Law Approving The Agreement Between The Kingdom Of Belgium And The Principality Of Liechtenstein For The Exchange Of Information In Tax Matters, Done At Brussels On November 10, 2009 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord entre le Royaume de Belgique et la Principauté de Liechtenstein en vue de l'échange de renseignements en matière fiscale, fait à Bruxelles le 10 novembre 2009 (1) (2) (3)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015158&caller=list&article_lang=F&row_id=400&numero=464&pub_date=2014-12-04&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-12-04 Numac: 2014015158 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 28 February 2014. -Law approving the agreement between the Kingdom of Belgium and the Principality of Liechtenstein for the exchange of information in tax matters, done at Brussels on November 10, 2009 (1) (2) (3) PHILIPPE, King of the Belgians, has 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 Kingdom of Belgium and the Principality of Liechtenstein for the exchange of information in tax matters, done at Brussels on November 10, 2009, will release its full and complete effect.
Promulgate this Act, order that it self 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: 5-2203.
Annals of the Senate: 2013-11-7.
House of representatives (www.lachambre.be): Documents: 53-3115.
Full record: 19/12/2013.
(2) see the Decree of the Flemish community / the Flemish Region's June 7, 2013 (Moniteur belge of 27 June 2013), the Decree of the French community of 11 April 2014 (Moniteur belge of May 26, 2014 - Ed 1), the Decree of the German-speaking community of 24 June 2013 (Moniteur belge of 25 July 2013), the Decree of the Walloon Region from April 28, 2014 (Moniteur belge of 27 May 2014 - Ed 1) and order of the Brussels-Capital Region from 11 July 2013 (Moniteur belge of 23 July 2013 - Ed. 1).
(3) effective date: 12/06/2014.

AGREEMENT BETWEEN THE KINGDOM OF BELGIUM AND THE PRINCIPALITY OF LIECHTENSTEIN FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS the Government of the Kingdom of Belgium And The Government of the Principality of Liechtenstein, herein referred to as "the Contracting Parties", whereas the Contracting Parties recognise that the well-developed economic ties between the Contracting Parties call for further cooperation;
whereas the Contracting Parties wish to develop their relationship further by cooperating to their mutual benefits in the field of taxation;
whereas the Contracting Parties wish to strengthen the ability of both Contracting Parties to enforce their respective tax laws.
and whereas the Contracting Parties wish to establish the terms and conditions governing the exchange of information on tax matters;
have agreed as follows: Article 1 Object and Scope of the Agreement The Contracting Parties, through their competent authorities, shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement, including information that is foreseeably relevant to the determination, assessment and collection of such taxes with respect to persons subject to such taxes or to the investigation in gold prosecution of
criminal 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.
The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable.
Article 2 Jurisdiction A requested Party is not obliged to provide information which is neither held by its authorities, nor in the possession or control of persons who are within its territorial jurisdiction.
Article 3 Taxes Covered 1.
This Agreement shall apply to the following taxes: a) in the case of Liechtenstein, (i) the personal income tax (Erwerbssteuer);
(ii) the corporate income tax (Ertragssteuer);
(iii) the corporation tax (Gesellschaftssteuern);
(iv) the real estate capital gains tax (Grundstucksgewinnsteuer);
(v) the wealth tax (Vermögenssteuer);
(vi) the coupon tax (Couponsteuer);
(vii) the estate, inheritance and gift taxes (Nachlass-, Erbanfalls-und Schenkungssteuern); and (viii) the value added tax, 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; and (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 Contracting Parties, through their competent authorities, so authorized. The competent authority of each Contracting Party shall notify the other of any substantial changes in laws which may affect the obligations of that Party pursuant to this Agreement.
3 This Agreement shall not apply to taxes imposed in both Contracting Parties by gold on behalf of its political subdivisions or local authorities until the date on which Belgium shall notify Liechtenstein through diplomatic channels that Belgium agrees on such application.
Article 4 Definitions 1.
In this Agreement, unless otherwise defined: a) "Liechtenstein" means the Principality of Liechtenstein, and, when used in a geographical sense, the area in which the tax laws of the Principality of Liechtenstein apply;
(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 units, shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
(e) "company" means any body corporate, as well as entities and special asset endowments that are treated as a body corporate for tax purposes;
(f) "competent authority" means, (i) in the case of Liechtenstein, the Government of the Principality of Liechtenstein or its authorised representative;
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 which is liable to prosecution under the criminal laws of the requesting Party;
(i) "information" means any fact, statement or record in whatever form;
(j) "information gathering measures" means administrative or judicial procedures enabling a requested Party to obtain and provide the information requested;
(k) "person" means an individual, a company, a sleeping inheritance and any other body of persons;
(l) "principal class of shares" means the class or classes of shares representing a majority of the voting power or of the statutory capital 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 that fulfils the material requirements of Article 4 of the directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004;
(o) "requested Party" means the Contracting Party to this Agreement which is requested to provide information or has provided information in response to a request;
(p) "requesting Party" means the Contracting 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 Contracting Party, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree on a common meaning pursuant to the provisions of Article 10 of this Agreement, have the meaning that it has at that time under the laws of that Contracting Party any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party.
Article 5 Exchange of Information Upon Request 1.
The competent authority of the requested Party shall provide upon request 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 available in its own territory, 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, at that time, 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 ensure that its competent authorities have the authority, subject to the terms of Articles 1 and 2 of this Agreement, to obtain and to provide upon request: a) information held by banks, other financial institutions 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 and other persons, including: (i) within the constraints of Article 2, ownership information on all such persons in an ownership chain;
(ii) in the case of collective investment schemes, information on shares, units and other interests in the fund or scheme;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and (v) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iv).
Provided that 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. Any request for information shall be formulated with the greatest possible details and shall in all cases specify in writing: a) the identity of the person under examination or investigation;
(b) the taxable period for which the information is requested;
c) a statement of the information sought including the nature of the information requested and the form in which the requesting Party would prefer to receive it;
(d) the matter under the requesting Party's tax law with respect to 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 the 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 or control of 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 or control of the requested information;
h) a statement that the request is in conformity with this Agreement; and 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.
6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party and shall use its best endeavours within its means to forward the requested information to the requesting Party with the least reasonable delay.
Article 6 Tax Examinations Abroad 1. By reasonable notice given in advance 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 the extent permitted under its laws, 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 be present at the appropriate part of 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 official designated 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.
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, and in particular where the requirements of Article 5 are not met; or 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 (ordre public) of the requested party.
(2 This Agreement shall not impose on the requested Party any obligation: has) to provide information subject to legal privilege, gold which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information described in Article 5 paragraph 4 shall not by reason of that fact alone be treated as such a secret or trade process; or b) to carry out administrative measures at variance with its laws and administrative practices, provided that nothing in this subparagraph shall affect the obligations of a Contracting Party under Article 5 paragraph 4 of this Agreement.
3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed.
4. The requested Party shall not be required to obtain and to provide information which the competent authority of the requesting Party would not be able to obtain under its own laws or in the normal course of administrative practice in response to a valid request made in similar circumstances from the requested Party under this Agreement.
5 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.
Article 8 Confidentiality Any information provided and received by the competent authority of 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 for these purposes. The information may not be disclosed to any other person or entity or authority or any other jurisdiction, State or sovereign territory not party to this Agreement without the express written consent of the competent authority of the requested Party.
Information received by the requested Party in conjunction with a request for assistance under this Agreement shall likewise be treated as confidential in the requested Party.
Article 9 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 10 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting 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 Contracting Parties may mutually agree on the procedures to be used under this Agreement.
3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article.
4. The Contracting Parties may also agree on other forms of dispute resolution.
Article 11 Protocol The attached Protocol shall be an integral part of this Agreement.
Article 12 Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement.
Article 13 Entry into Force Each of the Contracting Parties shall notify to the other the completion

of the procedures required by its law for the bringing into force of this Agreement. This Agreement shall enter into force on the date of the later of these notifications, and shall have effect for all requests made but only in respect of taxable periods beginning on or after January 1 of the year next following the year in which the Agreement entered into force or, where there is no. taxable period, in respect of taxes due in respect of taxable events taking place on gold after January 1 of the year next following the year in which the Agreement entered into force.
Article 14 Termination 1.
This Agreement shall remain into force until terminated. Either Contracting 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 Contracting Party. All requests received up to the effective date of termination will be dealt with in accordance with the terms of this Agreement.
3 After termination of this Agreement, both Contracting Parties 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 Brussels, in the English language, this 10th day of November 2009.

Protocol to the Agreement between THE KINGDOM OF BELGIUM AND THE PRINCIPALITY OF LIECHTENSTEIN for the exchange of information relating to tax matters On the occasion of the signing of the Agreement between the Kingdom of Belgium and the Principality of Liechtenstein (the "Contracting Parties") for the exchange of information relating to tax matters, the Contracting Parties have agreed upon the following provisions , which are an integral part of this Agreement: 1. With respect to Article 5 paragraph 1, it is understood that the taxpayer, unless subject to criminal investigations, can be informed about the intention to make a request for information. If the information of the taxpayer would jeopardise the purpose of the investigation, information is not necessary.
2 With respect to Article 5 paragraph 5 subparagraph has, it is understood that it is not necessary to provide the name of the taxpayer in order to define its identity, if this identity can be determined from equivalent elements.
((3. In Article 9 the term "direct" costs shall be interpreted as follows: a) examples of the 'direct costs' include, but are not limited to, the following: aa) reasonable costs of reproducing and transporting documents or records to the competent authority of the applicant Party;
BB) reasonable fees imposed by a financial institution or other record keeper for copying records and research related to a specific request for information.
CC) reasonable costs for stenographic reports and interviews, depositions or testimony;
DD) reasonable fees and expenses, determined in accordance with amounts allowed under applicable law, on the person who voluntarily appears in the territory of one of the Contracting Parties for interview, deposition or testimony relating to a particular information request;
EE) reasonable legal fees for non-government counsel appointed or retained, with the approval of the competent authority of the applicant Party, for litigation in the courts of the requested Party related to a specific request for information.
(b) ' Direct costs' do not include ordinary administrative and overhead expenses incurred by the requested Party in reviewing and responding to information requests submitted by the applicant Party.
(c) if direct the costs pertaining to a specific request are expected to exceed EUR 500 gold the Swiss Franc equivalent, the competent authority of the requested Party shall contact the competent authority of the applicant Party to determine whether the applicant Party wants to pursue the request and bear the costs.
4. formal communications, including requests for information, made in connection with or pursuant to the provisions of this Agreement entered into will be in writing directly to the competent authority of the other Contracting Party at the addresses given below, or such other address as may be notified by one Contracting Party to the other from time to time. Any subsequent communications regarding requests for information will be in writing between the earlier mentioned competent authorities or their authorised entities, whereas the possiblity of direct consultation is being given.
Address of the competent authority of Liechtenstein: Government of the Principality of Liechtenstein Peter-Kaiser-Platz 1 9490 Vaduz Address of the competent authority of Belgium: Federal Public Service Finance Administration for the taxation of enterprises and income Department III International Relations Section III 1A North Galaxy Tower A 15th Floor Boulevard du Roi Albert II 33 - bte 25 1030 Brussels 5. Both Contracting Parties are committed to examining other areas of mutual cooperation and benefits. Following the entry into force of this Agreement the Contracting Parties will jointly explore the possibility of entering into a convention for the avoidance of double taxation.
IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol.
DONE in duplicate at Brussels, in the English language, this 10th day of November 2009.

(Translation)
AGREEMENT between the Kingdom of Belgium and the Principality of LIECHTENSTEIN for the exchange of information in tax matters the Government of the Kingdom of Belgium and the Government of the Principality of LIECHTENSTEIN, hereinafter referred to as "the Contracting Parties", whereas the Contracting Parties recognize that the economic links developed between the Contracting Parties require greater co-operation;
WHEREAS the Contracting Parties in their mutual interest, wish to further develop their relations through cooperation in the field of taxation;
CONSIDERING that the Contracting Parties wish to strengthen the ability of both Contracting Parties to implement their respective tax laws; and whereas the Parties wish to establish the terms and conditions governing the exchange of information in tax matters;
ARE agreed to the following provisions: Article 1 object and scope of the agreement the Contracting Parties shall, through their competent authorities, shall provide assistance by the exchange of information likely to be relevant to the administration and enforcement of the legislation internal Contracting Parties relating to taxes covered by this agreement, including the information likely to be relevant for the determination, the establishment and collection of these taxes in relation to persons subject to these taxes or for investigations or prosecution in criminal 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. The rights and protections afforded to persons pursuant to laws or regulations or administrative practice of the requested party remain applicable.
Article 2 jurisdiction a requested Party has no obligation to provide information which is not held by its authorities or in the possession or under the control of people within its territorial jurisdiction.
Article 3 taxes covered 1. This agreement shall apply to the following taxes: has) with regard to Liechtenstein, (i) the tax on the income of natural persons (Erwerbssteuer);
(ii) the tax on the income of corporations (Ertragssteuer);
(iii) taxes on corporations (Gesellschaftssteuern);
(iv) the tax on real estate gains (Grundstucksgewinnsteuer);
(v) the tax (Vermögenssteuer);
(vi) the tax coupons (Couponsteuer);
(vii) taxes on estates, inheritances and donations (Nachlass, Erbanfalls - und Schenkungssteuern); and (viii) the tax on added value, b) with regard to Belgium, (i) the tax of natural persons;
(ii) the corporation tax;
(iii) the income tax of legal persons;
(iv) the non-resident tax; and (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 that place if the Contracting Parties through their competent authorities agree. The competent authority of each contracting party notifies the other any substantial change in its legislation likely to affect the obligations of this part resulting from this agreement.
3. this agreement does not apply to taxes in the two Contracting Parties by or on behalf of their political subdivisions or local authorities, up to the date on which the Belgium shall notify Liechtenstein, through diplomatic channels, that she consents to this application.
Article 4 Definitions 1. In this agreement, unless otherwise defined: a) "Liechtenstein" means the Principality of Liechtenstein, and, when this term is used in a geographical sense, the area within which the tax legislation of the Principality of Liechtenstein shall apply;
(b) "Belgium" means the Kingdom of Belgium;
used in a geographical sense, the term means the territory of the Kingdom of Belgium, including the territorial sea and maritime zones and the air spaces which, in accordance with

international law, the Kingdom of Belgium exercises 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 funds or device of collective investment in which the purchase, sale or redemption of the units, shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
(e) "company" means a legal entity, entities and structures specialized in the management of heritage (special asset endowments) considered fiscally as legal persons;
(f) "competent authority" means, (i) with regard to the Liechtenstein, the Government of the Principality of Liechtenstein or its authorized representative, and (ii) in relation to the Belgium, the Minister of finance or his 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) "in criminal tax matters" means tax matters involving intentional liable to prosecution under the criminal law of the requesting party;
(i) "information" means any fact, statement or document, regardless of its form;
(j) "information gathering measures" means the administrative or judicial procedures enabling a requested party to obtain and provide the information requested;
(k) "person" means an individual, a company, a vacant succession (sleeping inheritance) and any other group of persons;
(l) "principal class of shares" means the classes of shares representing a majority of the voting rights or of the statutory capital 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 meets the substantive requirements of Article 4 of directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004;
(o) "requested Party" means the Contracting Parties to this agreement to which information is requested or which has provided information in response to a request;
(p) "requesting party" means the contracting 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 Contracting Party, any term or any term which is not defined is, unless the context requires a different interpretation or if the competent authorities agree to a common sense in accordance with the provisions of article 10 of this agreement, the meaning that assigns, at that time, the law of that Contracting Party the meaning attributed to this term or expression by the tax law of that contracting party relying on the meaning attributed to it by the other branches of the law of that Contracting Party.
Article 5 Exchange of information upon request 1. The competent authority of the requested party provide, at the 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 requested by other means available in its own territory, except when the use these other means would cause disproportionate hardship.
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 applicant the information requested, even if, at that time, the requested party doesn't need 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 that its authorities have the right, subject to the terms of articles 1 and 2 of this agreement, to obtain and provide on request: a) information held by banks, other financial institutions, and any person acting as an agent or trustee;
(b)) the information concerning the ownership of companies, partnerships, investment funds and others, including: (i) within the limits of article 2, information concerning all these people when they are part of a chain of ownership; ownership
(ii) with regard to collective investment devices, information on shares, units and other investments in the Fund or device;
(iii) in relation to trusts (trusts), information on the constituents (settlors), Trustees (trustees) and beneficiaries;
(iv) with regard to foundations, information on the founders, the members of the Board of the Foundation and beneficiaries; and (v) 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 (iv).
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. inquiries is formulated as detailed as possible and accurate in all cases in writing: a) the identity of the person being the object of a control or an investigation;
(b) the taxable period for which the information is requested;
c) indications concerning the information sought, including the nature of the information requested and the form in which the requesting party would prefer to receive them;
d) the case, according to the tax legislation of the requesting party, for 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 suggest that the requested information are located in the requested Party, or are in the possession or under the control of a person within the jurisdiction of the requested Party;
(g) insofar as they are known, the name and address of any person who he has reason to believe that the information sought is in his possession or under his control;
(h) a statement that the application is consistent with this agreement; and (i) a statement indicating that the applicant has used to get information all means available in its own territory, except those that would give rise to disproportionate difficulties.
6. the competent authority of the requested party acknowledges receipt of the application to the competent authority of the requesting party and strives to the extent of its means to convey the information to the requesting party within the shortest possible time.
Article 6 fiscal controls abroad 1. With reasonable notice, 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 the extent permitted by its law, 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 the appropriate phase of a tax control 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 the place of the control, authority or official designated

to drive the control 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.
Article 7 possibility of declining a request 1.
The competent authority of the requested Party may refuse assistance: a) when the application is not submitted in accordance with this agreement and, in particular, when the conditions of article 5 are not met; or (b)) when the requesting party 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 the public policy of the requested Party.
2. this agreement does not require the requested party: has) to provide information subject to confidentiality (legal privilege), or that would disclose 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 such a secret or trade process. or (b)) to take administrative measures derogating from its legislation and its administrative practice, on the understanding that this clause does not affect the obligations of a Contracting Party resulting from article 5, paragraph 4, of this agreement.
3. a request for information may be refused on the ground that the tax claim that the subject of the application is disputed.
4. the requested Party is not required to obtain and provide information which the competent authority of the requesting party could obtain under its own right or in the normal course of its administrative practices in response to a valid request under similar circumstances by the requested Party under this agreement.
5. 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.
Article 8 confidentiality all information provided and received by the competent authority of a Contracting Party under this agreement is kept confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) under the jurisdiction of that contracting party affected by the establishment, collection, recovery or enforcement of the taxes covered by this agreement , or by the prosecution or appeal decisions relating to these taxes. These persons or authorities may use this information for these purposes only. For these same purposes, they can be reported at public hearings in courts or in judicial decisions. The information may be disclosed to any other person, entity or authority or any other foreign authority, State or sovereign territory which is not a party to this agreement without the express written permission of the competent authority of the requested Party.
Similarly, the information received by the requested Party as part of a request for assistance submitted to it under this agreement are kept confidential in the requested Party.
Article 9 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 10 mutual agreement Procedure 1. In case of difficulties or doubts between the Contracting Parties regarding the implementation or interpretation of this agreement, the competent authorities shall endeavour to settle the question by mutual agreement.
2 in addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may determine by mutual agreement procedures pursuant to this agreement.
3. the competent authorities of the Contracting Parties may communicate with each other directly when they are looking for an agreement pursuant to this section.
4. the Contracting Parties may also agree to other forms of dispute resolution.
Article 11 Protocol the Protocol annexed to this agreement forms an integral part thereof.
Article 12 implementing Contracting Parties adopt any legislation necessary to comply with this agreement and give it effect.
Article 13 entry into force each Contracting Party shall notify to the other the completion of the procedures required by its law for the entry into force of this agreement. This agreement shall enter into force on the date of the latter of these notifications and shall apply to all applications submitted, but only as regards the taxable periods commencing from 1 January of the year next following that of the entry into force of the agreement or, in the absence of taxable period, in which case taxes due in respect of taxable events occurring from 1 January of the year next following that the entry into force of the agreement.
Article 14 denunciation 1.
This agreement shall remain in force until its termination. Each Contracting Party 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 Contracting Party. All applications received up to the effective date of denunciation will be treated in accordance with the terms of this agreement.
3. after the termination of this agreement, the two Contracting Parties remain 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.
DONE at Brussels, 10 November 2009, in duplicate, in the English language.

Protocol A the agreement between Kingdom of Belgium and the Principality of LIECHTENSTEIN for the exchange of information in material tax during the signing of the agreement between the Kingdom of Belgium and the Principality of Liechtenstein (the "Contracting Parties") for the exchange of information in tax matters, the Contracting Parties have agreed upon the following provisions, which are an integral part of this agreement : 1. with respect to article 5, paragraph 1, it is understood that the taxpayer, unless it makes the object of a criminal investigation, may be informed of the intention to submit a request for information. If informing the taxpayer could compromise the investigation, it is not necessary to inform him.
2. with regard to article 5, paragraph 5, subparagraph (a)), it is understood that it is not necessary to provide the name of the taxpayer to determine his identity, if this identity can be determined based on equivalent elements.
3. in article 9, the words "direct costs" should be interpreted as follows: a) "direct costs" include, without limitation, the following examples: aa) reasonable costs of reproduction and transmission of documents to the competent authority of the requesting party;
BB) are reasonable requested by a financial institution or other repository of documents for reproduction of materials and research pertaining to a specific request for information.
CC) reasonable costs for the transcripts of reports and hearings, depositions or testimony;
DD) costs and expenses reasonable, determined in accordance with the amounts permitted under the relevant legislation for the person presenting himself voluntarily in the territory of one of the Contracting Parties to an interview, a deposition or testimony concerning a specific information request;
EE) reasonable legal fees for a lawyer private, designated or engaged with the agreement of the competent authority of the requesting party to a dispute before the courts of the requested Party relating to a request specific information.
(b) "direct costs" do not include administrative costs and the ordinary general costs incurred by the requested party to review requests for information submitted by the requesting party and respond.
(c) if it is likely that direct costs related to an application specific exceed 500 euros or the equivalent in Swiss francs, the competent authority of the requested party contacts the competent authority of the requesting party to determine if the applicant wishes to maintain the request and bear the costs.
4. official communications relating to the provisions of this agreement, including requests for information submitted

under these provisions, should be directed in writing directly to the competent authority of the other party at the address stated below, or to any other address which would be communicated by a party to another. All subsequent communications concerning requests for information will be written between the aforementioned competent authorities or their authorized entities, on the understanding that a direct consultation is possible.
Address of the competent authority of the Liechtenstein: Government of the Principality of Liechtenstein Peter-Kaiser-Platz 1 9490 Vaduz address of the competent authority of the Belgium: federal public Service Finance Administration of the business taxation and revenues Directorate III - International Section III 1A North Galaxy Tour Relations A 15th floor Boulevard du Roi Albert II 33 - bte 25 1030 Brussels 5. The two Contracting Parties undertake to consider possibilities of cooperation and mutual benefits. After the entry into force of this agreement, the Contracting Parties will jointly examine the possibility to conclude a convention for the avoidance of double taxation.
IN witness whereof the undersigned, being duly authorized by their respective Governments, have signed this Protocol.
DONE at Brussels, 10 November 2009, in duplicate, in the English language.