Common use of Exchange of Information Upon Request Clause in Contracts

Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide information for the purposes referred to in Article 1 (Object and Scope of this Agreement) upon request by the competent authority of the applicant Party. 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 would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Privileges under the laws and practices of the applicant Party shall not apply in the execution of a request by the requested Party and the resolution of such matters shall be solely the responsibility of the applicant Party. 3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall, to the extent allowable under its domestic laws: a) specify the time and place for the taking of testimony or the production of books, papers, records and other data; b) place the individual giving testimony or producing books, papers, records or other data under oath; c) permit the presence of individuals designated by the competent authority of the applicant Party as being involved in or affected by execution of the request, including an accused, counsel for the accused, individuals charged with the administration or enforcement of the domestic laws of the applicant Party covered by this Agreement or a commissioner or magistrate for the purpose of rendering evidentiary rulings or determining issues of privilege under the laws of the applicant Party; d) provide individuals permitted to be present with an opportunity to question, directly or through the executing authority, the individual giving testimony or producing books, papers, records and other data; e) secure original and unedited books, papers, records and other data; f) secure or produce true and correct copies of original and unedited books, papers, records and other data; g) determine the authenticity of books, papers, records and other data produced, and provide authenticated copies of original books, papers, records and other data; h) examine the individual producing books, papers, records and other data regarding the purpose for which and the manner in which the item produced is or was maintained; i) permit the competent authority of the applicant Party to provide written questions to which the individual producing books, papers, records and other data is to respond regarding the items produced; j) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party; and k) certify either that procedures requested by the competent authority of the applicant Party were followed or that the procedures requested could not be followed, with an explanation of the deviation and the reason therefor. 4. Each Party shall ensure that its competent authority for the purposes specified in Article 1 (Object and Scope of this Agreement) of this Agreement, has 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; and b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2 (Jurisdiction), 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, information on founders, members of the foundation council and beneficiaries. Notwithstanding subparagraph 4(b), this Agreement does not create an obligation on the 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 to the requested Party. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under this Agreement, with the greatest degree of specificity possible: a) the identity of the person or ascertainable group or category of persons under examination or investigation; b) a statement of the information sought, including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the period of time with respect to which the information is requested; d) the matter under the applicant Party’s tax law with respect to which the information is sought; e) grounds for believing that the information requested is foreseeably relevant to tax administration or enforcement of the applicant Party with respect to the person or group or category of persons identified in subparagraph 5(a); f) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; g) to the extent known, the name and address of any person believed to be in possession or control of the requested 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 of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and i) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The provisions of the preceding paragraphs shall not be construed so as to impose on a Party the obligation to supply information requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party. A provision of tax law or connected requirement will be considered to be discriminatory against a national of the requested Party if it is more burdensome with respect to a national of the requested Party than with respect to a national of the applicant Party in the same circumstances. For purposes of the preceding sentence, a national of the applicant Party who is subject to tax on worldwide income is not in the same circumstances as a national of the requested Party who is not subject to tax on worldwide income. The provisions of this paragraph shall not be construed so as to prevent the exchange of information with respect to the taxes imposed by the Parties on branch profits or on the premium income of nonresident insurers or foreign insurance companies.

Exchange of Information Upon Request. 1. The competent authority of the requested Party party shall provide upon request by the requesting party information for the purposes referred to in Article 1 (Object and Scope of this Agreement) upon request by the competent authority of the applicant Party. I. Such information shall be exchanged without regard to whether the requested Party party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under the laws of the requested Party party if such conduct it had occurred in the territory of the requested Partyparty. 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 party is not sufficient to enable it to comply with the request for information, the requested Party party shall use take all relevant information gathering measures to provide the applicant Party requesting party with the information requested, notwithstanding that the requested Party party may not not, at that time, need such information for its own tax purposes. Privileges under the laws and practices of the applicant Party requesting party shall not apply in the execution of a request by the requested Party party and the resolution of such matters shall be solely reserved for resolution by the responsibility of the applicant Partyrequesting party. 3. If specifically requested by the competent authority of the applicant Partyrequesting party, the competent authority of the requested Party party shall, to the extent allowable under its domestic laws:, (a) specify the time and place for the taking of testimony or the production of books, papers, records records, and other datatangible property; (b) place the individual giving testimony or producing books, papers, records or and other data tangible property under oath; (c) permit representatives of the presence of individuals designated by the requesting party’s competent authority (i.e., government officials) to be present in the offices of the applicant Party as being involved in or affected by execution requested party’s tax administration during the pertinent part of the requesta tax examination and to verify documents, including an accused, counsel for the accused, individuals charged registers and other relevant data with the administration or enforcement of the domestic laws of the applicant Party covered by this Agreement or a commissioner or magistrate for the purpose of rendering evidentiary rulings or determining issues of privilege under the laws of the applicant Partyrespect to such examination; (d) provide individuals officials permitted to be present with an opportunity to question, directly or through the executing authority, the individual giving testimony or producing books, papers, records and other datatangible property; (e) secure obtain original and unedited books, papers, records and records, and other datatangible property, including, but not limited to, information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; (f) secure obtain or produce true and correct copies of original and unedited books, papers, records papers and other datarecords; (g) determine the authenticity of books, papers, records and other data tangible property produced, and provide authenticated copies of original books, papers, records and other datarecords; (h) examine the individual producing books, papers, records and other data tangible property regarding the purpose for which and the manner in which the item produced is or was maintained; (i) permit the competent authority of the applicant Party requesting party to provide written questions to which the individual producing books, papers, records and other data tangible property is to respond regarding the items item produced; (j) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party; and k) certify either that procedures requested by the competent authority of the applicant Party were followed or that the procedures requested could not be followed, with an explanation of the deviation and the reason therefor. 4. Each Party shall ensure that its competent authority for the purposes specified in Article 1 (Object and Scope of this Agreement) of this Agreement, has 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; and b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” foundations and other persons, including, within the constraints of Article 2 (Jurisdiction), 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, information on founders, members of the foundation council and beneficiaries. Notwithstanding subparagraph 4(b)Further, this Agreement does not create an obligation on the Parties parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties to difficulties; (k) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party.party; 5. The competent authority of the applicant Party shall provide the following information to (l) certify either that procedures requested by the competent authority of the requesting party were followed or that the procedures requested Party when making a could not be followed, with an explanation of the deviation and the reason therefor. 4. Any request for information under this Agreement, made by a party shall be framed with the greatest degree of specificity possible. In all cases, such requests shall specify in writing the following: (a) the identity of the person taxpayer whose tax or ascertainable group or category of persons under examination or investigationcriminal liability is at issue; (b) a statement of the information sought, including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the period of time with respect to which the information is requested; (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 applicant Party’s tax law with respect to which the information is sought; e) grounds reasons for believing that the information requested is foreseeably may be relevant to tax administration or and enforcement of the applicant Party requesting party, with respect to the person or group or category of persons identified in subparagraph 5(a)(a) of this paragraph; f) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; g(e) to the extent known, the name and address of any person believed to be in possession or control of the requested informationinformation requested; h(f) a statement as to whether the requesting party would be able to obtain and provide the requested information if a similar request were made by the requested party; (g) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and i) a statement that the applicant Party requesting party has pursued all reasonable means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty. 6. The provisions of the preceding paragraphs shall not be construed so as to impose on a Party the obligation to supply information requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party. A provision of tax law or connected requirement will be considered to be discriminatory against a national of the requested Party if it is more burdensome with respect to a national of the requested Party than with respect to a national of the applicant Party in the same circumstances. For purposes of the preceding sentence, a national of the applicant Party who is subject to tax on worldwide income is not in the same circumstances as a national of the requested Party who is not subject to tax on worldwide income. The provisions of this paragraph shall not be construed so as to prevent the exchange of information with respect to the taxes imposed by the Parties on branch profits or on the premium income of nonresident insurers or foreign insurance companies.

Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide information for the purposes referred to in Article 1 (Object and Scope of this Agreement) upon request by the competent authority of the applicant Party. 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 would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the requested Party shall use all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Privileges under the laws and practices of the applicant Party shall not apply in the execution of a request by the requested Party and the resolution of such matters shall be solely the responsibility of the applicant Party. 3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall, to the extent allowable under its domestic laws: (a) specify the time and place for the taking of testimony or the production of books, papers, records and other data; (b) place the individual giving testimony or producing books, papers, records or other data under oath; (c) permit the presence of individuals designated by the competent authority of the applicant Party as being involved in or affected by execution of the request, including an accused, counsel for the accused, individuals charged with the administration or enforcement of the domestic laws of the applicant Party covered by this Agreement or a commissioner or magistrate for the purpose of rendering evidentiary rulings or determining issues of privilege under the laws of the applicant Party; (d) provide individuals permitted to be present with an opportunity to question, directly or through the executing authority, the individual giving testimony or producing books, papers, records and other data; (e) secure original and unedited books, papers, records and other data; (f) secure or produce true and correct copies of original and unedited books, papers, records and other data; (g) determine the authenticity of books, papers, records and other data produced, and provide authenticated copies of original books, papers, records and other data; (h) examine the individual producing books, papers, records and other data regarding the purpose for which and the manner in which the item produced is or was maintained; (i) permit the competent authority of the applicant Party to provide written questions to which the individual producing books, papers, records and other data is to respond regarding the items produced; (j) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party; and (k) certify either that procedures requested by the competent authority of the applicant Party were followed or that the procedures requested could not be followed, with an explanation of the deviation and the reason therefor. 4. Each Contracting Party shall ensure that its competent authority authority, for the purposes specified in Article 1 (Object and Scope of this Agreement) of this Agreement, has 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; and (b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, within the constraints of Article 2 (Jurisdiction), 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, information on founders, members of the foundation council and beneficiaries. Notwithstanding subparagraph 4(b), 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 to the requested Party. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under this Agreement, with the greatest degree of specificity possible: (a) the identity of the person or ascertainable group or category of persons under examination or investigation; (b) a statement of the information sought, including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the period of time with respect to which the information is requested; (d) the matter under the applicant Party’s tax law with respect to which the information is sought; (e) grounds for believing that the information requested is foreseeably relevant to tax administration or enforcement of the applicant Party with respect to the person or group or category of persons identified in subparagraph 5(a); (f) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (g) to the extent known, the name and address of any person believed to be in possession or control of the requested 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 of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and (i) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The provisions of the preceding paragraphs shall not be construed so as to impose on a Party the obligation to supply information requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party. A provision of tax law or connected requirement will be considered to be discriminatory against a national of the requested Party if it is more burdensome with respect to a national of the requested Party than with respect to a national of the applicant Party in the same circumstances. For purposes of the preceding sentence, a national of the applicant Party who is subject to tax on worldwide income is not in the same circumstances as a national of the requested Party who is not subject to tax on worldwide income. The provisions of this paragraph shall not be construed so as to prevent the exchange of information with respect to the taxes imposed by the Parties on branch profits or on the premium income of nonresident insurers or foreign insurance companies.

Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the competent authority of the requesting Party information for the purposes referred to in Article 1 (Object and Scope of this Agreement) upon request by the competent authority of the applicant Party. 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 would constitute a crime under the laws of the requested Party if such conduct it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty. 2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the competent authority of the requested Party shall use take all relevant information gathering measures to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes. Privileges under the laws and practices of the applicant requesting Party shall not apply in the execution of a request by the requested Party and the resolution of such matters shall be solely reserved for resolution by the responsibility of the applicant requesting Party. 3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall, to the extent allowable under its domestic laws:, (a) specify the time and place for the taking of testimony or the production of books, papers, records records, and other datatangible property; (b) place the individual giving testimony or producing books, papers, records or and other data tangible property under oath; (c) permit the presence of individuals designated by the competent authority of the applicant Party as being involved in or affected by execution of the request, including an accused, counsel for the accused, individuals charged with the administration or enforcement of the domestic laws of the applicant Party covered by this Agreement or a commissioner or magistrate for the purpose of rendering evidentiary rulings or determining issues of privilege under the laws of the applicant Party; d) provide individuals permitted to be present with an opportunity to question, directly or through the executing authority, the individual giving testimony or producing books, papers, records and other data; e) secure original and unedited books, papers, records and records, and other datatangible property; f(d) secure or produce true and correct copies of original and unedited books, papers, records papers and other datarecords; g(e) determine the authenticity of books, papers, records and other data tangible property produced, and provide authenticated copies of original books, papers, records and other datarecords; h(f) examine the individual producing books, papers, records and other data tangible property regarding the purpose for which and the manner in which the item produced is or was maintained; i(g) permit the competent authority of the applicant requesting Party to provide written questions to which the individual producing books, papers, records and other data tangible property is to respond regarding the items produced; j(h) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party; and; k(i) certify either that procedures requested by the competent authority of the applicant requesting Party were followed or that the procedures requested could not be followed, with an explanation of the deviation and the reason therefor. 4. Each Party shall ensure that its competent authority it has the authority, for the purposes specified referred to in Article 1 (Object and Scope of this Agreement) Agreement and subject to Article 2 of this Agreement, has the authority to obtain and provide provide, through its competent authority and upon request: (a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity; and (b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, including within the constraints of Article 2 (Jurisdiction)of this Agreement, 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, information on founders, members of the foundation council and beneficiaries. Notwithstanding However, notwithstanding subparagraph 4(b), this Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes schemes, unless such information can be obtained without giving rise to disproportionate difficulties to the requested Partydifficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a Any request for information under this Agreement, made by a Party shall be framed with the greatest degree of specificity possible. In all cases, such requests shall specify in writing the following: (a) the identity of the person taxpayer whose tax or ascertainable group or category of persons under examination or investigationcriminal liability is at issue; (b) a statement of the information sought, including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the period of time with respect to which the information is requested; (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 applicant requesting Party’s tax law with respect to which the information is sought; (e) grounds the reasons for believing that the information requested is foreseeably may be relevant to tax administration or and enforcement of the applicant Party requesting Party, with respect to the person or group or category of persons identified in subparagraph 5(a)(a) of this paragraph; (f) grounds for believing that the information requested is held 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 requested informationinformation requested; (h) a statement that as to whether 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 requesting Party would be able to obtain and provide the requested information under if a similar request were made by the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; andrequested Party; (i) a statement that the applicant requesting Party has pursued all reasonable means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty. 6. The provisions of the preceding paragraphs shall not be construed so as to impose on a Party the obligation to supply information requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party. A provision of tax law or connected requirement will be considered to be discriminatory against a national of the requested Party if it is more burdensome with respect to a national of the requested Party than with respect to a national of the applicant Party in the same circumstances. For purposes of the preceding sentence, a national of the applicant Party who is subject to tax on worldwide income is not in the same circumstances as a national of the requested Party who is not subject to tax on worldwide income. The provisions of this paragraph shall not be construed so as to prevent the exchange of information with respect to the taxes imposed by the Parties on branch profits or on the premium income of nonresident insurers or foreign insurance companies.

Exchange of Information Upon Request. 1. The competent authority of the requested Party shall provide upon request by the competent authority of the requesting Party information for the purposes referred to in Article 1 (Object and Scope of this Agreement) upon request by the competent authority of the applicant Party. 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 would constitute a crime under the laws of the requested Party if such conduct it had occurred in the territory of the requested Party. The competent authority of the requesting Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other means, except where recourse to such means would give rise to disproportionate difficulty. 2. If the information in the possession of the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, the competent authority of the requested Party shall use take all relevant information gathering measures to provide the applicant requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Privileges under the laws and practices of the applicant Party shall not apply in the execution of a request by the requested Party and the resolution of such matters shall be solely the responsibility of the applicant Party., 3. If specifically requested by the competent authority of the applicant requesting Party, the competent authority of the requested Party shall, to the extent allowable under its domestic laws:, (a) specify the time and place for the taking of testimony or the production of books, papers, records records, and other datatangible property; (b) place the individual giving testimony or producing books, papers, records or and other data tangible property under oath; (c) permit the presence of individuals designated by the competent authority of the applicant Party as being involved in or affected by execution of the request, including an accused, counsel for the accused, individuals charged with the administration or enforcement of the domestic laws of the applicant Party covered by this Agreement or a commissioner or magistrate for the purpose of rendering evidentiary rulings or determining issues of privilege under the laws of the applicant Party; d) provide individuals permitted to be present with an opportunity to question, directly or through the executing authority, the individual giving testimony or producing books, papers, records and other data; e) secure original and unedited books, papers, records and records, and other datatangible property; f(d) secure or produce true and correct copies of original and unedited books, papers, records papers and other datarecords; g(e) determine the authenticity of books, papers, records and other data tangible property produced, and provide authenticated copies of original books, papers, records and other datarecords; h(f) examine the individual producing books, papers, records and other data tangible property regarding the purpose for which and the manner in which the item produced is or was maintained; i(g) permit the competent authority of the applicant requesting Party to provide written questions to which the individual producing books, papers, records and other data tangible property is to respond regarding the items produced; j(h) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party; and; k(i) certify either that procedures requested by the competent authority of the applicant requesting Party were followed or that the procedures requested could not be followed, with an explanation of the deviation and the reason therefor. 4. Each Party shall ensure that its competent authority it has the authority, for the purposes specified referred to in Article 1 (Object and Scope of this Agreement) Agreement and subject to Article 2 of this Agreement, has the authority to obtain and provide provide, through its competent authority and upon request: (a) information held by banks, other financial institutions, and any person person, including nominees and trustees, acting in an agency or fiduciary capacity including nominees and trusteescapacity; and (b) information regarding the ownership of companies, partnerships, trusts, foundations, “Anstalten” and other persons, including, including within the constraints of Article 2 (Jurisdiction)of this Agreement, 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, information on founders, members of the foundation council and beneficiaries. Notwithstanding subparagraph 4(b), this Agreement does not create an obligation on the 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 to the requested Party. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a Any request for information under this Agreement, made by a Party shall be framed with the greatest degree of specificity possible. In all cases, such requests shall specify in writing the following: (a) the identity of the person taxpayer whose tax or ascertainable group or category of persons under examination or investigationcriminal liability is at issue; (b) a statement of the information sought, including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the period of time with respect to which the information is requested; (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 applicant requesting Party’s tax law with respect to which the information is sought; (e) grounds the reasons for believing that the information requested is foreseeably may be relevant to tax administration or and enforcement of the applicant Party requesting Party, with respect to the person or group or category of persons identified in subparagraph 5(a)(a) of this paragraph; (f) grounds for believing that the information requested is held 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 requested informationinformation requested; (h) a statement that as to whether 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 requesting Party would be able to obtain and provide the requested information under if a similar request were made by the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; andrequested Party; (i) a statement that the applicant requesting Party has pursued all reasonable means available in its own territory to obtain the information, except those where that would give rise to disproportionate difficultiesdifficulty. 6. The provisions of the preceding paragraphs shall not be construed so as to impose on a Party the obligation to supply information requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party. A provision of tax law or connected requirement will be considered to be discriminatory against a national of the requested Party if it is more burdensome with respect to a national of the requested Party than with respect to a national of the applicant Party in the same circumstances. For purposes of the preceding sentence, a national of the applicant Party who is subject to tax on worldwide income is not in the same circumstances as a national of the requested Party who is not subject to tax on worldwide income. The provisions of this paragraph shall not be construed so as to prevent the exchange of information with respect to the taxes imposed by the Parties on branch profits or on the premium income of nonresident insurers or foreign insurance companies.