The agreement on Exchange of information in tax matters
The Government of the Kingdom of Sweden and the Commonwealth of the Bahamas
Government signed on March 10, 2010 to take effect as law
here in the country. The agreement is drawn up in English and is shown
of the annex to this law.
Transitional provisions
2010:1333
1. this law shall enter into force on the day the Government determines.
2. This Act shall apply for taxation years that begin
on 1 January of the year following the year in which the law comes into force
or later, or, if the tax year is missing, on tax
withdrawn on 1 January of the year following the year in which the law comes into
force or later. In cases that constitute
these matters pursuant to the agreement, the law, however,
be applied for fiscal years beginning on 1 January 2004
or later, or, if the tax year is missing, on tax
withdrawn on 1 January 2004 or later.
Annex
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN
AND THE GOVERNMENT OF THE COMMONWEALTH OF THE BAHAMAS FOR
THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS
Considering that the Parties have agreed to join forces
for greater transparency and exchange of information in
tax matters and in order to promote bilateral cooperation
and good faith relationship in the future between Sweden and
The Bahamas, the Government of the Kingdom of Sweden and
the Government of the Commonwealth of The Bahamas have
agreed to conclude an Agreement for the exchange of
information relating to tax matters as follows:
Article 1
Object and scope of the Agreement
1. The competent authorities of the Contracting Parties
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. Such
information shall include information that is foreseeably
relevant to the determination, assessment and collection
of such taxes, the recovery and enforcement of tax claims,
or the investigation or prosecution of tax matters.
Information shall be exchanged in accordance with the
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 to the extent that they do not unduly prevent
or delay effective exchange of information.
2. This Agreement shall not affect the application in the
Contracting Parties of international agreements and
domestic legislation on mutual legal assistance in
criminal matters.
Article 2
Jurisdiction
A requested Party is not obligated 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. The taxes which are the subject of this Agreement are
taxes of every kind and description imposed in the
Contracting Parties.
2. This Agreement shall also apply to any identical or
substantially similar taxes imposed after the date of
signature of the Agreement in addition to or in place of
the existing taxes. The competent authorities of the
Contracting Parties shall notify each other of any
substantial changes to the taxation and related
information gathering measures covered by the Agreement.
Article 4
Definition
1. For the purposes of this Agreement, unless otherwise
defined:
a) the term "The Bahamas" means the Commonwealth of The
The Bahamas and, when used in a geographical sense, means the
territory of the Commonwealth of The Bahamas, encompassing
the land, the territorial waters, and in accordance with
international law and Bahamian laws any area outside the
territorial waters inclusive of the exclusive economic
zone and the seabed homepage and subsoil over which The Bahamas
exercises jurisdiction and sovereign rights for the
purpose of exploration, exploitation and conservation of
the natural resources;
(b)) the term "Sweden" means the Kingdom of Sweden and, when
used in a geographical sense, includes the national
territory, the territorial sea of Canada as well as other
the maritime areas over which Sweden in accordance with
international law exercises sovereign rights or
jurisdiction;
c) the term "Contracting Party" means Canada or The
The Bahamas as the context requires;
d) the term "competent authority" means:
(i) in The Bahamas, the Minister of Finance or the
Minister of Finance's duly authorised representative;
(ii) in Sweden, the Minister of Finance, his authorised
representative or the authority which is designated as a
competent authority for the purposes of this Agreement;
e) the term "person" includes an individual, a company and
any other body of persons;
f) the term "company" means any body corporate or any
entity that is treated as a body corporate for tax
purposes;
(g)), the term "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;
h) the term "principal class of shares" means the class or
classes of shares representing a majority of the voting
power and value of the company;
in) the term "recognised stock exchange" means any stock
Exchange agreed upon by the competent authorities of the
Contracting Parties;
j) the term "collective investment fund or scheme" means
any pooled investment vehicle, irrespective of legal form.
The term "public collective investment fund or scheme"
means any collective investment fund or scheme provided
the units, shares or other interests in the fund or scheme
can be readily purchased, sold or redeemed by the public.
Units, shares or other interests in the fund or scheme can
be readily purchased, sold or redeemed "by the public" if
the purchase, sale or redemption is not implicitly or
explicitly restricted to a limited group of investors;
k) the term "tax" means any tax to which the Agreement
applies;
l) the term "applicant Party" means the Contracting Party
requesting information;
m) the term "requested Party" means the Contracting Party
requested to provide information;
n) the term "information gathering measures" means laws
and administrative or judicial procedures that enable a
Contracting Party to obtain and provide the requested
information;
o) the term "information" means any fact, statement or
record in any form whatever;
p) the term "criminal tax matters" means tax matters
involving intentional conduct which is liable to
prosecution under the criminal laws of the applicant
Party;
q) the term "criminal laws" means all criminal laws
designated as such under domestic law irrespective of
whether contained in the tax laws, the criminal code or
other statutes.
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, 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 information for the purposes referred
to in Article 1. Such information shall be exchanged
without regard to whether the conduct being investigated
would constitute a crime under the laws of the requested
Party if such conduct occurred in the requested Party.
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, that
Party shall use all relevant information gathering
measures to provide the applicant 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
an applicant Party, the competent authority of the
requested Party shall provide information under this
The article, to the extent allowable under its domestic laws,
in the form of depositions of witnesses and authenticated
copies of the original records.
4. Each Contracting Party shall ensure that its competent
authorities for the purposes specified in Article 1 of the
Agreement, have the authority to obtain and provide upon
request:
a) information held by banks, other financial
institutions, and any person acting in an agency or
fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies,
partnerships, trusts, foundations, "Anstalten" and other
persons, including, within the constraints of Article 2,
ownership information on all such persons in an ownership
chain; in the case of trusts, information on settlors,
Trustees and with; and in the case of
Foundation, information on founders, members of the
Foundation council and with. Further, this
The agreement does not create an obligation on the Contracting
Parties to obtain or provide ownership information with
respect to publicly traded companies or public collective
investment funds or schemes unless such information can be
obtained without giving rise to disproportionate
difficulties.
5. The competent authority of the applicant Party shall
provide the following information in writing to the
competent authority of the requested Party when making a
request for information under the Agreement to demonstrate
the foreseeable relevance of the information to the
request:
(a) the identity of the person under examination or
investigation;
(b) a statement of the information sought including its
nature and the form in which the applicant Party wishes to
receive the information from the requested Party;
(c) the period of time with respect to which the
information is requested;
(d) the tax purpose for which the information is sought;
(e) grounds for believing that the information requested
is held in the requested Party or is in the possession or
control of a person within the jurisdiction of the
requested Party;
(f) to the extent known, the name and address of any
a person believed to be in possession of the requested
information;
(g) a statement that the request is in conformity with the
law and administrative practices of the applicant Party;
that if the requested information was within the
jurisdiction of the applicant Party then the competent
authority of the applicant Party would be able to obtain
the information under the laws of the applicant Party or
in the normal course of administrative practice and that
It is in conformity with this Agreement;
(h) a statement that the applicant Party has pursued all
means available in its own territory to obtain the
information, except those that would give rise to
disproportionate difficulties.
6. 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.
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 examination abroad
1. A Contracting Party may allow representatives of the
competent authority of the other Contracting Party to
Enter the territory of the first-mentioned Party to
interview individuals and examine records with the written
consent of the person concerned. The competent authority
of the second-mentioned Party shall notify the competent
authority of the first-mentioned Party of the time and
the place of the meeting with the individuals concerned.
2. At the request of the competent authority of one
Contracting Party, the competent authority of the other
Contracting Party may allow representatives of the
competent authority of the first-mentioned Party to be
present at the appropriate part of a tax examination in
the second-mentioned Party.
3. If the request referred to in paragraph 2 is acceded
to, the competent authority of the Contracting Party
conducting the examination shall, as soon as possible,
notify the competent authority of the other Party about
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 first-mentioned
Party for the conduct of the examination. All decisions
with respect to the conduct of the tax examination shall
be made by the Party conducting the examination.
Article 7
Possibility of declining a request
1. The requested Party shall not be required to obtain or
provide information that the applicant Party would not ask
able to obtain under its own laws for purposes of the
Administration or enforcement of its own tax laws, or in
response to a valid request from the requested Party under
This Agreement. The competent authority of the requested
Party may decline to assist where the request is not made
in conformity with this Agreement.
2. The provisions of this Agreement shall not impose on a
Contracting Party the obligation to supply 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. The provisions of this Agreement shall not impose on a
Contracting Party the obligation to obtain or provide
information that would reveal confidential communications
between a client and an attorney, solicitor or similar
legal representative (hereinafter "professional legal
Adviser ") where such communications:
(a) ") are between a professional legal adviser and a client
produced for the purposes of the provision of legal advice
to the client; or
b) are between:
(i) a professional legal adviser and a client;
(ii) a professional legal adviser acting for the client
and another person; or
(iii) the client and another person instructed by a
professional legal adviser produced for the purposes of
existing or contemplated legal proceedings.
Nothing in this Agreement shall protect from disclosure:
(a)) anything done or any communication made in furtherance
of any illegal or wrongful purpose; or
b) any fact observed by a professional legal advisor in
the course of his employment as such, showing that any
crime or fraud had been committed since the commencement
of his employment.
4. The requested Party may decline a request for
information if the disclosure of the information would be
contrary to public policy (ordre public).
5. A request for information shall not be refused on the
ground that the tax claim giving rise to the request is
disputed.
6. The requested Party may decline a request for
information if the information is requested by the
applicant Party to administer or enforce a provision of
the tax law of the applicant Party, or any requirement
connected therewith, which discriminates against a
national of the requested Party as compared with a
national of the applicant Party in the same circumstances.
Article 8
Confidentiality
Any information received by a Contracting Party under this
Agreement shall be treated as confidential in the same
manner as information obtained under the domestic laws of
that Party 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. The
information may not be disclosed to any other person or
entity or authority or any other jurisdiction (including the a
foreign Government) without the express written consent of
the competent authority of the requested Party.
Article 9
Costs
Incidence of costs incurred in providing assistance shall
be agreed by the competent authorities of the Contracting
Parties.
Article 10
Implementation legislation
The Contracting Parties shall enact any legislation
necessary to comply with, and give effect to, the terms of
the Agreement.
Article 11
Mutual agreement procedure
1. Where difficulties or doubts arise between the
Contracting Parties regarding the implementation or
interpretation of the 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 during
Articles 5 and 6.
3. The competent authorities of the Contracting Parties
may communicate with each other directly for the purposes of
reaching agreement under this Article.
Article 12
Language
Requests for assistance and responses thereto shall be in
English.
Article 13
Entry into force
1. Each of the Contracting Parties shall notify the other
in writing, through diplomatic channels, of the completion
of the procedures required by its law for the entry into
force of this Agreement.
2. The Agreement shall enter into force on the thirtieth
day after the receipt of the later of these notifications
and shall thereupon have effect:
(a) for criminal tax matters, for all taxable period
beginning on or after 1 January 2004, or, where there is no
taxable period, for all charges to tax arising on or after
1 January 2004; and
(b) for all other matters covered in Article 1, for
taxable period beginning on or after the first day of
January of the year next following the date on which the
Agreement enters into force, or where there is no taxable
period, for all charges to tax arising on or after the
first day of January of the year next following the date
on which the Agreement enters into force.
Article 14
Termination
1. This Agreement shall remain in force until terminated "
by a Contracting Party. Either Contracting Party may
terminate the Agreement, through diplomatic channels, by
giving written notice of termination to the other
Contracting Party. In such case, the Agreement shall cease
to have effect on the first day of the month following the
end of the period of six months after the date of receipt
of notice of termination by the other Contracting Party.
2. In the event of termination, both Contracting Parties
shall remain bound by the provisions of Article 8 with
respect to any information obtained under the Agreement.
In witness whereof the undersigned being duly authorised
thereto have signed the Agreement.
Done at Paris, this 10th day of March 2010, in duplicate
in the English language.
For the Government of the Kingdom of Sweden
Gunnar Lund
For the Government of the Commonwealth of The Bahamas
Zhivargo S. Laing
(Translation)
AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE COMMONWEALTH
THE BAHAMAS GOVERNMENT ON THE EXCHANGE OF INFORMATION IN TAX MATTERS
Taking into account that the parties have agreed to jointly
advocate for increased transparency and information exchange in
tax matters as well as to promote future bilateral
cooperation and trusting relations between Sweden
and the Bahamas, has the Government of the Kingdom of Sweden and
Commonwealth of the Bahamas Government entered into the following agreements on Exchange
of information in tax matters:
Article 1
Purpose and scope of the agreement
1. the competent authorities of the Contracting Parties
to assist each other with assistance through the exchange of
information likely to be relevant to the
the Administration and enforcement of the Contracting
the parties ' internal laws concerning taxes
covered by this agreement. Such information includes
information likely to be relevant for
the identification, assessment and collection of such taxes,
recovery and other enforcement measures in respect of
tax assets or for the investigation or prosecution of
tax matters. Information shall be exchanged in accordance with
the provisions of this agreement and shall be kept secret on
as set out in article 8. The rights conferred
people under the legislation of the requested Contracting Party or
administrative law remain applicable in the
so far as they are not unduly prevent or delay
an effective exchange of information.
2. this Agreement shall not affect the application in the
Contracting Parties to international agreements and
national legislation on mutual legal assistance in
criminal cases.
Article 2
Jurisdiction
The requested Party shall not be obliged to provide information
which is neither held by its authorities or held or
controlled by persons under its jurisdiction.
Article 3
Taxes covered
1. The taxes covered by this agreement are taxes of
every kind and nature, levied in the Contracting
the parties.
2. This agreement shall also apply to taxes by the same, or in the
mainly similar kind after the signing of the
the agreement is imposed in addition to, or instead of, those for
present output taxes. The competent authorities of
the Contracting Parties shall notify each other of the
significant changes that have been made concerning the
tax legislation and the measures to secure the
information covered by the agreement.
Article 4
Definitions
1. unless otherwise provided, for the purposes of this
agreement the following expressions the following meaning:
a) "Bahamas" means the Commonwealth of the Bahamas, as well as, if the expression
used in geographic significance, Commonwealth of the Bahamas
territory, including its land,
territorial waters and, in conformity with international law
rules and laws of the Bahamas, each area beyond its
territorial waters, including the exclusive economic
zone and the seabed or its subsoil, over which
The Bahamas exercises jurisdiction and sovereign rights in the
order to explore, exploit and management of natural resources;
b) "Sweden" means the Kingdom of Sweden and the includes,
When the expression is used in the geographical sense, Swedish
territory, Sweden's territorial waters and other
maritime areas over which Sweden, in accordance with
the rules of international law, exercises sovereign rights or
jurisdiction,
c) "Contracting Party" means Sweden or the Bahamas
Depending on the context,
d) "competent authority" means
1) in the Bahamas, the Minister of finance or his authorised
agents,
2) in Sweden, the Minister of finance or his authorised
representative or the authority which has been assigned to be
competent authority for the purposes of this agreement,
e) "person" includes natural persons, companies and other
personal association,
f) "company" means any legal person or any other that at
taxation is treated as a legal person,
g) "companies whose shares are the object of general circulation"
refers to a company whose principal class of shares is listed on a
recognised stock exchange provided its listed
shares can be bought or sold by the public. Shares
can be bought or sold "by the public" to buy or
sale of shares is not implied or
explicitly restricted to a limited circle of
investors,
h) "principal class of shares" means the shares that
represents the majority of the votes in, and the value of
the company,
in) "recognised stock exchange" means such stock as the competent
the authorities of the Contracting Parties have agreed
If,
j) "collective investment fund or collective
investment schemes "refer to all undertakings for collective
investments regardless of the legal form. "The Crowd collective
Investment Fund or public collective
investment system "means any collective investment fund
or collective investment schemes whose shares, shares
or other rights can be freely bought, sold or
redeemed by the general public. Participating interests, shares or other
rights in the Fund or scheme can be freely bought,
be sold or redeemed "by the public" about the purchase, sale
or redemption do not implicitly or explicitly
restricted to a limited group of investors;
k) "tax" means any tax covered by this agreement,
l) "requesting party" means the Contracting Party
request information,
m) "requested Party" means the Contracting Party that has
called upon to provide information,
n) "measures with a view to obtaining information" means
legislation and administrative measures or
judicial measures which allow a Contracting
party to obtain and provide the information requested,
o) "information" means any fact task, message,
Act or other documentation in any form,
p) "these matters" means tax matters involving
intentional conduct which, according to the criminal law in
the requesting party may be subject to criminal prosecution;
q) "criminal laws" means all criminal law
is referred to as such in internal law, whether
It is included in the tax law, criminal law
or administrative provisions.
2. Where a Contracting Party applies this agreement at
any time is deemed, except where the context does not give rise to
otherwise, any expressions that are not defined in this agreement have the
significance of the expression has at that time under the
party's laws and the importance of expression is
under the applicable tax laws of that party owns
precedence over the significance of the phrase under the
other legislation of that party.
Article 5
Exchange of information on request
1. the competent authority of the requested Party shall on
request information for the purposes set out in
Article 1. Such information shall be exchanged without regard
on whether the conduct which is the subject of an investigation would have
constituted a crime under the law of the requested party's laws
If such conduct carried out in the requested Party.
2. where the information available to the competent
authority of the requested Party is not sufficient to
meeting a request for information, the requested
party – notwithstanding that the requested Party may
do not require this information for its own
taxation purposes – take all relevant measures
to seek and provide the requested information.
3. If the competent authority of a requesting party
specifically requests it, the competent authority of the
requested party – to the extent permitted
in accordance with its internal legislation, provide information
According to this article in the form of admission of
witness stories and certified copies of
original documents.
4. Each Contracting Party shall ensure that the
have the power, through its competent authorities at
request and for the purposes set out in article 1 of this
agreements, acquire and provide:
a) information held by banks, other financial
institutions and any other person acting in the capacity of
representative or trustee, including agents and
Trustees,
b) information on the ownership of companies,
trading companies, trusts, foundations, "Anstalten" and other
people, including – with the limitations
the provisions of article 2 – disclosure of ownership
regarding all such persons in an ownership chain; in the case of
trusts, information about founders, managers and
beneficiaries; in the case of trusts, information on
founders, Board members, and destinatärer. This
agreements do not entail an obligation on the Contracting
Parties to obtain or provide information about
ownership in the companies whose shares are publicly
circulation or in public collective investment funds
or public collective investment schemes, unless
such information can be obtained without entailing
disproportionately great difficulties.
5. for requests for information under this agreement, the
competent authority of the requesting party to the
competent authority of the requested Party in writing
provide the following information, in order to demonstrate that the
information requested is likely to be relevant:
a) identity of the person who is the subject of an investigation
or investigation,
b) indication of the information requested, including
their closer to nature and the form in which the
requesting party desires to receive information from the
requested Party,
c) the time period for which the information is sought;
(d)) the tax purpose for which the information
in demand,
e) the reasons for believing that the information requested is available
in the requested Party or held or controlled by
person within the jurisdiction of the requested Party;
f) as far as it is known, the name and address of the person who can
possession of the requested information,
g) indicating that the request is in conformity with
legislation and administrative practices of the requesting
party and to the competent authority of the requesting
party – if the information requested in this
party jurisdiction – would be able to obtain the information
According to the legislation or codes of practices
of the requesting party, and that the request is in
compliance with this agreement,
h) stating that the requesting party has taken all the
measures to obtain this information at its
disposal within its own territory, except those
measures which would entail disproportionate
difficulties.
6. the competent authority of the requested Party shall
supply the information requested as soon as possible to the
requesting party. To meet an urgent response
the competent authority of the requested party:
a) to the competent authority of the requesting party
confirm in writing the receipt of the request within 60
days after receipt shall notify the competent
authority of the requesting Party of any deficiencies in the
request.
b) If the competent authority of the requested Party does not
have been able to obtain and provide the information requested
within 90 days of receipt of the request, in that
including whether there is unable to provide
the information or where the competent authority refuses
to provide the information, it shall immediately inform the
the requesting party accordingly and indicate the reasons for the
not been able to obtain and provide information,
What are the obstacles that are present or the reasons for its refusal.
Article 6
Abroad-executed tax investigations
1. A Contracting Party may allow representatives of the
the competent authority of the other Contracting Party
is present in the first-mentioned party to hear the physical
people and review documents after written
consent of the persons concerned. The competent
authority of that party shall notify the
competent authority of the first-mentioned party if the time and
the site for the meeting with these people.
2. At the request of the competent authority of a
Contracting Party, the competent authority of the
other contracting party permit representatives of
the competent authority of the first-mentioned party is
present at the tax investigation in the latter
to the extent deemed appropriate.
3. Awarded a request pursuant to paragraph 2, the competent
authority of the contracting party carrying out
the investigation as soon as possible inform the competent
authority of the other party of the time and place of
the investigation, if the authority or person authorized
to carry out the investigation, as well as on the procedures and conditions
as the former party set for the execution of
the investigation. All decisions regarding the execution of the
the investigation shall be taken by the party carrying out the investigation.
Article 7
Opportunity to reject a request
1. the requested Party shall have no obligation to obtain
or provide information that the requesting party does not
would be able to obtain under its legislation for
Administration or enforcement of its own
tax law, or in response to a valid request
According to this agreement from the requested Party. The competent
authority of the requested Party may refuse a request when
the request is not made in conformity with this
agreements.
2. the provisions of this Agreement shall not result in
the obligation of a Contracting Party to provide
information which would disclose any trade, business, industrial
or professional secret or of a commercial secret or in
trade used procedures. Notwithstanding the
This, the information referred to in article 5, paragraph 4 is not
It is considered that such secrets or such procedures
only on the basis that they meet the conditions laid down in that
paragraph.
3. the provisions of this Agreement shall not result in
the obligation of a Contracting Party to obtain or
provide information that would reveal confidential communications
between a client and his lawyer or other legal
agents (hereinafter "professional legal adviser"), when
such communications:
(a)) going on between a professional legal adviser and
his client in order to provide legal advice to
the client, or
(b)) going on between
1) a professional legal adviser and his client,
2) a professional legal adviser acting as agents
for a client's Bill and another person, or
3) client and another person who is subject to a
professional legal advisers in order to be used during
ongoing or impending legal proceedings.
This agreement shall not preclude the provision of information
concerning:
a) actions undertaken or communications
established to promote an illegal or unauthorized
purpose, or
b) tasks that come to a professional legal
Adviser knowledge of his employment as such, and as
showing that fraud or other crimes have been committed since
the employment commenced.
4. the requested Party may refuse a request for
information on the provision of the information would be
for general considerations (public policy).
5. A request for information shall not be refused on the basis of
that the tax claim giving rise to the request has
disputed.
6. the requested Party may refuse a request for
information where the requesting party has requested
information for the administration or enforcement of
a provision in the requesting party's tax legislation,
or related requirements, which during the same
conditions discriminate against a citizen of the requested
party with respect to a national of the requesting
party.
Article 8
Privacy
Any information received by a Contracting Party
by virtue of this agreement are to be kept secret in the same manner
as the information obtained with the support of the internal
the legislation of that party and may be disclosed only to
persons or authorities (including courts and
management bodies) within the Contracting Party
jurisdiction is concerned with taxation or
collection, enforcement or prosecution, or processing
of appeal, in respect of the taxes covered by this
agreements. Such persons or authorities shall use these
information only for such purposes. They may disclose
the information in public court proceedings or
in judicial decisions. Information may not be disclosed to
any person, institution or public authority or for other
jurisdiction (including a foreign Government) without
the express written consent of the competent
authority of the requested Party.
Article 9
Costs
The competent authorities of the Contracting Parties shall be
agree on the apportionment of the costs incurred for
Executive assistance.
Article 10
Relating to the implementation
The Contracting Parties shall adopt legislation such as
is necessary to meet and give effect to the terms of the
the agreement.
Article 11
The procedure for the mutual agreement
1. where difficulties or doubts arise between the
Contracting Parties in respect of the application or
interpretation of the agreement, the competent authorities shall seek
decide the matter by mutual agreement.
2. The competent authorities of the Contracting Parties may,
In addition to what is stated in paragraph 1, the reciprocal come
agreement on the procedures for applying Articles 5
and 6.
3. The competent authorities of the Contracting Parties,
enter into direct relations with each other in order to meet
Agreement pursuant to this article.
Article 12
Language
Requests for assistance and responses to such requests should
be drawn up in English.
Article 13
Date of entry into force
1. the Contracting Parties shall diplomatically
notify each other when the measures taken
of the respective Contracting Party required for this
agreement to enter into force.
2. the agreement shall enter into force on the thirtieth day after the date of
the last of these notifications have been received and
applied
(a)) in these cases, for taxation years that begin
on January 1, 2004 or later, or, when something
tax year, tax claims
incurred on January 1st, 2004 or later, and
b) in all other matters covered in article 1, for the
tax year that begins on 1 January of the year immediately
following the date of entry into force of the agreement or
later or, where any tax year, for
tax claims arising on 1 January of the year
most closely follows the date of entry into force of the agreement
or later.
Article 14
Termination
1. this Agreement shall remain in force until terminated
of a Contracting Party. Each Contracting Party shall
can terminate the agreement through diplomatic channels by
notification thereof to the other Contracting Party.
In the event of such termination, the agreement ceases to be valid
on the first day of the month immediately following the
expiry of the period of six months following the date of
When the notice of termination was received by the other
Contracting Party.
2. In the event of termination, the Contracting Parties
remain bound by the provisions of article 8 of the question
If the information obtained under that contract.
In witness whereof the undersigned, being
duly authorized, have signed this agreement.
That took place in Paris on 10 March 2010, in duplicate in the
English language.
For the Government of the Kingdom of Sweden
Gunnar Lund
For the Commonwealth of the Bahamas Government
Zhivargo S. Laing
