Ad Article. 26
a) It is understood that an exchange of information will only be requested once the requesting Contracting State has pursued all means available to obtain information available under the internal taxation procedure.
b) It is understood that the tax authorities of the requesting State shall provide the following information to the tax authorities of the requested State when making a request for information under Article 26 of the Convention:
(i) information sufficient to identify the person(s) under examination or investigation, in particular name, and, to the extent known, address, account number, and other particulars facilitating that persons identification, such as date of birth, marital status, tax identification number;
(ii) the period of time for which the information is requested;
(iii) a statement of the information sought including its nature and the form in which the requesting State wishes to receive the information from the requested State;
(iv) the tax purpose for which the information is sought;
(v) the name and, to the extent known, address of any person in possession of the requested information.
c) The purpose of referring to information that may be foreseeably relevant is intended to provide for exchange of information in tax matters to the widest possible extent without allowing the Contracting States to engage in “fishing expeditions” or to request information that is unlikely to be relevant to the tax affairs of a given taxpayer. While paragraph b contains important procedural requirements that are intended to ensure that fishing expeditions do not occur, subparagraphs (i) through (v) nevertheless need to be interpreted with a view not to frustrate effective exchange of information.
d) Although Article 26 of the Convention does not restrict the possible methods for exchanging information, it shall not commit a Contracting State to exchange information on an automatic or spontaneous basis. The Contracting States expect to provide information to one another necessary for carrying out the provisions of the Convention.
e) It is understood that in case of an exchange of information, the administrative procedural rules regarding taxpayers’ rights provided for in the requested Contracting State remain applicable before the information is transmitted to the requesting Contracting State.
f) It is understood that the carrying out of the income-related regulations in the Netherlands is typically another purpose as meant in the last sentence of...
Ad Article. 4
a) It is understood that the term "resident of a Contracting State" also includes:
i) any statutory body of a Contracting State, and
ii) a pension fund that is recognised and controlled according to the domestic law, including regulations, of a Contracting State.
b) An individual living aboard a ship without any real domicile in either Contracting State shall be deemed to be a resident of the Contracting State in which the ship has its home harbour.
Ad Article. VIII
(a) The benefit of a capital investment and, in the case of its reinvestment, the profit therefrom shall enjoy the same protection as the capital investment.
(b) Without prejudice to other procedures for determining nationality, any person who possesses a national passport issued by the competent authority of the Contracting Party concerned shall be deemed to be a national of one of the Contracting Parties.
Ad Article. 8
(a) The proceeds of the investment and, in case of reinvestment, the proceeds of such reinvestment shall enjoy the same protection as the Investment.
(b) Without prejudice to other precedents for the determination of nationality, a person shall be deemed to be a national of a Contracting Party if he or she holds a national passport issued by the competent authorities of the Contracting Party in question.
Ad Article. 4
(a) In the case of Barbados, obtains a certificate stating that he is resident and domiciled; Nevertheless the benefits of the Convention will be applied to individuals who are resident and non-domiciled at the time the income is remitted to Barbados provided that the remittance takes place within four years of the date that it was paid. The taxpayer shall be entitled to a refund of the amount of the excess tax paid in Spain.
(b) In the case of Spain, obtains a certificate of residence of the purposes of the Convention.
Ad Article. 2
(a) Capital investments which, in accordance with the legal provisions of one of the Contracting Parties, have been made in the territory of that Contracting Party by nationals or companies of the other Contracting Party shall enjoy the full protection of the Treaty.
(b) The Treaty shall also apply in the areas of the exclusive economic zone and of the continental shelf whenever international law grants to the respective Contracting Party the exercise of sovereign rights or jurisdiction in these areas.
Ad Article. 5
(1) If a dispute concerning the amount of compensation for expropriation between a Contracting Party and an investor of the other Contracting Party has not been settled within six months of the date of the request for settlement, the dispute may, at the request of the Contracting Party concerned, be submitted:
(a) before the competent court of the Contracting Party which carried out the expropriation; or
(b) to an ad hoc International Arbitral Tribunal for the purpose of the award;
(c) the International Centre for Dispute Settlement on Investments for arbitration purposes, in accordance with the provisions of the Convention on the Settlement of Disputes on Investments between States and Citizens of other States concluded on 18 March 1965 in Washington.
(2) The ad hoc international arbitral tribunal mentioned above shall be established as follows:
(a) each litigant shall appoint an arbitrator; the two arbitrators shall propose, by mutual agreement, a President who will be a citizen of a country Third having diplomatic relations with both Contracting Parties. The arbitrators will be appointed within two months, and the President within four months from the date on which one of the contenders informed the other of the intention to submit the dispute to arbitration. If the appointments are not made within the period mentioned above, either party may invite the Secretary-General of the International Centre for the Composition of Disputes on the Investments to make the required appointments.
(b) The Arbitral Tribunal shall determine its own arbitration procedure. But it may, when establishing its procedure, refer to the arbitration procedures of the International Centre for Composition of Investment Disputes.
(c) The Arbitral Tribunal shall take its decisions by majority vote. of votes. His praise will be final and binding on both of them. Contracting Parties, and will be executed by the Contracting Parties in accordance with the internal regulations.
(d) The arbitration award will be decided in accordance with the legislation internal, including the Party's conflict of law rules Contractor accepting the investments and in accordance with what provided for in this Agreement as well as with the principles of law generally recognised internationally and adopted by both the Contracting Parties.
(e) Each Party shall bear the costs of its arbitrator and its sponsor in the arbitration proceedings. The costs of the President and the remaining costs of the Arbitral Tr...
Ad Article. 2
(a) The following shall more particularly, though not exclusively, be deemed “activity” within the meaning of paragraph 2 of Article 2: the management, maintenance, use, and enjoyment of an investment. The following shall, in particular, be deemed “treatment less favourable” within the meaning of paragraph 2 of Article 2: restricting the purchase of raw or auxiliary materials, of power or fuel or of means of production or operation of any kind, impeding the marketing of products inside or outside the country, as well as any other measures having similar effects. Measures that have to be taken for reasons of public security and order, public health or morality shall not be deemed “treatment less favourable” within the meaning of Article 2.
(b) Article 2 shall not apply to entry, sojourn, and activity as an employee.
Ad Article. 2
(a) The following shall more particularly, though not exclusively, be deemed "activity" within the meaning of paragraph 2 of Article 2: the management, maintenance, use, and enjoyment of an investment. The following shall, in particular, be deemed "treatment less favourable" within the meaning of paragraph 2 of Article 2: restricting the purchase of raw or auxiliary materials, of power or fuel or of means of production or operation of any kind, impeding the marketing of products inside or outside the country, as well as any other measures having similar effects. Measures that have to be taken for reasons of public security and order, public health or morality shall not be deemed "treatment less favourable" within the meaning of Article 2.
(b) Either Contracting Party may, in admitting an investment by nationals or companies of the other Contracting Party, agree with them on specific stipulations deviating from the treatment provided for in Article 2. Such stipulations shall only be effective if the deviating measures have been described in detail and laid down individually in the document of admission or, if no such document of admission is required, in a special written agreement made with the nationals or companies of the other Contracting Party prior to effecting the investment. If specific stipulations of that nature have been agreed the provisions of Article 2 shall, to that extent, not be applicable.
(c) Article 2 shall not apply to entry, sojourn, and activity as an employee
Ad Article. 25
a) It is understood that an exchange of information will only be requested once the requesting Contracting State has exhausted all regular sources of information available under the internal taxation procedure.
b) It is understood that the tax authorities of the requesting State shall provide t the following information to the tax authorities of the requested State when making a request for information under Article 25:
(i) the identity of the person under examination or investigation;
(ii) the period of time for which the information is requested;
(iii) a statement of the information sought including its nature and the form in which the requesting State wishes to receive the information from the requested State;
(iv) the tax purpose for which the information is sought;
(v) to the extent known, the name and address of any person believed to be in possession of the requested information.
