§ PDF page 17
(1) The competent authorities of the Contracting States shall exchange such information as is forseeably 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, of a Land or a political subdivision or local authority thereof, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1 and 2.
§ PDF page 17
(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, or the de- termination 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. They may disclose the information in public court proceedings or in judicial decisions.
§ PDF page 17
(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 for the supply of infor- mation 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).
§ PDF page 17 PDF page 18
(4) If information is requested by a Contracting State in accord - ance 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 except where such limitations would preclude a Contracting State from supplying information solely because it has no domestic tax in- terest in such information.
§ PDF page 18
(5) In no case shall the provisions of paragraph 3 be con- strued to permit a Contracting State to decline to supply infor- mation solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or relates to ownership interests in a person.