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 upon request information for the purposes referred to in Article 1. 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 would constitute a crime under the laws of the requested Party if such conduct 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 requested Party shall 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 its competent authorities for the purposes specified in Article 1, and in accordance with Article 2 of the 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) i. information regarding the legal and beneficial ownership of companies, partnerships, “Anstalten” and other persons, including ownership information on all such persons in an ownership chain;

Exchange of Information Upon Request. (1) . The competent authority of the requested Party shall provide upon request information for the purposes referred to in Article 1. 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 would constitute a crime under the laws of the requested Party if such conduct 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 the 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 that 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 not, at that time, need such information for its own tax purposes. (3) . If specifically requested by the competent authority of the requesting 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 for the purposes specified in Article 1, 1 and in accordance with within the constraints of Article 2 of the Agreement2, have the authority to obtain and provide 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; b(i) i. information regarding the legal and beneficial ownership of companies, partnerships, “Anstalten” partnerships and other persons, including in the case of collective investment funds, information on shares, units and other interests; (ii) in the case of a foundation, information on the founders, members of the foundation council and beneficiaries; and (iii) in the case of trusts, information on settlors, trustees, protectors and beneficiaries; provided that this Agreement does not create an obligation for a Party to obtain or provide ownership information on with respect to publicly traded companies or public collective investment funds, unless such information can be obtained without giving rise to disproportionate difficulties. 5. Any request for information shall be formulated with the greatest detail possible and shall specify in writing: (a) the identity of the person under examination or investigation; (b) the period of time with respect to which 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 purpose under the requesting Party’s tax law for which the information is sought; (e) the reasons for considering that the information requested is foreseeably relevant to tax administration and enforcement of the requesting Party, with respect to the person identified in subparagraph (a) of this paragraph; (f) grounds for believing that the information requested is present in the requested Party or is in the possession of, or is in the control of or obtainable by 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 in control of or able to obtain the requested information; (h) a statement that the request conforms with the law and administrative practice of the requesting Party and the information would be obtainable by the requesting Party under its laws or in the normal course of administrative practice in similar circumstances, in response to a valid request made from the requested Party under this Agreement; (i) a statement that the requesting Party has pursued all such persons means available in an ownership chain;its own territory to obtain information, except where that would give rise to disproportionate difficulty. 6. The competent authority of the requested Party shall acknowledge receipt of the request to the competent authority of the requesting Party and shall use its best endeavours to forward the requested information to the requesting party with the least reasonable delay.

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 Article 1. 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 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 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 its competent authorities for it has the purposes specified in authority, subject to the terms of Article 1, and in accordance with Article 2 of the Agreement, have the authority to obtain and provide provide, through its competent authority and upon request: a) 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; bb. (i) i. information regarding the legal and beneficial ownership of companies, partnerships, “Anstalten” foundations and other persons, including ownership in the case of collective investment schemes, information on all such persons in an ownership chainshares, units and other interests;

Exchange of Information Upon Request. (1) The competent authority of the requested Party shall provide upon request of the applicant Party information for the purposes referred to in Article 1. 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 territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available 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, the requested that Party shall use all relevant information gathering measures necessary to provide the requesting applicant Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes. (3) If specifically requested by the competent authority of the requesting 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 for the purposes specified in Article 1authorities, and in accordance with Article 2 the terms of the Agreement, 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) i. information regarding the legal and beneficial ownership of companies, partnerships, “Anstalten” partnerships and other persons, including ownership information on all such persons in an ownership chain;including,

Exchange of Information Upon Request. (1) . The competent authority of the requested Party shall provide upon request of the applicant Party information for the purposes referred to in Article 1. 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 territory of the requested Party. The competent authority of the requesting applicant Party shall only make a request for information pursuant to this Article when it is unable to obtain the requested information by other meansmeans available 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, the requested that Party shall use all relevant information gathering measures necessary to provide the requesting applicant Party with the information requested, notwithstanding that the requested Party may not not, at that time, need such information for its own tax purposes. (3) . If specifically requested by the competent authority of the requesting 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 for the purposes specified in Article 1authorities, and in accordance with Article 2 the terms of the Agreement, 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) i. information regarding the legal and beneficial ownership of companies, partnerships, “Anstalten” partnerships and other persons, including ownership information on all such persons in an ownership chain;including,