30 | II Série A - Número: 107S1 | 30 de Junho de 2010

d) ―competent authority‖ means, in the case of Portugal , the Minister of Finance, the Director General of Taxation (Director-Geral dos Impostos) or their authorized representative; and in the case of Bermuda , the Minister of Finance or an authorised representative of the Minister; e) ―Criminal laws‖ means all criminal laws designated as such under domestic law, irrespective of whether such are contained in the tax laws, the criminal code or other statutes; f) ―Criminal tax matters‖ means tax matters involving intentional conduct whether before or after the entry into force of this Agreement which is liable to prosecution under the criminal laws of the requesting Party; g) ―Information gathering measures‖ means laws and administrative or judicial procedures enabling the requested Party to obtain and provide the information requested; h) ―Information‖ means any fact, statement, document or record in whatever form; i) ―Person‖ means a natural person, a company or any other body or group of persons; j) ―Publicly traded company‖ means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold ―by the public‖ if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; k) ―Principal class of shares‖ means the class or classes of shares representing a majority of the voting power and value of the company; l) ―Collective investment fund or scheme‖ means any pooled investment vehicle, irrespective of legal form.
The term ―public collective investment fund or scheme‖ means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed ―by the public‖ if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; m) ―Recognised stock exchange‖ means any stock exchange agreed upon by the competent authorities of the Parties; n) ―requested Party‖ means the Party to this Agreement which is requested to provide or has provided information in response to a request; o) ―requesting Party‖ means the Party to this Agreement submitting a request for or having received information from the requested Party; p) ―Tax‖ means any tax covered by this Agreement.

2. As regards the application of this Agreement at any time by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party. Article 5.º Exchange of information upon request

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. Such information shall be provided without regard to whether the requested Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested Party if 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 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 requesting Party with the information requested, notwithstanding that the requested Party may not, at that time, need such information for its own tax purposes.