Law (2009:1114) If Agreement Between Sweden And The British Virgin Islands On The Exchange Of Information Relating To Taxes

Original Language Title: Lag (2009:1114) om avtal mellan Sverige och Brittiska Jungfruöarna om utbyte av upplysningar avseende skatter

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2009:1114

The agreement on Exchange of information concerning taxes

The Government of the Kingdom of Sweden and the British Virgin Islands

Government signed on May 18, 2009 to apply that law here

in the country. The agreement is drawn up in English and is apparent from the

Annex to this law.



Transitional provisions



2009:1114



1. this law shall enter into force on the day the Government determines.



2. this law shall be applied for fiscal years beginning 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, the tax levied

on 1 January of the year following the year in which the law comes into force or

later. In the cases that make up these matters under the

the agreement will, however, Act apply from the

the entry into force.



Annex



AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND

THE GOVERNMENT OF THE BRITISH VIRGIN ISLANDS FOR THE EXCHANGE

OF INFORMATION RELATING TO TAXES



Whereas the Government of the Kingdom of Sweden and the

The Government of the British Virgin Islands ("the Contracting

Parties ") recognise the need for cooperation and the exchange

of information in criminal and civil tax matters;



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



Now, therefore, the Contracting Parties have concluded the

following Agreement which contains the bond on the part of

the Contracting Parties only.



Article 1



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 or enforcement of

the domestic laws of the Contracting Parties concerning the

taxes and the tax matters covered by this Agreement,

including information that is foreseeably relevant to the

determination, assessment, verification, enforcement,

recovery or collection of tax claims with respect to persons

subject to such taxes, or the investigation or prosecution of

tax matters in relation to such person. 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.



2. This Agreement shall not affect the application in the

respective Contracting Parties of the rules on mutual legal

assistance in criminal matters.



Article 2



Jurisdiction



To enable the appropriate implementation of this Agreement,

information shall be provided in accordance with this

Agreement by the competent authority of the Requested Party:



(a) without regard to whether the person to whom the

information relates is a resident or national of a

Contracting Party, or whether the person by whom the

information is held is a resident or national of a

Contracting Party; and



(b) provided that the information is present within the

territory, or in the possession or control of a person

subject to the jurisdiction, of the Requested Party.



Article 3



Taxes covered



1. The taxes covered by this Agreement are:



(a) in the case of the British Virgin Islands,



(i) the income tax;



(ii) the payroll tax; and



(iii) the property tax



(b) in the case of Sweden,



(i) the national income tax (State income tax);



(ii) the withholding tax on dividends (withholding tax);



(iii) the income tax on non-residents (the Special

income tax for non-residents);



(iv) the income tax on non-resident artistes and athletes

(the Special income tax for non-resident artists

etc.);



(v) the municipal income tax (municipal income tax);



(vi) the yield tax on pension funds (capital yield tax on

pension funds);



(vii) the value added tax (VAT);



(viii) the tax on paid keywords and advertising (the tax on

ads and advertising);



(ix) the premium tax on group life insurance, etc. (the

Accordingly, special cat for group life insurance, etc.);



(x) the lottery tax (Lottery cat);



(xi) the tobacco excise duty (tobacco taxes);



(xii) the alcohol excise duty (alcohol tax);



(xiii) the premium tax on insurance against civil liability

in respect of the use of motor vehicles (the tax on

motor insurance premium, etc.); and



(xiv) the energy tax (tax on energy).



2. This Agreement shall also apply to any identical or

substantially similar taxes imposed by either Party after the

date of signature of this Agreement in addition to, or in

place of, any of the taxes listed in paragraph 1 of this

Article. The competent authorities of the Contracting Parties

shall notify each other of any relevant changes to the

taxation and related information gathering measures covered

by this Agreement.



Article 4



Definition



1. In this Agreement, unless the context otherwise requires-



(a) "British Virgin Islands" means the territory of the

Virgin Islands as referred to in the Virgin Islands

Constitution Order, 2007;



(b) "United States" means the Kingdom of Sweden and, when used in a

geographical sense, includes the national territory, the

territorial sea of Sweden as well as other maritime areas

over which Sweden in accordance with international law

exercises sovereign rights or jurisdiction;



(c) "collective investment fund or scheme" 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 the British Virgin Islands, the Financial

The Secretary or a person or authority designated by him in

writing;



(ii) in the case of Canada, the Minister of Finance, his

authorised representative or the authority which is

designated as a competent authority for the purposes of this

Agreement;



(f) "Contracting Party" means the British Virgin Islands or

Canada as the context requires;



(g) "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 laws;



(h) "criminal tax matters" means tax matters involving

intentional conduct which is liable to prosecution under the

the criminal laws of the Requesting Party;



(i) "information" means any fact, statement, document or

record in whatever form;



(j) "information gathering measures" means laws, regulations

and administrative or judicial procedures that enable a

Requested Party to obtain and provide the requested

information;



(k) "national" means



(i) in relation to the British Virgin Islands, any person who

belongs to the British Virgin Islands by virtue of the Virgin

Islands Constitution Order 2007 (Statutory Instrument 2007

No. 1678) or has a certificate of residence of the British

Virgin Islands by virtue of the Immigration and Passport

Ordinance (Cap. 130); and any legal person, partnership,

Association or other entity deriving its status as such from

the laws in force in the British Virgin Islands;



(ii) in relation to Canada any individual possessing the

nationality of Sweden, and any legal person, partnership or

Association deriving its status as such from the laws in

force in Sweden;



(l) "person" includes an individual, a company and any other

body or group of persons;



(m) "principal class of shares" means the class or classes of

shares representing a majority of the voting power and value

of the company;



(n) "public collective investment fund or scheme" means any

collective investment fund or scheme, in which the purchase,

sale or redemption of shares or other interests is not

implicitly or explicitly restricted to a limited group of

investors;



(o) "publicly traded company" means any company whose

principal class of shares is listed on a recognised stock

the 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;



(p) "recognised stock exchange" means any stock exchange

agreed upon by the competent authorities of the Contracting

Parties;



(q) "Requested Party" means the Contracting Party to this

Agreement which is requested to provide or has provided

information in response to a request;



(r) "Requesting Party" means the Contracting Party to this

Agreement submitting a request for or having received

information from the Requested Party;



(s) "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, have the meaning that

It has at that time under the law 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

the laws of that Contracting Party.



Article 5



Exchange of information upon request



1. The competent authority of the Requested Party shall

provide upon request in writing by the Requesting Party

information for the purposes referred to in Article 1. Such

information shall be exchanged without regard to whether the

conduct being investigated would constitute a crime under the

the laws of the Requested Party if it occurred in the territory

of the Requested Party. If the information received by the

competent authority of the Requested Party is not sufficient

to enable it to comply with the request for information, it

shall, in accordance with the terms provided in paragraph 7

(a) advise the competent authority of the Requesting Party

of that fact and request such additional information as may

be required to enable the effective processing of the

request.



2. If the information in possession of the competent

authority of the Requested Party is not sufficient to enable


it to comply with the request for the information, the

Requested Party shall use all relevant information gathering

measures to provide the Requesting Party with the information

requested, notwithstanding that the Requested Party may not

need such information for its own tax purposes.



3. If specifically requested by the competent authority of

the Requesting Party, the competent authority of the

Requested Party shall provide information under this Article,

to the extent allowable under its domestic laws, in the form

of deposition of witnesses and authenticated copies of

original records.



4. Each Contracting Party shall ensure that its competent

authority, for the purposes of this Agreement, has the

authority to obtain and 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 legal and beneficial ownership

of companies, partnerships and other persons, including,

within the constraints of Article 2, ownership information on

all such persons in an ownership chain; and in the case of

trusts, information on settlors, trustees, with and

protectors; and in the case of foundations, information on

founders, members of the foundation council and

with, and equivalent information in the case of

entities that are neither trusts nor foundations.



5. Notwithstanding the preceding paragraphs, this Agreement

does not create an obligation on the Contracting Parties to

obtain or provide:



(a) 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;



(b) information relating to a period of more than six years

prior to the tax period under consideration;



(c) information in the possession or control of a person

other than the taxpayer that does not directly relate to the

taxpayer.



6. The competent authority of the Requesting Party shall

provide the following information to the competent authority

of the Requested Party when making a request for information

under this Agreement in order to demonstrate the foreseeable

relevance of the information to the request:



(a) the identity of the person under examination or

investigation;



(b) the period for which the information is requested;



(c) the nature and type of the information requested,

including a description of the specific evidence sought and

the form in which the Requesting Party would prefer to

receive the information;



(d) the tax purposes for which the information is sought and

the reasons why the information requested is foreseeably

relevant to the administration or enforcement of the domestic

the laws of the Requesting Party;



(e) grounds for believing that the information requested is

present in the territory of the Requested Party or is in the

possession or control of a person subject to the jurisdiction

of the Requested Party;



(f) to the extent known, the name and address of any person

believed to be in possession or control of the information

requested;



(g) a declaration that the request is in conformity with this

Agreement and the laws and administrative practices of the

Requesting Party, and that if the requested information were

within the jurisdiction of the Requesting Party then the

competent authority of the Requesting Party would be able to

obtain the information under the laws of the Requesting Party

or in the normal course of administrative practice;



(h) 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 difficulties.



7. The competent authority of the Requested Party shall

forward the requested information as promptly as possible to

the competent authority of the Requesting Party. To ensure a

prompt response:



(a) the competent authority of the Requested Party shall

confirm the receipt of a request in writing to the competent

authority of the Requesting Party and shall notify the

competent authority of the Requesting Party of any

deficiencies in the request within 60 days of receipt of the

request; and



(b) if the competent authority of the Requested Party has

been unable to obtain and provide the information requested

within 90 days of receipt of the request, or if obstacles are

encountered in furnishing the information, or if the

competent authority of the Requested Party refuses to provide

the information, it shall immediately inform the competent

authority of the Requesting Party in writing, explaining the

reasons for its inability to obtain and provide the

information, or the obstacles encountered, or the reasons for

its refusal.



Article 6



Tax examinations or investigations abroad



1. The Requested Party may, to the extent permitted under its

domestic laws, and following reasonable notice from the

Requesting Party, allow representatives of the competent

authority of the Requesting Party to enter the territory of

the Requested Party in connection with a request to interview

person and examine records with the written consent of the

person concerned. The competent authority of the Requesting

Party shall notify the competent authority of the Requested

Party of the time and place of the meeting with the person's

concerned.



2. At the request of the competent authority of the

Requesting Party, the competent authority of the Requested

Party may, in accordance with its domestic laws, permit

representatives of the competent authority of the Requesting

Party to be present at the appropriate part of a Dachshund

examination in the territory of the Requested Party.



3. If the request referred to in paragraph 2 of this Article

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

The party conducting the examination in accordance with its

domestic laws.



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; 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 difficulties; or



(c) where the disclosure of the information requested would

be contrary to public policy (ordre public).



2. The provisions of this Agreement shall not impose upon a

Contracting Party any obligation to provide information which

would disclose any trade, business, industrial, commercial or

professional secret or trade process. Information described

in paragraph 4 of Article 5 shall not by reason of that fact

alone constitute such a secret or process.



3. (a) The provisions of this Agreement shall not impose on a

Contracting Party the obligation to obtain or provide

information which would reveal confidential communications

between a client and an attorney, solicitor or barrister

where such communications are:



(i) produced for the purposes of seeking or providing legal

advice, or



(ii) produced for the purposes of use in existing or

contemplated legal proceedings.



(b) Information held with the intention of furthering an

offence is not subject to legal privilege, and nothing in

This Article shall prevent an attorney, solicitor or

barrister from providing the name and address of a client

where doing so would not constitute a breach of legal

privilege.



4. A request for information shall not be refused on the

ground that the tax liability giving rise to the request is

disputed by the taxpayer.



5. The Requested Party shall not be required to obtain and

provide information which, if the requested information was

within the jurisdiction of the Requesting Party, the

competent authority of the Requesting Party would not be able

to obtain under its laws or in the normal course of

administrative practice.



6. 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 resident or national of the

Requested Party as compared with a resident or national of

the Requesting Party in the same circumstances.



Article 8



Confidentiality



1. All the information provided and received by the competent

authorities of the Contracting Parties shall be kept

confidential and 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 or the oversight of

the above. For these purposes, information may be disclosed

in public court proceedings or in judicial proceedings.



2. The information may not be disclosed to any other person

or entity or authority without the express written consent of

the competent authority of the Requested Party.



3. Information provided to (a) the Requesting Party shall not be

disclosed to any other jurisdiction.



Article 9



Safeguards



Nothing in this Agreement shall affect the rights and

safeguards secured to persons by the laws or administrative


practice of the Requested Party. However, these rights and

safeguards may not be applied by the Requested Party in a

manner that unduly prevents or delays effective exchange of

information.



Article 10



Administrative costs



1. Incidence of ordinary costs incurred in the course of

responding to a request for information will be borne by the

Requested Party. Such ordinary costs would normally cover

internal administration costs and any minor external costs.



2. All other costs that are not ordinary costs are considered

extraordinary costs and will be borne by the Requesting

Party. Extraordinary costs include, but are not limited to,

the following:



(a) reasonable fees charged by third parties for carrying out

Research;



(b) reasonable fees charged by third parties for copying

documents;



(c) reasonable costs of engaging experts, interpreters, or

translators;



(d) the reasonable costs of conveying documents to the Requesting

Party;



(e) reasonable litigation costs of the Requested Party in

relation to a specific request for information; and



(f) reasonable costs for obtaining deposition or testimony.



3. The competent authorities of the Contracting Parties will

consult each other in any particular case where extraordinary

costs are likely to exceed 500 $US to determine whether the

Requesting Party will continue to pursue the request and bear

the cost.



Article 11



No prejudicial or restrictive measures



1. So long as this Agreement is in force and effective, it is

the intention of the Contracting Parties not to apply or

introduce prejudicial or restrictive measures based on

harmful tax practices to residents or nationals of either

Contracting Party. However, in the event that a Contracting

Party has reason to believe that the other Contracting Party

has introduced such restrictive measures, prejudicial or both

Contracting Parties shall immediately initiate proceedings to

resolve the matter.



2. A prejudicial or the restrictive measure based on harmful tax

practices means a measure applied by one Contracting Party to

residents or nationals of the other Contracting Party on the

the basis that the other Contracting Party does not engage in

effective exchange of information or because it lacks

transparency in the operation of its laws, regulations or

administrative practices, or on the basis of no or nominal

taxes and one of the preceding criteria.



3. Without limiting the generality of the term "prejudicial

the or the restrictive measure ", the term includes the denial of a

deduction, credit or exemption, the imposition of a tax,

charge or levy, or special reporting requirements. Such

measures include any measure which relates, directly or

indirectly, to taxation matters. However, they do not include

any generally applicable measure, applied by either

Contracting Party against, amongst others, members of the

The OECD generally.



Article 12



Implementing legislation



The Contracting Parties shall (where they have not already

done so) enact any legislation necessary to comply with, and

give effect to, the terms of this Agreement.



Article 13



Language



Requests for assistance and responses thereto shall be drawn

up in English.



Article 14



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 use their

best efforts to resolve the matter by mutual agreement.



2. In addition to the efforts referred to in paragraph 1 of

This Article, the competent authorities of the Contracting

Parties may mutually determine the procedures to be used

under Articles 5, 6 and 10.



3. The competent authorities of the Contracting Parties may

communicate with each other directly for the purposes of

reaching agreement under this Article.



Article 15



Entry into force



1. Each of the Contracting Parties shall notify to the other

in writing 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, from the date of entry into

force; and



(b) for all other matters covered in Article 1, on taxable

periods 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 16



Termination



1. This Agreement shall remain in force until terminated by a

Contracting Party.



2. 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

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.



3. If the Agreement is terminated "the 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 in

that behalf by the respective parties, have signed this

Agreement.



Done at Copenhagen, this 18th day of May 2009, in duplicate

in the English language.



For the Government of the Kingdom of Sweden



Lars Grundberg



For the Government of the British Virgin Islands



Danica Penn



(Translation)



AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE UK

VIRGIN ISLANDS GOVERNMENT ON THE EXCHANGE OF INFORMATION RELATING TO

TAXES



When the Government of the Kingdom of Sweden and the British Virgin Islands

Government ("the Contracting Parties") recognise the need for

cooperation and exchange of information in these cases and

other tax matters,



- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -



have the parties entered into the following agreements, which

imposes obligations only for the Contracting Parties.



Article 1



The scope of the agreement



1. The competent authorities of the Contracting Parties shall

assist each other with assistance through the exchange of

information likely to be relevant for the purposes

or enforcement of the Contracting Parties ' internal

legislation relating to the taxation and the tax matters

covered by this agreement, including information which may

are assumed to be relevant to the determination, assessment, validation

or collection, as well as for the collection or enforcement

with regard to tax claims as regards persons who are

subject to such taxes or for investigation or

prosecutions in cases of tax in respect of such persons. Information

shall be exchanged in accordance with the provisions of this agreement and

to be kept secret in the manner laid down in article 8.



2. this Agreement shall not affect the applicability of the parties of the

the provisions on mutual assistance in criminal matters.



Article 2



Jurisdiction



In order to permit the proper application of this Agreement shall

information is provided in accordance with this agreement by the

competent authority of the requested party:



a) regardless of whether the person information relating to habitual residence

or is a national of a Contracting Party, or if the

person holding the information is resident or is

nationals of a Contracting Party, and



b) provided that the information is available

in the territory, or held or controlled by a

person subject to the jurisdiction of the requested Party.



Article 3



Taxes covered by the agreement



1. Taxes covered by this agreement are:



a) in the case of the British Virgin Islands,



1) income tax



2) tax on wages, and



3) property tax



b) in the case of Sweden,



1) state income tax,



2) withholding tax,



3) the Special income tax for non-residents,



4) the Special income tax for non-residents

artists and others,



5) the municipal income tax,



6) capital yield tax on pension funds,



7) value added tax;



8) tax on advertisements and advertising,



9) accordingly the specific cat for group life insurance, etc.,



10) lottery treasure,



11) tobacco tax,



12) alcohol tax,



13) tax on motor insurance premiums, etc., and



14) tax on energy.



2. This agreement shall also apply to taxes by the same, or in the

mainly similar kind after the signing of the agreement

be charged in any of the parties in addition to or instead of

any of the paragraph 1 of this article listed taxes.

The competent authorities of the Contracting Parties shall communicate to the

each other about relevant changes regarding the

tax legislation and the measures to secure the

information of the kind covered by this agreement.



Article 4



Definitions



1. Unless the context prompts otherwise in this agreement

the following expression, the following meaning:



a) "British Virgin Islands" means the territory of the Virgin Islands

as specified in the Virgin Islands ' Constitution Order 2007 ",



b) "Sweden" means the Kingdom of Sweden and the includes, when

the expression is used in the geographical sense, Swedish

territory, territorial waters of Sweden and other maritime areas

over which Sweden, in accordance with international law

rules, sovereignty or jurisdiction,



c) "collective investment fund or collective

investment schemes "refer to all undertakings for collective

investments, regardless of the legal form,



d) "company" means any legal person or any other that at


taxation is treated as a legal person,



e) "competent authority" means



1) in the case of the British Virgin Islands, the Minister of finance or

person or authority appointed by him in writing,



2) in the case of Sweden, the Minister of finance, his

authorised representative or the authority which contracted

to be a competent authority for the purposes of this agreement,



f) "Contracting Party" means the British Virgin Islands or

Sweden, depending on the context,



g) "criminal laws" means all criminal law

is referred to as such in internal law, regardless of whether the

can be found in the tax law, criminal law or

administrative provisions,



h) "these matters" means tax matters involving

intentional conduct which, according to the criminal law of the

requesting party may be subject to criminal prosecution;



I) "information" means any fact task, message,

Act or other documentation in any form,



j) "measures with a view to obtaining information" means

legislation, regulations, and administrative measures or

judicial measures which allow for a requested party to

obtain and provide the information requested,



k) "national" means



1) in respect of the British Virgin Islands, a person who belongs to

Virgin Islands, British Virgin Islands, with the support of

"The Constitution Order 2007 (Statutory Instrument 2007

No. 1678) "or that have a certificate of residence in the UK

Virgin Islands, with the support of "the Immigration and Passport

Ordinance (Cap. 130) "and any legal person, partnership,

Association or other entity that is incorporated under the applicable

legislation in the British Virgin Islands,



2) in the case of Sweden, a natural person who holds Swedish

citizenship or a legal person, partnership or

Association incorporated under the laws of,



l) "person" includes an individual, a company and any other

personal association,



m) "principal class of shares" means the shares that

represents the majority of the votes in, and the value of

the company,



n) "public collective investment fund or public

collective investment scheme "means any collective

Investment Fund or collective investment schemes in the

purchase, sale or redemption of shares or other

rights are not implicitly or explicitly restricted

to a limited circle of investors,



o) "company whose shares are the object of general circulation" means

a company whose principal class of shares is listed on a recognised

Stock Exchange provided its listed shares freely

can be purchased or sold by the public. Shares can be bought or

sold "by the public" about the purchase or sale of shares

do not implicitly or explicitly restricted to a

definite circle of investors,



p) "recognised stock exchange" means such stock as the Contracting

the competent authorities of the parties have agreed,



q) "requested Party" means the Contracting Party under this

agreement on request asked to leave or have left the

information,



r) "requesting party" means the Contracting Party under

This agreement requesting or receiving information from

the requested Contracting Party,



s) "tax" means any tax covered by this agreement.



2. Where a Contracting Party applies this agreement at any

time is deemed, unless the context shall give rise to different,

any expression that is not defined in this agreement have the meanings

that statement has at that time under the

the legislation of the Contracting Party and the importance of

the term has under the applicable tax laws in this

Contracting Party take precedence over the meaning

the term has under other legislation in this

Contracting Party.



Article 5



Exchange of information on request



1. the competent authority of the requested Party shall on

request in writing disclose information for the purposes for which

specified in article 1. Such information shall be exchanged without

regard to whether the conduct which is the subject of an investigation

would have constituted an offence under the law of the

requested party if it took place within the requested Party

territory. If the information received by the

competent authority of the requested Party is not

sufficient to respond to a request for information,

that competent authority shall, in accordance with the provisions of

paragraph 7 (a)), inform the competent authority of the

requesting party accordingly and indicate what further is required

to approve the request.



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 shall take all relevant measures to obtain and

supply the information requested, notwithstanding that the

requested Party may not need the information for

their own tax purposes.



3. If the competent authority of the requesting party

specifically requests it, the competent authority of the

requested party – to the extent permitted

in accordance with its internal laws – provide information according to

This article in the form of written testimonies, stories and

certified copies of documents.



4. Each Contracting Party shall ensure that its

competent authority, for the application of this agreement,

the power to collect and submit:



a) information held by banks, other financial

institutions and other persons, including agents and

trust managers, who act as representative or

managers,



b) information on the legal and real ownership of

companies, partnerships and other entities, including – with

the restrictions imposed by article 2-information about

ownership of all such persons in a

the ownership chain; in the case of trusts, information on founders,

trustee, beneficiaries and "protectors", in respect of

foundations, information about founders, members of the Board of Directors

and destinatärer as well as the corresponding information in the field of

entities that are neither trusts or foundations.



5. Notwithstanding the previous paragraphs, this agreement does not

any obligation for the Contracting Parties to seek

or leave:



a) information on the ownership structure of companies whose shares are

subject of general circulation, the crowd collective

Investment Fund or the public collectively

investment schemes, unless such information can

be obtained without incurring disproportionate

difficulties,



b) information relating to time more than six years before the

tax period under review,



c) information which the person other than the taxpayer holds

or control and which are not directly related to the

taxpayer.



6. Upon request for information under this agreement, the

competent authority of the requesting Party shall provide the following

information to the competent authority of the other

party, to show the importance of the requested

information:



a) identity of the person who is the subject of an investigation

or investigation,



b) for what period of time the information is requested,



(c)) the nature of the information requested, including

a description of the evidence specifically requested and in

what form that the requesting party wishes to

the information shall be provided,



(d)) the tax purpose for which the information requested

requested and why they are likely to be relevant for

the application or enforcement of the requesting party

internal law,



e) the reasons for believing that the information requested is available

available within the territory of the requested Party or

held or controlled by the person who is the subject of the

the jurisdiction of the requested Party;



f) as far as it is known, the name and address of the person who can

possession or control of the requested information,



g) indicating that the request is in conformity with this

agreements and legislation and administrative practices in force in the

requesting party to the competent authority of the

requesting party – if the requested information was within the

that party's jurisdiction – would be able to obtain

information under legislation or codes of

administrative practices of the requesting party;



h) stating that the requesting party has taken all the

measures to obtain this information at its

disposal within its own territory, but such measures

that would give rise to disproportionate difficulties.



7. the competent authority of the requested Party shall promptly

possible provide the requested information to the competent

authority of the requesting party. To satisfy a

promptly reply:



(a)), the competent authority of the requested Party

confirm in writing the receipt of the request to the competent

authority of the requesting party, and shall within 60 days after

receipt, inform the competent authority in the

requesting party in writing of any deficiencies in the request, and



b) if the competent authority of the requested Party has not

been able to obtain and provide the information requested within

90 days from receipt of the request, or if the

There is unable to provide the information, or if the

competent authority refuses to provide the information, it shall

immediately notify the competent authority of

the requesting party accordingly and indicate the reasons for the

not been able to obtain and provide the information or

specify the obstacles or the reasons for its

refusal.



Article 6



Abroad-executed tax investigations




1. The requested Party shall, to the extent that this is

permitted by its domestic law and after reasonable

notice from the requesting party allow representatives

for the competent authority of the requesting party to be present

in the requested Party in connection with a request for hearing

people and review documents after written consent

of the 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 meeting with the relevant

the persons.



2. At the request of the competent authority of the requesting

that party, the competent authority of the requested Contracting Party in

accordance with its internal legislation, allow the

representatives of the competent authority of the requesting

the party will be present to the extent deemed appropriate by the

tax investigation in the territory of the requested Party.



3. Awarded a request pursuant to paragraph 2 of this article, the

competent authority of the requested Contracting Party performing

the investigation as soon as possible inform the competent

authority of the requesting 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

the requested Party for the conduct of the investigation.

All decisions regarding the conduct of the inquiry shall be taken

of the requested Contracting Party performing the investigation in accordance with

its internal legislation.



Article 7



Opportunity to reject a request



1. The competent authority of the requested Party may refuse

a request:



(a)) when the request has not been made in accordance with this

Agreement, or



(b)) when the requesting party has not taken all the

measures to obtain this information at its

disposal within its own territory, unless:

the adoption of such measures would entail

disproportionately great difficulties, or



c) when the provision of the information requested would be contrary to

General considerations (public policy).



2. the provisions of this Agreement shall not entail the obligation

for a Contracting Party to provide information which would

disclose any trade, business, industrial or professional secret or

commercial secret or commercial project.

practice. Information shall not be considered as such

secret or such procedures only due to

they constitute the information provided for by article 5, paragraph 4.



3. a) 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

the client and his lawyer or other legal professional, when

such communications are:



1) discussion in order to seek or provide legal

advice, or



2) has taken place in order to be used during or

pending legal proceedings.



b) Information held in order to promote a

offence is not covered by the obligation of professional secrecy in connection with

legal advice, and nothing in this article shall prevent a

lawyer or another legal professional from disclosing a

client's name and address when there is a violation of

professional secrecy.



4. A request for information shall not be refused on the ground that

the

tax claim giving rise to the request is filed by the

taxpayer.



5. the requested Party shall have no obligation to seek and

provide information that the competent authority of the

requesting party – if the requested information was within the

that party's jurisdiction – can't collect under their

law or customary practices.



6. the requested Party may refuse a request for information,

If information is requested by the requesting party for

the application or enforcement of a provision in the

requesting party's tax legislation, or

coherent requirements, under the same conditions

discriminate against

a citizen or resident of the

requested Party in relation to a citizen or person

a resident of the requesting party.



Article 8



Privacy



1. All information submitted and received by the competent

the authorities of the contracting parties must be kept secret

and may only be disclosed to persons or authorities (in that

including courts and administrative bodies) that have

position with the purposes set out in article 1 and shall

use of these persons or authorities only for

such purposes, including the processing of appeals

or to supervise those activities. For

these purposes, the information may be divulged in public

a court hearing or in judicial decisions.



2. The information shall not be disclosed to any other person or

authority without the express written consent of the

competent authority of the requested Party.



3. Information provided to a requesting party may not

disclosed to other

jurisdiction.



Article 9



Rights



Nothing in this Agreement shall affect the rights of

people under the legislation of the requested Contracting Party or

administrative practices. These rights must not, however,

applied by the requested Party in a manner that unduly

prevents or delays the effective exchange of information.



Article 10



Administrative costs



1. Ordinary expenses incurred in connection with

Replying to a request for information shall be borne by the

requested Party. Such customary costs normally covers

internal administrative costs and less external

costs.



2. All the other costs that are not customary costs

be considered as extraordinary charges and shall be borne by the

requesting party. Extraordinary expenses include, but are

not limited to, the following:



(a) reasonable compensation to a third party) for the execution of

investigation work,



(b) reasonable compensation to third parties) for

the copy work,



c) reasonable costs for hiring experts, interpreters or

translator,



d) reasonable expenses for transferring documents to the

requesting party;



e) reasonable procedural costs that the requested Party

in connection with a specific request for information, and



f) reasonable expenses for obtaining written

witness stories and testimonies.



3. the competent authorities of the Contracting Parties shall

consult with each other in individual cases where it is likely to

the extraordinary costs will exceed 500 US-

dollars, in order to determine whether the requesting party would

complete the request and bear the costs of this.



Article 11



No targeted countermeasures



1. As long as this agreement is in force and applied, it is

the Contracting Parties ' intention not to apply or

targeted counter measures designed to combat malicious

tax competition and affecting the residents

or the nationality of any of the Contracting Parties. If

However, a Contracting Party has reason to assume that

the other Contracting Party included such targeted

countermeasures to the Contracting Parties shall immediately commence

negotiations to resolve the issue.



2. a specific countermeasure designed to prevent malicious

tax competition refers to a measure maintained by a

Contracting Party and targeting people with

residence or nationality of the other Contracting Party

and motivated by that other Contracting Party

do not contribute to an effective exchange of information or

that this party shortcomings in transparency regarding its

laws, regulations or administrative practice.

The same applies if the other party does not charge any taxes

or if only a symbolic tax is imposed and this happens

at the same time as any of the criteria mentioned above.



3. Without limiting the general meaning of the expression

"targeted counter measures" include expression refusing deduction,

deduction, tax reduction or exemption, to take out

tax, fee or other charge, or to set specific

requirements for the documentation obligation. Such measures include

any measure that directly or indirectly affect

taxation. However, they do not include General

measures applied in General by a Contracting Party in

relation to, among other things, member countries of the OECD.



Article 12



Legislation transposing



The Contracting Parties shall (unless the so is not already

been) adopt such legislation as is necessary to

meet and give effect to the terms of this agreement.



Article 13



Language



Requests for assistance and responses to such requests should

be drawn up in English.



Article 14



The procedure for the mutual agreement



1. where difficulties or doubts arise between the

Contracting Parties in respect of the performance or

the interpretation of this agreement, the competent authorities

the effort to settle the matter by mutual

agreement.



2. in addition to what is stated in paragraph 1 of this article,

the competent authorities of the parties mutually agree on

procedures for the application of articles 5, 6 and 10.



3. for the purposes of this article, the parties ' competent

authorities enter into direct relations with each other in order

to reach an agreement.



Article 15



Date of entry into force



1. Each Party shall notify the other party

When the actions were taken in accordance with their respective

legislation required that this agreement should enter into force.



2. this Agreement shall enter into force on the thirtieth day after

the date on which the last of these notifications is received and

applied:




(a)) in these cases, from the date of entry into force, 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 – as some fiscal years do not exist – for

tax claims which arise on 1 January of the year immediately

following the date of entry into force of the agreement or

later.



Article 16



Termination



1. this Agreement shall remain in force until terminated by a

Contracting Party.



2. Each Contracting Party may terminate the agreement by

to diplomatically give written notification thereof

to the other Contracting Party. In the event of such

termination agreement ceases to have effect on the first day of the

month after the end of the

six months period following the date of notification

If the termination was received by the other Contracting Party.



3. in the event of termination, the Contracting

the parties remain bound by the provisions of article 8

ask if the information obtained under that contract.



In witness whereof the undersigned, being

duly authorized by the respective parties, have signed

This agreement.



Done at Copenhagen on 18 May 2009 in duplicate in

English language.



For the Government of the Kingdom of Sweden



Lars Grundberg



For the Government of the British Virgin Islands



Danica Penn