defined is, unless the context requires a different interpretation, the meaning ascribed to that time the law of that party, the meaning attributed to this term or expression by the tax law of that party prevailing on the meaning attributed to it by the other branches of the law of that party.
Article 5 Exchange of information on request 1. The competent authority of the requested Party

provide, on written request of the applicant, the information for the purposes referred to in article 1.
This information should be exchanged, regardless of whether the requested Party is whether or not to need for its own tax purposes and that the Act the subject of the investigation is a criminal offence under the law of the requested party if it had occurred on the territory of that party. The competent authority of the requesting party fails to submit a request for information under this section when it is not able to obtain the information by other means, except when these other means would give rise to disproportionate difficulties.
2. If the information in the possession of the competent authority of the requested Party is not sufficient for him to respond to the request for information, the requested Party shall take all appropriate measures collection of information necessary to provide the information requested, the requesting party even if the requested Party has no need of such information for its own tax purposes.
3. on request of the competent authority of the requesting party, the competent authority of the requested Party provides the information referred to in this article, insofar as its law permits, in the form of depositions of witnesses and certified copies of original documents.
4. Notwithstanding any contrary provision in its domestic legislation, each party has the right, subject to the terms of articles 1 and 2 of this agreement, to obtain and provide: a) information held by banks, other financial institutions, trusts (trusts), foundations and any person acting as an agent or trustee;
(b) information concerning the ownership of companies, partnerships, investment funds, trusts (trusts), foundations and other persons, including information concerning all these people when they are part of a string of property, and (i) in what concerns the collective investment devices, information on stocks, shares and other equity;
(ii) in relation to trusts (trusts), information on the constituents (settlors), Trustees (trustees), the protectors (protectors) and beneficiaries;
(iii) with regard to foundations, information on the founders, the members of the Board of the Foundation and beneficiaries;
and (iv) in relation to persons who are neither devices of collective investment nor trusts (trusts) or foundations, equivalent information to the information mentioned in sub-paragraphs (i) to (iii).
In addition, this agreement does not require the Parties to obtain or provide information concerning listed companies ownership or of funds or public collective investment schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. a Contracting Party may request information from the other party even if the applicant could not obtain this information for its own purposes under its right or in the normal course of its administrative practices if the requested information fell within its jurisdiction.
6. inquiries is formulated as comprehensively as possible and accurate writing: a) the identity of the person being the object of a control or an investigation;
(b) the period for which the information is requested;
c) the nature of the information requested and the form in which the requesting party would prefer to receive them;
d) the tax purpose in which the information is requested;
e) reasons which suggest that the requested information is likely to be relevant to the administration or enforcement of tax of the applicant referred to in article 3 in relation to a person identified in subparagraph) of this paragraph;
(f) the reasons which give suggests that the requested information are located in the requested Party or is in the possession of a person within the jurisdiction of that party, or may be obtained by a person within the jurisdiction of that party;
(g) insofar as they are known, the name and address of any person who he has reason to believe that it is in possession of the requested information or that it is able to obtain them;
(h) a statement that the application is consistent with this agreement;
(i) a statement that the requesting party has used to get information all means available in its own territory, except those that would give rise to disproportionate difficulties.
7. Notwithstanding the provisions of section 10 including, the competent authority of the requested Party as soon as possible transmits the applicant the information requested. To ensure an answer fast: has) the competent authority of the requested party acknowledges receipt of the application in writing to the competent authority of the requesting party and, within 60 days of receipt of the application, notify the authority of any deficiencies in the application; and (b) if the competent authority of the requested party could obtain and provide the information within 90 days of receipt of the application, including where she encounters obstacles to provide information or refuses to provide the information, it shall immediately inform the requesting party, stating the reasons for the inability in which it finds itself to provide the information the nature of the obstacles or the reasons for his refusal.
Article 6 fiscal controls abroad 1.
The competent authority of the requesting party may request that the competent authority of the requested Party allow representatives of the competent authority of the requesting party to enter the territory of the requested party to interview individuals and examine documents, with the prior written consent of individuals, or other relevant persons. The competent authority of the applicant made within a reasonable time to the competent authority of the requested Party the date and place of the meeting with concerned individuals.
2. at the request of the competent authority of the requesting party, the competent authority of the requested Party may allow representatives of the competent authority of the requesting party to attend a tax audit on the territory of the requested Party.
3. If the request referred to in paragraph 2 is accepted, the competent authority of the requested Party that leads the control made known as soon as possible, the competent authority of the requesting party the date and location of the control, the authority or the person authorized to conduct the inspection and the procedures and conditions required by the part required for the conduct of the control. Any decision relating to the conduct of fiscal control is taken by the requested Party which leads the control.
4. the visit of tax officials of a party in the territory of the other party takes place in accordance with the guidelines contained in the annex.
Article 7 possibility of declining a request 1. The competent authority of the requested Party may refuse assistance: a) where the application is not submitted in accordance with this agreement;
(b) where the applicant has not used to obtain information all means available in its own territory, except where recourse to such means would give rise difficulties disproportionate;
or c) when disclosure of the information requested would be contrary to public order.
2. this Agreement shall oblige not a party required to provide information that would reveal a commercial, industrial or professional secret or trade process, on the understanding that the information referred to in article 5, paragraph 4 will not, for this reason alone, treated as a secret or commercial process.
3. a request for information may be refused on the ground that the tax claim that the subject of the application is disputed by the taxpayer.
4. the requested Party may deny a request for information if the information is requested by the applicant to apply or enforce a provision of the tax legislation of the requesting party, or any obligation thereto, which is discriminatory against a citizen of the requested party to a citizen of the requesting party in the same circumstances.
((5. the provisions of this Agreement shall not oblige a Contracting Party to obtain or provide information that would disclose confidential between a client and a legal professional advisor when communications these communications: a) were intended to ask for or provide legal advice, or b) are intended to be used in ongoing legal proceedings or contemplated;
This paragraph does not, however, prevent a lawyer to provide the name and address of a customer where this does not constitute a violation of privacy (legal privilege).
Article 8 confidentiality 1. Any information received by a Contracting Party under this agreement is kept confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) within the jurisdiction of that contracting party affected by the establishment, collection, recovery or enforcement of the taxes covered by this agreement, or by legal proceedings or decisions

recourse to these taxes. These persons or authorities may use this information for these purposes only. They can be reported at public hearings in courts or in judicial decisions.
2. the information may be disclosed to any other person, entity or authority or any other foreign authority without written permission express of the competent authority of the requested Party.
Article 9 protection rights and protections afforded to persons pursuant to laws or regulations or administrative practice of the requested party remain applicable. These rights and protections can be applied by the requested Party in a manner such that they impede or unduly delay effective exchange of information.
Article 10 costs unless the competent authorities has Parties agree otherwise, the indirect costs incurred in providing assistance shall be borne by the requested Party, and the direct costs incurred in providing assistance (including costs resulting from recourse to external as part of litigation or other purposes consultants) are borne by the requesting party. The competent authorities shall periodically consult about this article; in particular, the competent authority of the requested Party shall consult in advance the competent authority of the requesting party if it is expected that the provision of information concerning a specific request gives rise to significant costs.
Article 11 implementing Contracting Parties adopt any legislation necessary to comply with this agreement and give it effect.
Article 12 language requests for assistance as well as responses to these requests are written in English.
Article 13 mutual agreement Procedure 1. In case of difficulties or doubts between the Parties regarding the implementation or interpretation of this agreement, the competent authorities shall endeavour to settle the question by mutual agreement.
2. in addition the agreements referred to in paragraph 1, the competent authorities of the Parties may determine by mutual agreement procedures in application of articles 5, 6 and 10.
3. the competent authorities of the Parties may communicate with each other directly when they are looking for an agreement pursuant to this section.
Article 14 entry into force 1. This agreement shall enter into force on the thirtieth (30th) day following the later of the dates which each party has notified the other in writing constitutional or other formalities required in their respective party.
3. upon entry into force, the provisions of this agreement will take effect: a) in criminal matters, on the date of entry into force;
(b) for all other matters referred to in article 1, to the date of entry into force, but only as regards the taxable periods commencing from that date or, in the absence of taxable period, all taxation taking birth from that date.
Article 15 denunciation 1. Each of the Parties may denounce this agreement by notifying the notification in writing.
2. Such denunciation shall take effect on the first day of the month following the expiration of a period of three months from the date of receipt of the notification of denunciation by the other party. All applications received up to the effective date of denunciation will be treated in accordance with the terms of this agreement.
3. the party which denounces the agreement remains bound by the provisions of article 8 to all information obtained pursuant to this agreement.
IN witness whereof the undersigned, being duly authorized by their respective Governments, have signed this agreement.
MADE in London, February 16, 2010, in duplicate, in the English language.

Annex guidelines for the PRESENCE of officials tax of a party in the territory of the other party subject to the following provisions, officials of the IRS of a party may be present on the territory of the other party to gather all information relevant to the determination of the tax on the income and the tax on the value added of a party or both Parties.
A. General a request to authorize the presence of tax officials of a party during a check carried out on the territory of the other party is introduced in special cases. These include: a. cases which present evidence of irregularities or cross-border fraud on a large scale in one of the two or both Parties;
b. cases whose complexity makes the presence of these officials desirable;
v. cases whose prescription is close and for which the presence of these officials can accelerate control;
d. controls in common in the context of bilateral or multilateral controls.
The competent authorities may authorise the presence of tax officials of a party in the territory of the other party in other cases than those referred to in point A above.
Based on reciprocity, a Party permits, in similar cases, the presence on its territory of tax officials of the other party.
B. Conditions of presentation of an application the application of tax officials of a party in the territory of the other party is motivated, in writing and targets a specific control.
She noted the steps taken by the applicant to obtain the desired information. The competent authority of the requested Party shall take a decision no later than within three months from the date of receipt of the application. In an emergency, duly motivated decision is taken within one month.
If the request is accepted, the competent authority of the requested Party shall inform, as soon as possible, the competent authority of the applicant of the date and place of control as well as the identity of the authority or the tax officer assigned to check.
C. conduct of the tax control is carried out by tax officials of the requested Party. Officials visitors are allowed to be present during the parts of the control that can be interesting for the control of the applicant. Officials visitors comply with the legislation of the requested Party.
At their request, visitors officials access to accounts, documents and other media data and information that may be interesting in the context of the control.
Subject to the provisions of the legislation of the party in the territory of which held control, officials visitors obtain, on request, copies or photocopies of the data and information mentioned above - before.
The applicant cannot use the data and information gathered for the control carried out in either party before they have been communicated through the competent authorities.
D. Identification tax officials of a party whose presence is expected on the territory of the other party specifically designated in writing and shall be provided with an official authorization which shows that they are acting on behalf of the first part. In all cases, the officials must be able to prove their quality by means of a commission or other proof of identity provided by the service to which they belong.

AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF MONTSERRAT AS AUTHORISED BY THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND ON THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS THE GOVERNMENT OF THE KINGDOM OF BELGIUM AND THE GOVERNMENT OF MONTSERRAT As authorised by the Government of the United Kingdom of Great Britain and Northern Ireland Whereas the Government of Montserrat and the Government of Belgium ("the Parties") recognise that Montserrat's
present legislation already provides for cooperation and the exchange of information in criminal tax matters;
Whereas it is acknowledged that Montserrat under the terms of its Entrustment from the United Kingdom has the right to negotiate, conclude and implement a tax information exchange agreement with Belgium;
Whereas the Government of Belgium welcomes the conclusion of this Agreement with the Government of Montserrat, which represents an important step in delivering the commitment made to the OECD Montserrat on the 27th February 2002 to respect the principles of transparency and exchange of information. The Government of Belgium considers that this Agreement demonstrates Montserrat's commitment to high standards for effective exchange of information with respect to both criminal and civil tax matters, consistent with the aims and objectives of the OCED Global Forum on Taxation. The Government of Belgium recognizes that Montserrat is committed to combating tax abuse by putting in place mechanisms which enhance transparency;
Whereas the Parties wish to enhance and facilitate the terms and conditions governing the exchange of information with respect to taxes;
Now, therefore, the Parties have agreed to conclude the following Agreement which contains obligations on the part of the Parties only: Article 1 Object and Scope of the Agreement The Parties, through their competent authorities, shall provide assistance through exchange of information that is foreseeably relevant to the administration or enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement , including information that is foreseeably relevant to the determination, assessment,

enforcement or collection of tax with respect to persons subject to such taxes or to the investigation or prosecution of tax matters in relation to such persons. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8.
Article 2 Jurisdiction A requested Party is not obliged to provide information which is neither held by its authorities, nor in the possession of, nor obtainable by persons who are within its territorial jurisdiction.
Article 3 Taxes Covered 1. This Agreement shall apply to the following taxes imposed by or on behalf of the Parties: a) in the case of Montserrat, direct taxes of every kind and description.
(b) in the case of Belgium, (i) the individual income tax;
(ii) the corporate income tax;
(iii) the income tax on legal entities;
(iv) the income tax on non-residents;
(v) the value added tax.
2 This Agreement shall apply also to any identical or substantially similar taxes imposed after the date of signature of this Agreement in addition to or in place of the existing taxes if the Parties, through their competent authorities, so authorized. The competent authority of each Party shall notify the other of any substantial changes in laws which may affect the obligations of that Party pursuant to this Agreement.
Furthermore, the taxes covered may be expanded by mutual agreement of the Contracting Parties in the form of an exchange of letters.
Article 4 Definitions 1. In this Agreement: a) "Montserrat" means the United Kingdom Overseas Territory of Montserrat;
(b) "Belgium" means the Kingdom of Belgium; used in a geographical sense, it means the territory of the Kingdom of Belgium, including the territorial sea and any other area in the sea and in the air within which the Kingdom of Belgium, in accordance with international law, exercises sovereign rights or its jurisdiction;
(c) "collective investment fund or scheme" means any pooled investment vehicle, irrespective of legal form;
(d) "public collective investment fund or scheme" means any collective investment scheme or fund in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
(e) "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;
(f) "competent authority" means, (i) in the case of Montserrat, the Comptroller of Inland Revenue and (ii) in the case of Belgium, the Minister of Finance or his authorised representative;
(g) "criminal laws" means all criminal laws designated as such under domestic law, irrespective of whether such are contained in the tax laws, the criminal code or other statutes;
(h) "criminal tax matters" means tax matters involving intentional conduct whether before or after the entry into force of this Agreement which is liable to prosecution under the criminal laws of the requesting Party;
(i) "information" means any fact, statement, document or record in whatever form;
(j) "information gathering measures" means laws and administrative or judicial procedures enabling a requested Party to obtain and provide the information requested;
(k) "person" means an individual, a company or any other body or group of persons;
(l) "principal class of shares" means the class or classes of shares representing a majority of the voting power and value of the company;
(m) "publicly traded company" means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold "by the public" if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors;
(n) "recognised stock exchange" means any stock exchange agreed upon by the competent authorities of the Parties;
(o) "requested Party" means the Party to this Agreement which is requested to provide information or has provided information in response to a request;
(p) "requesting Party" means the Party to this Agreement submitting a request for or having received information from the requested Party;
(q) "tax" means any tax covered by this Agreement.
2 As regards the application of this Agreement at any time by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.
Article 5 Exchange of Information Upon Request 1. The competent authority of the requested Party shall provide upon request in writing by the requesting Party information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested Party if it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. if the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use all appropriate information gathering measures to provide the requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes.
3 if specifically requested by the competent authority of the requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Notwithstanding any contrary provisions in its domestic laws, each Party shall have the authority, subject to the terms of Articles 1 and 2 of this Agreement, to obtain and provide to: has) information held by banks, other financial institutions, trusts, foundations and any person, including nominees and trustees, acting in an agency or fiduciary capacity;
(b) information regarding the ownership of companies, partnerships, collective investment schemes, trusts, foundations and other persons, including information on all persons in an ownership chain, and (i) in the case of collective investment schemes, information on shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees, protectors and beneficiaries;
(iii) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and (iv) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iii).
Further, this Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies public or collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. A Contracting Party may request information from the other Party even if that requesting Party would not be able to obtain such information for its own purposes under its laws or in the normal course of its administrative practice if the requested information was within its jurisdiction.
6. Any request for information shall be formulated with the greatest possible details and shall specify in writing: a) the identity of the person under examination or investigation;
(b) the period for which the information is requested;
(c) the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the tax purpose for which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to the administration or enforcement of the taxes of the requesting Party covered under Article 3, with respect to a person identified in subparagraph (a) of this paragraph;
(f) grounds for believing that the information requested is present in the requested Party or is in the possession of or obtainable by a person within the jurisdiction of the requested Party;
(g) to the extent known, the name and address of any person believed to be in possession of, or able to obtain the requested information;
h) a statement that the request is in conformity with this Agreement;
i) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulty.
7 Notwithstanding the provisions of Article 10 in particular, the competent authority of the Requested Party shall forward the requested information as promptly as possible to the Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall: a) confirm receipt of a request in writing to the competent authority of the Applicant Party and shall notify the competent authority of the Applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request; and b) if the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal.
Article 6 Tax

Examinations Abroad 1. The competent authority of the requesting Party may request that the competent authority of the requested Party allows representatives of the competent authority of the requesting Party to enter the territory of the requested Party to interview individuals and examine records with the written prior consent of the individuals or other persons concerned. The competent authority of the requesting Party shall give reasonable notice to the competent authority of the requested Party of the time and place of the intended meeting with the individuals concerned.
2 At the request of the competent authority of the requesting Party, the competent authority of the requested Party may allow representatives of the competent authority of the requesting Party to expects a tax examination in the territory of the requested Party.
3 if the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the tax examination shall be made by the requested Party conducting the examination.
4 The presence of tax officials of one Party in the territory of the other Party shall take place in conformity with the provisions of the guidelines contained in the appendix.
Article 7 Possibility of Declining a Request 1.
The competent authority of the requested Party may decline to assist: a) where the request is not made in conformity with this Agreement;
(b) where the requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or c) where the disclosure of the information requested would be contrary to public policy.
2 This Agreement shall not impose there requested Party any obligation to provide information which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information described in Article 5 (4) shall not by reason of that fact alone be treated as secret a gold trade process.
3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed by the taxpayer.
4. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a citizen of the requested Party as compared with a citizen of the requesting Party in the same circumstances.
5. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information which would reveal confidential communications between a client and a professional legal advisor where such communications are: a) produced for the purposes of seeking or providing legal advice; Gold b) produced for the purposes of use in existing or contemplated legal proceedings.
but this paragraph shall not prevent an attorney, solicitor or barrister from providing the name and address of a customer where doing so would not constitute a breach of legal privilege.
Article 8 Confidentiality 1.
Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions.
2 The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party.
Article 9 Safeguards The rights and safeguards secured to persons by the laws or administrative practices of the Requested Party remain applicable. The rights and safeguards may not be applied by the Requested Party in a manner that unduly prevents or delays effective exchange of information.
Article 10 Costs Unless the competent authorities of the Parties otherwise agree, indirect costs incurred in providing assistance shall be borne by the requested Party, and direct costs incurred in providing assistance (including costs of engaging external advisers in connection with litigation or otherwise) shall be borne by the requesting Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the requesting Party in advance if the costs of providing information with respect to a specific request are expected to be significant.
Article 11 Implementing Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement.
Article 12 Language Requests for assistance and responses thereto shall be drawn up in English.
Article 13 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement.
2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5, 6 and 10.
3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article.
Article 14 Entry into Force 1.
This Agreement shall enter into force on the thirtieth (30th) day after the later of the dates on which each of the Parties has notified the other in writing that the formalities constitutionally or otherwise required in their respective Party have been complied with.
2. Upon entry into force, the provisions of this Agreement shall have effect: a) for criminal matters on the date of entry into force;
(b) for all other matters covered in Article 1 on the date of entry into force but only in respect of taxable periods beginning on or after that date, where there is no. taxable period, all charges arising on or after that date.
Article 15 Termination 1.
Either Party may terminate the Agreement by giving a notice of termination in writing.
2 Such termination shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notice of termination by the other Party. All requests received up to the effective date of termination will be dealt with in accordance with the terms of this Agreement.
3. A Party that terminates the Agreement shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement.
DONE in duplicate at London, this February 16, 2010, in the English language.

Appendix GUIDELINES FOR THE PRESENCE OF TAX OFFICIALS OF ONE PARTY IN THE TERRITORY OF THE OTHER PARTY Subject to the following provisions tax administration officials of one Party may be present on the territory of the other Party in order to obtain any information which is useful for determining the tax on income and the value added tax of one or both Parties.
A. General A request to allow tax officials of one Party to be present during an examination on the territory of the other Party should be submitted in special cases. This includes in particular: a. cases in which there are indications of significant cross - border irregularities or fraud in one or both Parties;
b. complex cases which make the presence of the tax officials desirable;
c. boxes where there is a risk of the time limit being exceeded, and where the presence of the tax officials can accelerate the examination;
d. common examinations within the framework of bilateral or multilateral examinations.
The competent authorities may allow the presence of tax officials of one Party in the territory of the other Party in cases other than those referred to in 1. above.
On the basis of reciprocity has Party shall in similar boxes allow the presence of tax officials of the other Party in its territory.
B. Conditions for submitting a request The request for the presence of tax officials of a Party in the territory of the other Party shall be well-founded, shall be submitted in writing, and shall concern a particular examination.
It shall specify the steps that the requesting party has taken to obtain the required information. The competent authority of the requested Party shall make a decision at the latest within three months counting from the date when the request was received. In urgent cases - which must be well-founded - a decision shall be made within one month.
If the request is granted, the competent authority of the requested Party shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination and of the identity of the authority or tax official designated to carry out the examination.
C. Conducting the examination The examination shall be carried out by tax officials from the requested Party. The visiting officials shall be authorised to be present

During those parts of the examination which may be interesting for the examination of the requesting Party. The visiting officials shall comply with the legislation of the requested Party.
The visiting officials may inspect, upon request, accounts, documents and other data and information carriers which may be interesting within the framework of the examination.
Subject to the legislative provisions of the Party in the territory of which the examination takes place, the visiting officials shall obtain, upon request, a copy and/or photocopy of the above-mentioned data and information.
The requesting Party may not make use of the data and information obtained within the context of the examination which is carried out in the other Party until it has been provided through the competent authorities.
D. Identification Tax officials of a Party who are to be present in the territory of the other Party shall be specifically designated for that purpose in writing and shall carry an official authorisation certificate showing that they are acting on behalf of the first-mentioned Party. In any case the officials must be able to prove their status by means of a commission certificate or any other certificate issued by the Agency to which they belong.