Law Approving The Agreement Between Belgium And Gibraltar For The Exchange Of Information In Tax Matters, Done At Paris On December 16, 2009 (1) (2) (3).

Original Language Title: Loi portant assentiment à l'Accord entre la Belgique et Gibraltar en vue de l'échange de renseignements en matière fiscale, fait à Paris le 16 décembre 2009 (1) (2) (3)

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015161&caller=list&article_lang=F&row_id=500&numero=599&pub_date=2014-08-13&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-08-13 Numac: 2014015161 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 5 may 2014. -Law concerning consent to the agreement between Belgium and Gibraltar for the exchange of information in tax matters, done at Paris on December 16, 2009 (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 Belgium and Gibraltar for the exchange of information in tax matters, done at Paris on 16 December 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 to Brussels, may 5, 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: 5-2296 annals of the Senate: 13/02/2014 House of representatives (www.lachambre.be): Documents: complete record 53-3364: 13/03/2014 (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 27 February 2014 (Moniteur belge of April 25, 2014), the Decree of the German-speaking community of 24 June 2013 (Moniteur belge of 25 July 2013), the Decree of the Walloon Region from March 13, 2014 (Moniteur belge of 28 March 2014) and the order of the Brussels-Capital Region from November 7, 2013 (Moniteur belge of 19 November 2013).
(3) entry into force: 17/06/2014 AGREEMENT BETWEEN BELGIUM AND GIBRALTAR FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS WHEREAS Belgium and Gibraltar ("the Parties") recognise that present legislation already provides for cooperation and the exchange of information in criminal tax matters;
WHEREAS the Parties have long been active in international efforts in the fight against financial and other crimes, including the targeting of terrorist financing;
WHEREAS it is acknowledged that Gibraltar under the terms of its Entrustment from the UK has the right to negotiate, conclude, perform and subject to the terms of this agreement terminate a Tax Information Exchange Agreement with Belgium;
WHEREAS Gibraltar on 27 February 2002 entered into a political commitment to the OECD's principles of effective exchange of information;
WHEREAS the Parties wish to enhance and facilitate the terms and conditions governing the exchange of information relating to taxes;
NOW, THEREFORE, the Parties have agreed to conclude the following Agreement which contains obligations on the part of Belgium and Gibraltar only: Article 1 Scope of the Agreement The competent authorities of the Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning the 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. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information.
Article 2 Jurisdiction A requested Party is not obliged to provide information which is neither held by its authorities nor in the possession of or obtainable by persons who are within its territorial jurisdiction.
Article 3 Taxes Covered 1. This Agreement shall apply to the following taxes imposed by the Parties: (a) 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, (b) in the case of Gibraltar: Gibraltar income taxes.
2 This Agreement shall apply also to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the Parties so agree. The competent authority of each Party shall notify the other of substantial changes in laws which may affect the obligations of that Party pursuant to this Agreement. Furthermore, the taxes covered may be expanded or modified by mutual agreement of the competent authorities in the form of an exchange of letters.
Article 4 Definitions 1.
In this Agreement: a) "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;
(b) "Gibraltar" means the territory of Gibraltar;
(c) ' collective investment scheme or fund "means any pooled investment vehicle, irrespective of legal form;
(d) "company" means any body corporate or any entity that is treated as a body corporate for tax purposes;
(e) "competent authority" means, (i) in the case of Belgium: the Minister of Finance or his authorised representative;
(ii) in the case of Gibraltar: the Chief Secretary or such other person as the Minister of Finance may extra;
(f) "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;
(g) "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;
(h) "information gathering measures" means laws and administrative or judicial procedures enabling a requested Party to obtain and provide the information requested;
(i) "information" means any fact, statement, document or record in whatever form;
(j) "person" means an individual, a company or any other body or group of persons;
(k) "principal class of shares" means the class or classes of shares representing a majority of the voting power and value of the company;
(l) "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;
(m) "public collective investment scheme or fund" means any 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;
(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 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 laws 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 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 applicable information gathering measures necessary 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 Each Party shall ensure that it has the authority, subject to the terms of Article 1 and 2 of this Agreement, to obtain and provide, through its competent authority and 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, 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 for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5 Any request for information shall be formulated with the greatest detail possible 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 foreseeable relating 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 held 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 or control of the information requested;
(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 where 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 to forward the requested information to the requesting Party as soon as possible.
Article 6 Tax Investigations Abroad 1. With reasonable notice, 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 notify 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 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;
(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").
2 This Agreement shall not impose upon a requested Party any obligation to provide items subject to legal privilege, or information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4, shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph.
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 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 national or citizen of the requested Party as compared with a national or citizen of the requesting Party in the same circumstances.
Article 8 Confidentiality 1. All information provided and received by the competent authorities of the Parties shall be kept confidential.
2 Such information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in Article 1, and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial decisions.
3 Such information may not be used for any purpose other than for the purposes stated in Article 1 without the expressed written consent of the competent authority of the requested Party.
4. information provided to a requesting Party under this Agreement may not be disclosed to any other jurisdiction without the expressed written consent of the competent authority of 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 advisors in connection with litigation or otherwise necessary to comply with the request) 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 Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall use their best efforts 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 this Agreement.
3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article.
4. The Parties may also agree on other forms of dispute resolution.
Article 11 Implementation of Legislation The Parties shall enact any legislation necessary to comply with and give effect to the terms of this Agreement.
Article 12 Entry into Force This Agreement shall enter into force when each Party has notified the other in writing of the completion of its necessary internal procedures for entry into force. Upon entry into force, it shall have effect: (a) for criminal tax matters on that date; and (b) for all other matters covered in Article 1, 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 or after January 1 of the year next following the year in which the Agreement entered into force.
Article 13 Termination 1.
This Agreement shall remain in force until terminated by either Party.
2. Either Party may terminate this Agreement by giving notice of termination in writing. 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.
3. if the Agreement is terminated the 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 in that behalf by the respective Parties, have signed the Agreement.
DONE in duplicate at Paris, in the English language, this 16th day of December 2009.

AGREEMENT between the Belgium and GIBRALTAR for the exchange of information in material tax whereas the Belgium and Gibraltar ("the Parties") recognise that the current legislation provides already the cooperation and exchange of information in criminal tax matters;
WHEREAS the Parties have long played a role active in international efforts to fight against financial and other crimes including the fight against the financing of terrorism;
Whereas it is accepted that Gibraltar, under the terms of the received Entrustment from the United Kingdom, has the right to negotiate, conclude, perform and, subject to the terms of this agreement, to terminate an agreement of exchange of tax information with the Belgium;

Whereas Gibraltar took on 27 February 2002 the engagement policy to comply with the principles of the OECD for effective exchange of information;
WHEREAS the Parties wish to enhance and facilitate the terms and conditions that govern the exchange of information in tax matters, as a result, the Parties agreed to conclude the following agreement which contains only obligations for the Belgium and Gibraltar: Article 1 scope of the agreement the competent authorities of the Parties agree assistance through the exchange of information likely to be relevant to the administration and enforcement of the domestic laws of the Parties concerning 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. The rights and protections afforded to persons under the legislative or regulatory provisions or administrative practice of the requested party remain applicable to the extent that they impede or do not unduly delay effective exchange of information.
Article 2 jurisdiction a 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 the Parties: (a) in relation to the Belgium: (i) natural persons tax;
(ii) the corporation tax;
(iii) the income tax of legal persons;
(iv) the non-resident tax; and (v) the tax on the value added;
(b) in relation to Gibraltar: the taxes on income gibraltais.
2. this agreement applies to any identical taxes which are imposed after the date of signature of the agreement and additional to existing taxes or in place. This agreement also applies to similar taxes which are imposed after the date of signature of the agreement and additional to existing taxes or in place, if the Parties agree. 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 expanded or modified by a mutual agreement between the competent authorities, in the form of an exchange of letters.
Article 4 Definitions 1. In this agreement: a) "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;
(b) "Gibraltar" means the territory of Gibraltar;
(c) "Fund or collective investment device" means any instrument of Group investment, regardless of its legal form;
(d) "company" means any legal person or any entity considered fiscally as a legal person;
(e) "competent authority" means, (i) with regard to the Belgium: the Minister of finance or his delegate;
(ii) with regard to Gibraltar: Chief Secretary or any other person designated by the Minister of finance;
(f) "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.
(g) "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;
(h) "information gathering measures" means laws and regulatory provisions and administrative or judicial procedures enabling a requested party to obtain and provide the information requested;
(i) "information" means any fact, statement or document, regardless of its form;
(j) "person" means an individual, a company or any other group or group of people;
(k) "principal class of shares" means the classes of shares representing a majority of the voting rights and of the value of the company;
(l) "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;
(m) "device for public collective investment funds" means any fund or device in which the purchase, sale or redemption of the shares or other interests 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 otherwise requires, meaning that assigns, at this time, the law of that party, the meaning given 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 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 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 measures applicable 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. each party is sure to have the right, subject to the terms of articles 1 and 2 of this agreement, to obtain and provide, through its competent authorities and upon request: (a) information held by banks, other financial institutions, 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 a party to obtain or provide information ownership concerning listed companies or public collective investment schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. any request for information is made as comprehensively as possible and accurate in 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) the reasons which suggest that the requested information is likely relevant to the administration or enforcement of tax of the applicant referred to article 3 with respect to the person identified in subparagraph (a) of this paragraph;
(f) the reasons which give suggests that the information requested is held in the requested Party, or are 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 the information sought is in his possession or under his control;
(h) a statement that the application is consistent with this agreement;
(i) a statement indicating that the applicant has used to get information all means available in its own territory, except where this would cause disproportionate hardship.
6. the competent authority of the requested party acknowledges receipt of the application to the competent authority of the requesting party and strives to provide the information requested to the applicant as soon as possible.
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 interview individuals and examine documents, with the prior written consent of individuals, or other relevant persons. The competent authority of the requesting party informed 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 the 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) 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 the communication of the information requested would be contrary to public order.
2. the present agreement does not oblige a party required to provide items subject to privacy (legal privilege) or information that would reveal a trade secret, industrial or professional or trade process. Notwithstanding the foregoing, information of the type referred to in article 5, paragraph 4 is not treated as such a secret or trade process from the simple fact that they fulfil the criteria laid down in this paragraph.
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 part needed can 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 national or a citizen of the part to a national or a citizen of the requesting party in the same circumstances.
Article 8 confidentiality 1. All information provided and received by the competent authorities of the Parties are kept confidential.
2. this information may be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in article 1, and these persons or authorities may use this information for these purposes, including decisions on appeal. For these purposes, the information may be disclosed during public hearings in courts or in judicial decisions.
3. this information may be used for purposes other than those set out in article 1 without the express written permission of the competent authority of the requested Party.
4. the information provided to a requesting party under this agreement may not be disclosed to another foreign authority without the express written permission of the competent authority of the requested Party.
Article 9 costs has unless the competent authorities of the 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 when they are required to comply with the request) 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 in relation to a specific request give rise to significant costs.
Article 10 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 to the agreements referred to in paragraph 1, the competent authorities of the Parties may determine by mutual agreement procedures pursuant to this agreement.
3. the competent authorities of the Parties may communicate with each other directly when they are looking for an agreement pursuant to this section.
4. the Parties may also agree to other forms of dispute resolution.
Article 11 implementing the Parties adopt any legislation necessary to comply with this agreement and give it effect.
Article 12 entry into force this Agreement shall enter into force when each of the Parties has notified the other in writing, the completion of its internal procedures necessary for the entry into force. Upon the entry into force, it will take effect: a) in criminal tax matters on that date; and (b) for other issues referred to in article 1, with respect to 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 relation to taxes due in respect of taxable events occurring from 1 January of the year next following that of the entry into force of the agreement.
Article 13 denunciation 1. This agreement will remain in force until its denunciation by either of the Parties.
2. each party may denounce this agreement by notifying the notification in writing. The 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.
3. If the agreement is denounced, the Parties remain bound by the provisions of article 8 to all information obtained pursuant to this agreement.
IN witness whereof the undersigned, being duly authorised thereto by the respective Parties, have signed the agreement.
DONE at Paris, on December 16, 2009, in duplicate, in the English language.