1. The competent authorities of the Contracting States shall
exchange such information as is foreseeably relevant for carrying
out the provisions of this Agreement or to the administration or
enforcement of the domestic laws concerning taxes of every kind
and description imposed on behalf of a Contracting State, one
of its “Länder”, or one of their political subdivisions or local
authorities, insofar as the taxation there under is not contrary to
the Agreement. The exchange of information is not restricted by
Articles 1 and 2.
2. Any information received under paragraph 1 by a Contract-
ing State shall be treated as secret in the same manner as infor-
mation obtained under the domestic laws of that State and shall
be disclosed only to persons or authorities (including courts and
administrative bodies) concerned with the assessment or collec-
tion of, the enforcement or prosecution in respect of, the deter-
mination of appeals in relation to the taxes referred to in para-
graph 1, or the oversight of the above. Such persons or
authorities shall use the information only for such purposes. For
these purposes information may be disclosed in administrative
or criminal investigations, in public court proceedings or in judi-
cial decisions, if this is provided for in the respective laws of the
Contracting States. Notwithstanding the foregoing, information
received by a Contracting State may be used for other purposes,
when such information may be used for such other purposes un-
der the laws of both States and the competent authority of the
supplying Contracting State authorises such use.
3. In no case shall the provisions of paragraphs 1 and 2 be
construed so as to impose on a Contracting State the obligation:
a) to carry out administrative measures at variance with the laws
and administrative 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, busi-
ness, industrial, commercial or professional secret or trade
process, or information, the disclosure of which would be
contrary to public policy (ordre public).
4. If information is requested by a Contracting State in accor-
dance with this Article, the other Contracting State shall use its
information gathering measures to obtain the requested informa-
tion, even though that other State may not need such information
for its own tax purposes. The obligation contained in the preced-
ing 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
domestic interest in such information.
5. In no case shall the provisions of paragraph 3 be construed
to permit a Contracting 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.