Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. 2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged without regard to whether the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party. 3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations. 4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. 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, 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, at that time, need such information for its own tax purposes. 6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following: a) the identity of the person under examination or investigation; b) the period of time with respect to which the information is requested; c) the nature of the information requested and the form in which the Requesting Party would prefer to receive it; d) the matter under the Requesting Party’s tax law with respect to which the information is sought; e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article; f) grounds for believing that the information requested is present in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party; g) to the extent known, the name and address of any person believed to be in possession or control of the information requested; h) a statement that the request is in conformity with the law and administrative practice of the Requesting Party; i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and j) a statement that the Requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty. 7. If specifically requested by the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documents. 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 pursuant to a request under this Agreement. 9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 4 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Party shall provide upon request by the Requesting requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use at its own discretion all relevant information gathering measures necessary 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 depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 the terms of Article 61, to obtain and provide, through its competent authority and upon receiving a request:
(a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and;
b(i) information regarding the legal and beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), foundations and other persons, including, within including in the constraints case of Article 2collective investment schemes, information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; in the case of foundations foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities . Provided that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request and shall specify in writing the followingwriting:
(a) the identity of the person under examination or investigation;
(b) the period of time with respect to for which the information is requested;
(c) the nature of the information requested and the form in which the Requesting requesting Party would prefer to receive it;
(d) the matter under the Requesting Party’s tax law with respect to purpose for which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting requesting Party, with respect to the person identified in paragraph 6(asubparagraph (a) of this Articleparagraph;
(f) grounds for believing that the information requested is present in the Requested requested Party or is in the possession of, or control of obtainable by, a person within the jurisdiction of the Requested requested Party;
(g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(h) a statement that the request is in conformity with the law laws and administrative practice practices of the Requesting requesting Party, that if the requested information was 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 and that it is in conformity with this Agreement;
(i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
76. If specifically The competent authority of the requested by Party shall acknowledge receipt of the request of the competent authority of the Requesting Party, requesting Party and shall use its best endeavours to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documentsrequesting Party as soon as possible.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 4 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting the requested Party shall have the right to submit a provide upon request to the competent authority of the other Contracting applicant Party information for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged without regard to whether to
2. If the conduct being investigated by information in the Requesting Party would constitute a crime under the laws possession of the Requested competent authority of the requested Party if 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 conduct occurred in the Requested Partyinformation for its own tax purposes.
3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has the authority, its competent authorities for the purposes referred to specified in Article 1 and subject to Article 2 and paragraph 2 of Article 6the Agreement, have the authority to obtain and provide, through its competent authority and provide upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, person acting in an agency or fiduciary capacity; andcapacity including nominees and trustees;
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), partnerships and other persons, including, ,
(i) within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
45. The competent authority of the Requesting applicant Party shall make a formulate the request only when it is unable with the greatest detail possible and shall provide the following information to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. If the information in the possession of the competent authority of the Requested requested Party is not sufficient to enable it to comply with when making a request for information under the request, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible Agreement to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following:
a) the identity of the person under examination or investigation;
b) the taxable period of time with respect to for which the information is requestedsought;
c) the nature a statement of the information requested sought including its nature and the form in which the Requesting applicant Party would prefer wishes to receive itthe information from the requested Party;
d) the matter under the Requesting Party’s tax law with respect to which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article;
f) grounds for believing that the information requested is present held in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
gf) to the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested information;
hg) a statement that the request is in conformity with the law and administrative practice practices of the Requesting applicant Party;
i) a statement , that if the Requesting 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 provide the requested information if a similar request were made by the Requested Partythat it is in conformity with this Agreement; and
jh) a statement that the Requesting applicant Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficultydifficulties.
76. If specifically requested by the The competent authority of the Requesting 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 requested Party shall provide information under this Article shall:
a) Confirm receipt of a request in writing to the extent allowable under its domestic laws competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the form request, if any, within 60 days of depositions the receipt of witnesses and authenticated copies of original documentsthe request.
8. The rights and safeguards secured to persons by b) If the laws or administrative practice competent authority of the Requested requested Party remain applicable has been unable to obtain and provide the extent that they do not unduly prevent information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or delay effective exchange of information pursuant it refuses to a request under this Agreement.
9. Only information with respect to furnish the person identified in a request according to paragraph 6(a) of this Article may be requested by information, it shall immediately inform the Requesting applicant Party, and identifying information about other persons explaining the reason for its inability, the nature of the Contracting Parties (obstacles or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreementreasons for its refusal.
Appears in 3 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. (a) The competent authority of a Contracting the Requested Party shall have the right to submit a obtain and provide upon request to the competent authority of the other Contracting Party information for the purposes referred to in Article 1. The competent authority Such information shall include:
(i) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; and
(ii) information regarding the ownership of companies, partnerships, trusts, foundations 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, protectors and beneficiaries; and in the case of foundations, information on founders, members of the Requested Party shall provide upon request by the Requesting Party foundation council and beneficiaries.
(b) The information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information subparagraph (a) shall be exchanged provided without regard to whether the conduct being investigated by the Requesting Party under examination would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. If the information in the possession of the competent authority of the Requested Party is not sufficient to enable it to comply with the requestrequest for 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, at that time, not need such information for its own tax purposes.
63. Any request made If specifically requested by a the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article in the form of authenticated copies of original records.
4. This 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 Requesting Party shall be framed with provide the greatest degree following information to the competent authority of specificity possible the Requested Party when making a request for information under this Agreement to demonstrate the foreseeable relevance of the information sought to the request. In all cases, a request shall specify in writing the following:
(a) the identity of the person under examination or investigationexamination;
(b) the period of time with respect to which the information is requested;
c) the nature a statement of the information requested including its nature and the form in which the Requesting Party would prefer wishes to receive itthe information from the Requested Party;
d(c) the matter under the Requesting Party’s tax law with respect to purposes for which the information requested is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article;
f(d) grounds for believing that the information requested is present in held by the Requested Party or is in the possession or control of a person who is within the territorial jurisdiction of the Requested Party;
g(e) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
h(f) a statement that the request is in conformity with the law laws and administrative practice practices of the Requesting Party;
i) a statement , that if the information requested was within the territorial jurisdiction of the Requesting Party then the competent authority of the Requesting Party would be able to obtain the information under the laws or in the normal course of administrative practices of the Requesting Party and provide that the requested information if a similar request were made by is in conformity with the Requested PartyAgreement; and
j(g) a statement that the Requesting Party has pursued all reasonable means available in within its own territory territorial jurisdiction to obtain the informationinformation requested, except where those that would give rise to disproportionate difficultydifficulties.
76. If specifically The competent authority of the Requested Party shall forward the information requested by as promptly as possible to the Requesting 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 Requesting Party and shall notify the competent authority of the Requesting Party of deficiencies in the request, if any, within sixty days of the receipt of the request; and
(b) if the competent authority of the Requested Party has been unable to obtain and provide the information within ninety days of the receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, immediately inform the competent authority of the Requesting Party, explaining the competent authority reason for its inability, the nature of the Requested Party shall provide information under this Article to obstacles or the extent allowable under reasons for its domestic laws in the form of depositions of witnesses and authenticated copies of original documentsrefusal.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 2 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. 1 — The competent authority of the Requested requested Party shall provide upon request by the Requesting requesting Party information in- formation for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreementarticle 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute consti- tute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested territory of the requested Party. The com- petent authority of the requesting Party shall only make a request for information pursuant to this article when it is unable to obtain the requested information by other means in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
3. 2 — If the information in the possession of the com- petent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all applicable informa- tion gathering measures necessary to provide the request- ing Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
3 — If specifically requested by the competent author- ity of the requesting Party, the competent authority of the requested Party shall provide information under this article, to the extent allowable under its laws, in the form of depositions of witnesses and authenticated copies of original records.
4 — Each Contracting Party shall ensure that it has its competent authori- ties, in accordance with the authority, for terms of this Agreement have the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, authority to obtain and provide, through its competent authority and provide upon receiving a request:
a) information Information held by banks, other financial institutions, institutions and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information Information regarding the beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2in- formation on shares, information on all such persons in an ownership chainunits and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations information foundations, informa- tion on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.;
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. 5 — Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request and shall specify in writing the followingwriting:
a) the The identity of the person under examination or investigationin- vestigation;
b) the The period of time with respect to for which the information is requested;
c) the The nature of the information requested sought and the form in which the Requesting requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s The tax law with respect to purpose for which the information is sought;
e) the The reasons for believing that the information requested re- quested is foreseeably relevant to the tax administration and enforcement of the Requesting tax law of the requesting Party, with respect to the person identified in paragraph 6(asubparagraph a) of this Articleparagraph;
f) grounds Grounds for believing that the information requested is present held in the Requested requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the Requested requested Party;
g) to To the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested in- formation;
h) a A statement that the request is in conformity with the law laws and administrative practice practices of the Requesting requesting Party;
i) a statement , that if the Requesting requested information was 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 and provide the requested information if a similar request were made by the Requested Party; andthat it is in conformity with this Agreement;
ji) a A statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the informationinforma- tion, except where those that would give rise to disproportionate difficultydifficulties.
7. If specifically 6 — The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Party and shall use its best endeavours to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in requesting Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 2 contracts
Samples: Exchange of Information Agreement, Exchange of Information Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting the requested Party shall have provide upon request by the right to submit a request to the competent authority of the other Contracting re- questing Party information for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested territory of the requested Party. The competent au- thority of the requesting Party shall only make a request for information pursuant to this Arti- cle when it is unable to obtain the requested information by other means in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all applicable information gathering measures necessary to provide the re- questing Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting Party, the compe- tent authority of the requested Party shall provide information under this Article, to the extent allowable under its laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has its competent authorities, in accordance with the authority, for terms of this Agreement have the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, authority to obtain and provide, through its competent authority and provide upon receiving a request:
a) information Information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and,
b) information Information regarding the legal and beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), partner- ships and other persons, includingpersons and, within the constraints of Article 2, information on all such any other persons in an ownership chain; in , including
i) In the case of collective investment funds and schemes, information on shares, units and other interests;
ii) In the case of trusts, information on settlors, trustees protectors and beneficiariesbenefi- ciaries; in and
iii) In the case of foundations foundations, information on founders, members of the foundation founda- tion council and beneficiaries; and equivalent information in the case of entities , provided that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or any public collective investment invest- ment funds or schemes unless such information can be obtained without giving rise to disproportionate dispro- portionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request and shall specify in writing the followingwriting:
a) the The identity of the person under examination or investigation;,
b) the The period of time with respect to for which the information is requested;,
c) the The nature of the information requested sought and the form in which the Requesting requesting Party would prefer to receive it;,
d) the matter under the Requesting Party’s The tax law with respect to purpose for which the information is sought;,
e) the The reasons for believing that the information requested is foreseeably relevant to tax the administration and enforcement of the Requesting tax law of the requesting Party, with respect re- spect to the person identified in paragraph 6(asubparagraph a) of this Article;paragraph,
f) grounds Grounds for believing that the information requested is present held in the Requested requested Party or is in the possession of or in the control of or obtainable by a person within the jurisdiction of the Requested requested Party;,
g) to To the extent known, the name and address of any person believed to be in possession posses- sion of or in the control of or able to obtain the information requested;requested information,
h) a A statement that the request is in conformity conforms with the law laws and administrative practice of the Requesting Party;requesting Party and that the information would be obtainable by the request- ing Party under its laws or in the normal course of administrative practice in re- sponse to a valid request made in similar circumstances from the requested Party under this Agreement,
i) a A statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficultydispropor- tionate difficulties.
76. If specifically The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Party and shall use its best endeavours to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in requesting Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 2 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Party shall provide upon request by the Requesting requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall at its own discretion use all relevant information gathering measures necessary 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 depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 61, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and;
b(i) information regarding the beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), foundations and other persons, including, within including in the constraints case of Article 2collective investment schemes, information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders. Further, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This this Agreement does not create an obligation on the Contracting Parties for a Party to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the followingspecifying in writing:
a) the identity of the person under examination or investigation;
b) the period of time with respect to for which the information is requested;
c) the nature of the information requested and the form in which the Requesting requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s tax law with respect to purpose for which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting requesting Party, with respect to the person identified in paragraph 6(asubparagraph (a) of this Articleparagraph;
f) grounds for believing that the information requested is present held in the Requested requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the Requested requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
h) a statement that the request is in conformity with the law laws and administrative practice practices of the Requesting requesting Party, that if the requested information was 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 and that it is in conformity with this Agreement;
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficulty.
76. If specifically The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Party and shall use its best endeavours to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documentsrequesting Party as soon as possible.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 2 contracts
Samples: Tax Information Exchange Agreement, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. 1 — The competent authority of the Requested requested Party shall provide upon request by the Requesting requesting Party information in- formation for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreementarticle 1. Such information shall be exchanged provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute consti- tute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested territory of the requested Party. The com- petent authority of the requesting Party shall only make a request for information pursuant to this article when it is unable to obtain the requested information by other means in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
3. 2 — If the information in the possession of the com- petent authority of the requested Party is not sufficient to enable it to comply with the request for information, that Party shall use at its own discretion all applicable informa- tion gathering measures necessary to provide the request- ing Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
3 — If specifically requested by the competent author- ity of the requesting Party, the competent authority of the requested Party shall provide information under this article, to the extent allowable under its laws, in the form of depositions of witnesses and authenticated copies of original records.
4 — Each Contracting Party shall ensure that it has its competent authori- ties, in accordance with the authority, for terms of this Agreement have the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, authority to obtain and provide, through its competent authority and provide upon receiving a request:
a) information Information held by banks, other financial institutionsinstitu- tions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information Information regarding the beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), partnerships and other persons, includingincluding in the case of collective investment funds and schemes, within the constraints of Article 2in- formation on shares, information on all such persons in an ownership chainunits and other interests; in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations information foundations, informa- tion on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.;
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. 5 — Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request and shall specify in writing the followingwriting:
a) the The identity of the person under examination or investigationin- vestigation;
b) the The period of time with respect to for which the information is requested;
c) the The nature of the information requested sought and the form in which the Requesting requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s The tax law with respect to purpose for which the information is sought;
e) the The reasons for believing that the information requested re- quested is foreseeably relevant to the tax administration and enforcement of the Requesting tax law of the requesting Party, with respect to the person identified in paragraph 6(asubparagraph a) of this Articleparagraph;
f) grounds Grounds for believing that the information requested is present held in the Requested requested Party or is in the possession of or control of obtainable by a person within the jurisdiction of the Requested requested Party;
g) to To the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested in- formation;
h) a A statement that the request is in conformity with the law laws and administrative practice practices of the Requesting requesting Party;
i) a statement , that if the Requesting requested information was 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 and provide the requested information if a similar request were made by the Requested Party; andthat it is in conformity with this Agreement;
ji) a A statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the informationinforma- tion, except where those that would give rise to disproportionate difficultydifficulties.
7. If specifically 6 — The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Party and shall use its best endeavours to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in requesting Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 2 contracts
Samples: Mutual Agreement Procedure, Mutual Agreement Procedure
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request in writing by the competent authority of the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged provided without regard to whether the Requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested Party if such conduct occurred in the territorial jurisdiction of the Requested Party.
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 depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has the its competent authority, for the purposes referred to specified in Article 1 and subject to Article 2 and paragraph 2 of Article 6this Agreement, has the authority to obtain and provide, through its competent authority and provide upon receiving a request:
(a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and;
(b) information regarding the legal and beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemestrusts, “Anstalten” (where appropriate)foundations, and other persons, persons including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; ;
(i) in the case of trusts, information on settlors, trustees trustees, protectors, and beneficiaries; ;
(ii) in the case of foundations foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information ;
(iii) in the case of entities that are neither trusts nor foundations, equivalent information to the information in subparagraphs (i) and (ii) of this paragraph.
45. The competent authority of Notwithstanding the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territorypreceding paragraphs, except where recourse to such means would give rise to disproportionate difficulty. This this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
56. If The competent authority of the Requesting Party shall provide the following information in the possession of to the competent authority of the Requested Party is not sufficient to enable it to comply with the request, the Requested Party shall use all relevant when making a request for information gathering measures to provide the Requesting Party with the information requested, notwithstanding that the Requested Party may not, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible under this Agreement in order to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following:
(a) the identity of the person under examination or investigation;
(b) the period of time with respect to for which the information is requested;
(c) the nature and type of the information requested requested, including a description of the specific evidence sought and the form in which the Requesting Party would prefer to receive itthat information;
(d) the matter under the Requesting Party’s tax law with respect to purposes for which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to the tax administration and enforcement of the tax laws of the Requesting Party, Party with respect to the person identified in paragraph 6(aas per subparagraph (a) of this Articleparagraph;
(f) grounds for believing that the information requested is present in the Requested Party held or is in the possession or control of a person within the territorial jurisdiction of the Requested Party;
(g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(h) a statement that the request is in conformity with this Agreement and the law laws and administrative practice practices of the Requesting Party;
i) a statement , and that if the requested information was within the jurisdiction of the Requesting Party then the competent authority of the Requesting Party would be able to obtain and provide the requested information if a similar request were made by under the Requested Party; andlaws of the Requesting Party or in the normal course of administrative practice;
j(i) a statement that the Requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficultydifficulties.
7. If specifically The competent authority of the Requested Party shall forward the requested by information as promptly as possible to the competent authority of the Requesting Party, . To ensure a prompt response the competent authority of the Requested Party shall provide information under this Article confirm the receipt of a request in writing to the extent allowable under its domestic laws competent authority of the Requesting Party and shall notify the competent authority of the Requesting Party of any deficiencies in the form request within 60 days of depositions receipt of witnesses and authenticated copies of original documentsthe request.
8. The rights and safeguards secured to persons by If the laws or administrative practice competent authority of the Requested Party remain applicable has been unable to obtain and provide the extent that they do not unduly prevent information requested within 90 days of receipt of the request, or delay effective exchange if obstacles are encountered in furnishing the information, or if the competent authority of information pursuant the Requested Party refuses to a request under this Agreement.
9. Only information with respect to provide the person identified in a request according to paragraph 6(a) information, it shall immediately inform the competent authority of this Article may be requested by the Requesting PartyParty in writing, explaining the reasons for its inability to obtain and identifying information about other persons of provide the Contracting Parties (information, or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreementobstacles encountered or the reasons for its refusal to provide the requested information.
Appears in 2 contracts
Samples: Agreement Between the Government of Ireland and the Government of the Commonwealth of Dominica on the Exchange of Information With Respect to Taxes and Tax Matters, Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Party shall provide upon request by the Requesting competent authority of the requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means within its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use all relevant information gathering measures necessary to provide the competent authority of 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 depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 the terms of Article 61, and within the limitations of Article 2, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and;
b) i) information regarding the legal and beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), foundations and other persons, including, within the constraints of Article 2, including information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following:
a) the identity of the person under examination or investigation;
b) the period of time with respect to which the information is requested;
c) the nature of the information requested and the form in which the Requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s tax law with respect to which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article;
f) grounds for believing that the information requested is present in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
h) a statement that the request is in conformity with the law and administrative practice of the Requesting Party;
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
7. If specifically requested by the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documents.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged without regard to whether the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” ìAnstaltenî (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following:
a) the identity of the person under examination or investigation;
b) the period of time with respect to which the information is requested;
c) the nature of the information requested and the form in which the Requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s Partyís tax law with respect to which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article;
f) grounds for believing that the information requested is present in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
h) a statement that the request is in conformity with the law and administrative practice of the Requesting Party;
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
7. If specifically requested by the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documents.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. ) The competent authority of a Contracting Party shall have the right to submit a provide upon request to the competent authority of by the other Contracting Party information for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged provided without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Contracting Party if such conduct it had occurred in the Requested territory of the requested Contracting Party. The competent authority of the requesting Contracting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
(2) If the information in the possession of the competent authority of the requested Contracting Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use at its own discretion all applicable information gathering measures necessary to provide the requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not, at that time, need such information for its own tax purposes.
(3. ) If specifically requested by the competent authority of the requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its laws, in the form of depositions of witnesses and authenticated copies of original records.
(4) Each Contracting Party shall ensure that it has its competent authorities, in accordance with the authority, for terms of this Agreement have the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, authority to obtain and provide, through its competent authority and provide upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and,
b(i) information regarding the beneficial ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), partnerships and other persons, including, within including in the constraints case of Article 2collective investment funds and schemes, information on all such persons in an ownership chain; shares, units and other interests;
(ii) in the case of trusts, information on settlors, trustees trustees, protectors and beneficiaries; and in the case of foundations foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities , provided that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
(5. 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, 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, at that time, need such information for its own tax purposes.
6. ) Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request and shall specify in writing the followingwriting:
a) the identity of the person under examination or investigation;,
b) the period of time with respect to for which the information is requested;,
c) the nature of the information requested sought and the form in which the Requesting requesting Contracting Party would prefer to receive it;,
d) the matter under the Requesting Party’s tax law with respect to purpose for which the information is sought;,
e) the reasons for believing that the information requested is foreseeably relevant to tax the administration and enforcement of the Requesting tax law of the requesting Contracting Party, with respect to the person identified in paragraph 6(asubparagraph a) of this Article;paragraph,
f) grounds for believing that the information requested is present held in the Requested requested Contracting Party or is in the possession of or control of obtainable by a person within the jurisdiction of the Requested requested Contracting Party;,
g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;requested information,
h) a statement that the request is in conformity with the law laws and administrative practice practices of the Requesting requesting Contracting Party;
, that if the requested information was within the jurisdiction of the requesting Contracting Party then the competent authority of the requesting Contracting Party would be able to obtain the information under the laws of the requesting Contracting Party and that it is in conformity with this Agreement, i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Contracting Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficultydifficulties.
7. If specifically (6) The competent authority of the requested by Contracting Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Contracting Party and shall use its best endeavours to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in requesting Contracting Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Agreement on Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Contracting Party shall provide upon request by the Requesting requesting Contracting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Contracting Party if such conduct it had occurred in the Requested territory of the requested Contracting Party. The competent authority of the requesting Contracting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty.
2. If the information in the possession of the competent authority of the requested Contracting Party is not sufficient to enable it to comply with the request for information, the requested Contracting Party shall at its own discretion use all relevant information gathering measures necessary to provide the requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that it has its competent authorities have the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
(a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and;
(b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “trusts, foundations, "Anstalten” (where appropriate), " and other persons, including, within the constraints of Article 2, :
(i) ownership information on all such persons in an ownership chain; ;
(ii) in the case of collective investment schemes, information on shares, units and other interests;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries; ;
(iv) in the case of foundations foundations, information on founders, members of the foundation council and beneficiaries; beneficiaries and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This provided that this Agreement does not create an obligation on the for a Contracting Parties Party to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the followingspecifying in writing:
(a) the identity of the person under examination or investigation;
(b) the period of time with respect to for which the information is requested;
(c) the nature of the information requested and the form in which the Requesting requesting Contracting Party would prefer to receive it;
(d) the matter under the Requesting Party’s tax law with respect to purpose for which the information is sought;
(e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting requesting Contracting Party, with respect to the person identified in paragraph 6(asubparagraph (a) of this Articleparagraph;
(f) grounds for believing that the information requested is present in the Requested requested Contracting Party or is in the possession of or control of obtainable by a person within the jurisdiction of the Requested requested Contracting Party;
(g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
(h) a statement that the request is in conformity with the law laws and administrative practice practices of the Requesting requesting Contracting Party, that if the requested information was within the jurisdiction of the requesting Contracting Party then the competent authority of the requesting Contracting Party would be able to obtain the information under the laws of the requesting Contracting Party or in the normal course of administrative practice and that it is in conformity with this Agreement;
(i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Contracting Party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
7. If specifically requested by the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documents.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Party shall provide upon request by of the Requesting applicant Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct occurred in the Requested requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting applicant Party shall only make a request only for information pursuant to this Article when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
52. If the information in the possession of the competent authority of the Requested requested Party is not sufficient to enable it to comply with the requestrequest for information, the Requested that Party shall use all relevant information gathering measures to provide the Requesting applicant Party with the information requested, notwithstanding that the Requested requested Party may not, at that time, not need such information for its own tax purposes.
63. Any request made If specifically requested by a Requesting the competent authority of an applicant Party, the competent authority of the requested Party shall be framed provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Each Contracting Party shall ensure that its competent authorities, in accordance with the terms of this 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 and other persons, including,
(i) in the case of investment funds or schemes information on the units, shares or other interests in the fund or scheme;
(ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations and enterprises (“Anstalten”), information on founders, members of the foundation council and beneficiaries;
5. The competent authority of the applicant Party shall formulate the request with the greatest degree detail possible and shall provide the following information to the competent authority of specificity possible the requested Party in writing when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following:
a) the identity of the person under examination or investigation;
b) the taxable period of time with respect to for which the information is requestedsought;
c) the nature a statement of the information requested sought including its nature and the form in which the Requesting applicant Party would prefer wishes to receive itthe information from the requested Party;
d) the matter under the Requesting Party’s tax law with respect to purpose for which the information is sought;
e) the reasons grounds for believing that the information requested is foreseeably relevant to tax the administration and enforcement of the Requesting Party, domestic tax laws of the applicant Party with respect regard to the person identified specified in paragraph 6(a) of this Articlesubparagraph a);
f) grounds for believing that the information requested is present held in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested information;
h) 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 or in the normal course of administrative practice of the Requesting Party;applicant Party and that it is in conformity with this Agreement; and
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting applicant Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficultydifficulties.
76. If specifically requested by the The competent authority of the Requesting 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 requested Party shall provide information under this Article shall:
a) Confirm receipt of a request in writing to the extent allowable under its domestic laws competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the form request, if any, within sixty (60) days of depositions the receipt of witnesses and authenticated copies of original documentsthe request.
8. The rights and safeguards secured to persons by b) If the laws or administrative practice competent authority of the Requested requested Party remain applicable has been unable to obtain and provide the extent that they do not unduly prevent information within ninety (90) days of receipt of the request, including if it encounters obstacles in furnishing the information or delay effective exchange of information pursuant it refuses to a request under this Agreement.
9. Only information with respect to furnish the person identified in a request according to paragraph 6(a) of this Article may be requested by information, it shall immediately inform the Requesting applicant Party, and identifying information about other persons explaining the reason for its inability, the nature of the Contracting Parties (obstacles or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreementreasons for its refusal.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged without regard to whether the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting Party shall make a request only when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible to demonstrate the foreseeable relevance of the information to the request. In all cases, a request shall specify in writing the following:
a) the identity of the person under examination or investigation;
b) the period of time with respect to which the information is requested;
c) the nature of the information requested and the form in which the Requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s tax law with respect to which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article;
f) grounds for believing that the information requested is present in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
h) a statement that the request is in conformity with the law and administrative practice of the Requesting Party;
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty.
7. If specifically requested by the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article to the extent allowable under its domestic laws in the form of depositions of witnesses and authenticated copies of original documents.
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 pursuant to a request under this Agreement.Requested
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Party shall provide upon request by the Requesting requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members territory of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4requested Party. The competent authority of the Requesting requesting Party shall only make a request only for information pursuant to this Article when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. This If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use all appropriate information gathering measures to provide the requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Notwithstanding any contrary provisions in its domestic laws, each Party shall ensure that its competent authorities have the authority, subject to the terms of Articles 1 and 2 of this Agreement, to obtain and to provide upon request:
a) information held by banks, other financial institutions and any person, including nominees and trustees, acting in an agency or fiduciary capacity;
b) information regarding the ownership of companies, partnerships, collective investment schemes and other persons, including:
(i) within the constraints of Article 2, ownership information on all such persons in an ownership chain;
(ii) in the case of collective investment schemes, information on shares, units and other interests in the fund or scheme;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(v) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iv). Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity possible to demonstrate the foreseeable relevance of the information to the request. In details and shall in all cases, a request shall cases specify in writing the followingwriting:
a) the identity of the person under examination or investigation;
b) the taxable period of time with respect to for which the information is requested;
c) a statement of the information sought including the nature of the information requested and the form in which the Requesting requesting Party would prefer to receive it;
d) the matter under the Requesting Party’s requesting Party‟s tax law with respect to which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax the administration and or enforcement of the Requesting Partytaxes of the requesting Party covered under Article 3, with respect to the person identified in paragraph 6(asubparagraph (a) of this Articleparagraph;
f) grounds for believing that the information requested is present in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested information;
h) a statement that the request is in conformity with the law and administrative practice of the Requesting Party;this Agreement; and
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficulty.
76. If specifically The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Party and shall use its best endeavours within its means to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in requesting Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Agreement for the Exchange of Information Relating to Tax Matters
Exchange of Information Upon Request. 1. (a) The competent authority of a Contracting the Requested Party shall have the right to submit a obtain and provide upon request to the competent authority of the other Contracting Party information for the purposes referred to in Article 1. The competent authority of the Requested Party shall provide upon request by the Requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement. Such information shall be exchanged without regard to whether the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a requestinclude:
a(i) information held by banks, other financial institutions, and any person, including nominees and trustees, person acting in an agency or fiduciary capacitycapacity including nominees and trustees; and
b(ii) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemestrusts, “Anstalten” (where appropriate), foundations 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 beneficiaries; and in the case of foundations foundations, information on founders, members of the foundation council and beneficiaries; and equivalent .
(b) The information referred to in subparagraph (a) shall be provided without regard to whether the conduct under examination 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 case possession of entities that are neither trusts nor foundations.
4. The the competent authority of the Requesting Requested Party is not sufficient to enable it to comply with the request for information, the Requested Party shall make a request only when it is unable use all relevant information gathering measures to obtain provide the requested Applicant Party with the information by other means available in requested, notwithstanding that the Requested Party may not need such information for its own territorytax purposes.
3. If specifically requested by the competent authority of the Applicant Party, except where recourse to such means would give rise to disproportionate difficultythe competent authority of the Requested Party shall provide information under this Article in the form of authenticated copies of original records.
4. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. If The competent authority of the Applicant Party shall provide the following information in the possession of to the competent authority of the Requested Party is not sufficient to enable it to comply with the request, the Requested Party shall use all relevant when making a request for information gathering measures to provide the Requesting Party with the information requested, notwithstanding that the Requested Party may not, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party shall be framed with the greatest degree of specificity possible under this Agreement to demonstrate the foreseeable relevance of the information sought to the request. In all cases, a request shall specify in writing the following:
(a) the identity of the person under examination or investigationexamination;
(b) the period of time with respect to which the information is requested;
c) the nature a statement of the information requested including its nature and the form in which the Requesting Applicant Party would prefer wishes to receive itthe information from the Requested Party;
d(c) the matter under the Requesting Party’s tax law with respect to purposes for which the information requested is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax administration and enforcement of the Requesting Party, with respect to the person identified in paragraph 6(a) of this Article;
f(d) grounds for believing that the information requested is present in held by the Requested Party or is in the possession or control of a person who is within the territorial jurisdiction of the Requested Party;
g(e) to the extent known, the name and address of any person believed to be in possession or control of the information requested;
h(f) a statement that the request is in conformity with the law laws and administrative practice practices of the Requesting Applicant Party;
i) a statement , that if the Requesting information requested was within the territorial jurisdiction of the Applicant Party then the competent authority of the Applicant Party would be able to obtain the information under the laws or in the normal course of administrative practices of the Applicant Party and provide that the requested information if a similar request were made by is in conformity with the Requested PartyAgreement; and
j(g) a statement that the Requesting Applicant Party has pursued all reasonable means available in within its own territory territorial jurisdiction to obtain the informationinformation requested, except where those that would give rise to disproportionate difficultydifficulties.
76. If specifically requested by the The competent authority of the Requesting Requested Party shall forward the information requested as promptly as possible to the Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall provide information under this Article shall:
(a) confirm receipt of a request in writing to the extent allowable under its domestic laws competent authority of the Applicant Party and shall notify the competent authority of the Applicant Party of deficiencies in the form request, if any, within sixty days of depositions the receipt of witnesses and authenticated copies of original documents.the request; and
8. The rights and safeguards secured to persons by (b) if the laws or administrative practice competent authority of the Requested Party remain applicable has been unable to obtain and provide the extent that they do not unduly prevent information within ninety days of the receipt of the request, including if it encounters obstacles in furnishing the information or delay effective exchange it refuses to furnish the information, immediately inform the competent authority of information pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Applicant Party, and identifying information about other persons explaining the reason for its inability, the nature of the Contracting Parties (obstacles or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreementreasons for its refusal.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. (1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. ) The competent authority of the Requested requested Party shall provide upon request by of the Requesting applicant Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct occurred in the Requested requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4. The competent authority of the Requesting applicant Party shall only make a request only for information pursuant to this Article when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. (2) If the information in the possession of the competent authority of the Requested requested Party is not sufficient to enable it to comply with the requestrequest for information, the Requested that Party shall use all relevant information gathering measures to provide the Requesting applicant Party with the information requested, notwithstanding that the Requested requested Party may not, at that time, need such information for its own tax purposes.
6. (3) If specifically requested by the competent authority of an applicant Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
(4) Each Contracting Party shall ensure that its competent authorities, in accordance with the terms of this 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 and other persons, including,
i) in the case of investment funds or schemes information on the units, shares or other interests in the fund or scheme;
ii) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries;
(5) Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity detail possible to demonstrate the foreseeable relevance of the information to the request. In and shall in all cases, a request shall cases specify in writing the followingwriting:
a) the identity of the person under examination or investigation;
b) the taxable period of time with respect to for which the information is requestedsought;
c) the nature a statement of the information requested sought including its nature and the form in which the Requesting applicant Party would prefer wishes to receive itthe information from the requested Party;
d) the matter under the Requesting applicant Party’s tax law with respect to which the information is sought;
e) the reasons grounds for believing that the information requested is foreseeably relevant to tax the administration and enforcement of the Requesting Party, domestic tax laws of the applicant Party with respect regard to the person identified specified in paragraph 6(a) of this Articlesubparagraph a;
f) grounds for believing that the information requested is present held in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested information;
h) 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 or in the normal course of administrative practice of the Requesting Party;applicant Party and that it is in conformity with this Agreement; and
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting applicant Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficultydifficulties.
7. If specifically (6) The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, applicant Party and shall use its best endeavours within its means to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in applicant Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Tax Information Exchange Agreement
Exchange of Information Upon Request. 1. The competent authority of a Contracting Party shall have the right to submit a request to the competent authority of the other Contracting Party for the purposes referred to in Article 1. The competent authority of the Requested requested Party shall provide upon request by the Requesting requesting Party information for the purposes referred to in Article 1 and in accordance with and subject to this Agreement.
2. Upon receiving a request, the competent authority of the Requested Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, shall advise if there are any unexpected delays in obtaining the requested information, and shall forward with the least possible delay the requested information to the Requesting Party for the purposes referred to in Article 1 and in accordance with and subject to this Agreement1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated by the Requesting Party would constitute a crime under the laws of the Requested requested Party if such conduct it had occurred in the Requested Party.
3. Each Contracting Party shall ensure that it has the authority, for the purposes referred to in Article 1 and subject to Article 2 and paragraph 2 of Article 6, to obtain and provide, through its competent authority and upon receiving a request:
a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; and
b) information regarding the ownership of legal persons, including companies, partnerships, collective investment funds or schemes, “Anstalten” (where appropriate), and other persons, including, within the constraints of Article 2, information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations information on founders, members territory of the foundation council and beneficiaries; and equivalent information in the case of entities that are neither trusts nor foundations.
4requested Party. The competent authority of the Requesting requesting Party shall only make a request only for information pursuant to this Article when it is unable to obtain the requested information by other means available in its own territory, except where recourse to such means would give rise to disproportionate difficulty.
2. This If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use all appropriate information gathering measures to provide the requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.
3. If specifically requested by the competent authority of the requesting Party, the competent authority of the requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records.
4. Notwithstanding any contrary provisions in its domestic laws, each Party shall ensure that its competent authorities have the authority, subject to the terms of Articles 1 and 2 of this Agreement, to obtain and to provide upon request:
a) information held by banks, other financial institutions and any person, including nominees and trustees, acting in an agency or fiduciary capacity;
b) information regarding the ownership of companies, partnerships, collective investment schemes and other persons, including:
(i) within the constraints of Article 2, ownership information on all such persons in an ownership chain;
(ii) in the case of collective investment schemes, information on shares, units and other interests in the fund or scheme;
(iii) in the case of trusts, information on settlors, trustees and beneficiaries;
(iv) in the case of foundations, information on founders, members of the foundation council and beneficiaries; and
(v) in the case of persons that are neither collective investment schemes, trusts or foundations, equivalent information to the information in subparagraphs (i) to (iv). Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or any public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties.
5. 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, 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, at that time, need such information for its own tax purposes.
6. Any request made by a Requesting Party for information shall be framed formulated with the greatest degree of specificity possible to demonstrate the foreseeable relevance of the information to the request. In details and shall in all cases, a request shall cases specify in writing the followingwriting:
a) the identity of the person under examination or investigation;
b) the taxable period of time with respect to for which the information is requested;
c) a statement of the information sought including the nature of the information requested and the form in which the Requesting requesting Party would prefer to receive it;
d) the matter under the Requesting requesting Party’s tax law with respect to which the information is sought;
e) the reasons for believing that the information requested is foreseeably relevant to tax the administration and or enforcement of the Requesting Partytaxes of the requesting Party covered under Article 3, with respect to the person identified in paragraph 6(asubparagraph (a) of this Articleparagraph;
f) grounds for believing that the information requested is present in the Requested requested Party or is in the possession or control of a person within the jurisdiction of the Requested requested Party;
g) to the extent known, the name and address of any person believed to be in possession or control of the information requestedrequested information;
h) a statement that the request is in conformity with the law and administrative practice of the Requesting Party;this Agreement; and
i) a statement that the Requesting Party would be able to obtain and provide the requested information if a similar request were made by the Requested Party; and
j) a statement that the Requesting requesting Party has pursued all reasonable means available in its own territory to obtain the information, except where those that would give rise to disproportionate difficulty.
76. If specifically The competent authority of the requested by Party shall acknowledge receipt of the request to the competent authority of the Requesting Party, requesting Party and shall use its best endeavours within its means to forward the competent authority of the Requested Party shall provide requested information under this Article to the extent allowable under its domestic laws in requesting Party with the form of depositions of witnesses and authenticated copies of original documentsleast reasonable delay.
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 pursuant to a request under this Agreement.
9. Only information with respect to the person identified in a request according to paragraph 6(a) of this Article may be requested by the Requesting Party, and identifying information about other persons of the Contracting Parties (or of any other taxing jurisdiction) may be redacted so that such information is not visible in the information exchanged under this Agreement.
Appears in 1 contract
Samples: Agreement for the Exchange of Information Relating to Tax Matters
