ARTICLE 26

EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange such infor-

mation as is foreseeably relevant for carrying out the provisions of this Convention or to

the administration or enforcement of the domestic laws concerning taxes of every kind

and description imposed on behalf of the Contracting States, or of their political or ad-

ministrative subdivisions or local authorities, insofar as the taxation thereunder is not

contrary to the Convention. The exchange of information is not restricted by Articles 1

and 2.

2. Any information received under paragraph 1 by a Contracting State shall be

treated as secret in the same manner as information obtained under the domestic laws of

that State and shall be disclosed only to persons or authorities (including courts and ad-

ministrative bodies) concerned with the assessment or collection of, the enforcement or

prosecution in respect of, the determination of appeals in relation to the taxes referred to

in paragraph 1, or the oversight of the above. Such persons or authorities shall use the

information only for such purposes. They may disclose the information in public court

proceedings or in judicial decisions.

3. In no case shall the provisions of paragraphs 1 and 2 be construed so as to im-

pose on a Contracting State the obligation:

a) to carry out administrative measures at variance with the laws and admin-

istrative practice of that or of the other Contracting State;

b) to supply information which is not obtainable under the laws or in the

normal course of the administration of that or of the other Contracting

State;

c) to supply information which would disclose any trade, business, industrial,

commercial or professional secret or trade process, or information the dis-

closure of which would be contrary to public policy (ordre public).

4. If information is requested by a Contracting State in accordance with this Arti-

cle, the other Contracting State shall use its information gathering measures to obtain

the requested information, even though that other State may not need such information

for its own tax purposes. The obligation contained in the preceding sentence is subject

to the limitations of paragraph 3 but in no case shall such limitations be construed to

permit a Contracting State to decline to supply information solely because it has no do-

mestic interest in such information.

5. In no case shall the provisions of paragraph 3 be construed to permit a Contract-

ing State to decline to supply information solely because the information is held by a

bank, other financial institution, nominee or person acting in an agency or a fiduciary

capacity or because it relates to ownership interests in a person.

23 DE AGOSTO DE 2014____________________________________________________________________________________________________________

401