{"kind":"expression","expression":{"expr_id":"450","doc_id":"450","label":"2021 Revision","is_as_enacted":"f","commenced_on":"2021-02-25","superseded_on":null,"valid_from":"2021-02-25","valid_to":null,"is_current":"t","incorporating":"[\"LAW27\/2020 Tax Information Authority (Amendment) Law, 2020 - LG49\/2020\/s3 - 7-Jul-2020\", \"LAW56\/2020 Citation of Acts of Parliament Act, 2020 - LG89\/2020\/s1 -3-Dec-20\"]","akn_expr_iri":"\/akn\/ky\/act\/2005\/1\/eng@2021-02-25","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2005\/1\", \"expression\": \"\/akn\/ky\/act\/2005\/1\/eng@2021-02-25\", \"manifestation\": \"\/akn\/ky\/act\/2005\/1\/eng@2021-02-25.pdf\"}, \"pdf\": {\"md5\": \"74223504b2901b7aad7b2fac2d8d731e\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2005\/2005-0001\/2005-0001_2021 Revision.pdf\", \"pages\": 336, \"filename\": \"2005-0001_2021 Revision.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 125205, \"paragraph_count\": 27, \"text_char_count\": 787292}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Tax Information Authority Act (2021 Revision) SCHEDULE 38 PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE STATES OF GUERNSEY FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS, SIGNED ON 29TH JULY 2011 SCHEDULE 39 PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE ISLE OF MAN FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS ENDNOTES Tax Information Authority Act (2021 Revision) (2021 Revision) PART I - Preliminary\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title 1. This Act may be cited as the Tax Information Authority Act (2021 Revision).\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions and interpretation 2. (1) In this Act \u2014 \u201cAuthority\u201d means the Tax Information Authority designated under section 4; \u201cautomatic exchange of information\u201d means the systematic and periodic exchange of information for tax purposes between parties to a scheduled Agreement in the manner and to the specifications agreed between the parties or their competent authorities; \u201celectronic\u201d means relating to technology having electrical, magnetic, optical, electromagnetic, or similar capabilities, whether digital, analogue or otherwise; \u201celectronic record\u201d means a record processed and maintained by electronic means; \u201cinformation\u201d means any fact, statement, document or record in whatever form; and includes \u2014 (a) any fact, statement, document or record held by banks, other financial institutions, or any persons, including nominees and trustees, acting in an agency or fiduciary capacity; and Tax Information Authority Act (2021 Revision) (b) any fact, statement, document or record regarding the beneficial ownership of companies, partnerships and other persons, including \u2014 (i) in the case of collective investment funds, information on shares, units and other interests; and (ii) in the case of trusts, information on settlors, trustees and beneficiaries; \u201cJudge\u201d means the Chief Justice acting alone and in an administrative capacity, or any other judge of the Grand Court so acting and designated under subsection (3); \u201cParty\u201d means a party to a scheduled Agreement; \u201cproceedings\u201d means civil or criminal proceedings; \u201crequest\u201d means a request made by one of the Parties to the other Party, under a scheduled Agreement; \u201crequesting Party\u201d means a Party making a request; \u201cscheduled Agreement\u201d means an agreement for the provision of information for tax purposes, being an agreement which has legal effect in the Islands and which is more particularly set out in a relevant Schedule to this Act; and \u201ctax purposes\u201d means any tax purpose for which information may be provided under a scheduled Agreement or matters incidental thereto; (2) Repealed by section 2(b) of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014]. (3) The Chief Justice may, in writing, designate any judge of the Grand Court to act on that person\u2019s behalf under this Act.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Implementation 3. (1) This Act shall apply for the purpose of giving effect to the terms of a scheduled Agreement for the provision of information for tax purposes including the automatic exchange of information and including for the purposes of any proceedings taken by Parties or by any persons acting on their behalf, connected with, arising from, related to, or resulting from those tax purposes. (2) Nothing in this Act shall require the provision of information under a scheduled Agreement for tax purposes that arose prior to the date of commencement of this Act, except where the terms of a scheduled Agreement otherwise so provide. (3) A scheduled Agreement shall, for such period as is specified in the Agreement, have legal effect in the Islands. (4) Repealed by section 3(b) of Tax Information Authority (Amendment) Act, 2012 [Law 11 of 2012]. Tax Information Authority Act (2021 Revision) (5) The Cabinet may by order subject to affirmative resolution \u2014 (a) add a Schedule to this Act for the purpose of setting out and giving effect to an agreement for the provision of information for tax purposes; or (b) amend, revoke or replace any such Schedule. (6) Repealed by section 3(c) of the Tax Information Authority (Amendment) (No.2) Act, 2014 [Law 12 of 2014]. PART II - Tax Information Authority\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Tax Information Authority 4. The Minister charged with responsibility for Financial Services is hereby designated as the Tax Information Authority for the purposes of this Act and any scheduled Agreement, and the Authority shall exercise its functions under this Act and under any scheduled Agreement acting alone or through a person designated by the Authority to act on its behalf, and shall be deemed to act in an administrative capacity.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Functions of the Authority 5. (1) Subject to this Act, the Authority has power to do all things necessary or convenient to be done for or in connection with the performance of its functions under this or any other Law or any scheduled Agreement. (2) Without prejudice to subsection (1), the principal functions of the Authority include \u2014 (a) subject to sections 8, 22 and 24, executing requests, including but not limited to providing assistance in relation to \u2014 (i) taking the testimony or statement of any person; (ii) providing information and articles of evidence; (iii) serving documents; and (iv) executing searches and seizures; (aa) facilitating the automatic exchange of information for tax purposes in accordance with a scheduled Agreement and any implementing arrangements made under a scheduled Agreement; (b) ensuring compliance with the scheduled Agreements; (c) advising the Cabinet on matters relating to any proposal or agreement for the provision of information in tax matters, any matter touching upon or relating thereto, and any other related matter at the request of the Cabinet; (d) making determinations under the terms of any scheduled Agreement as to any costs and the apportionment of such costs relating to or arising from any request; Tax Information Authority Act (2021 Revision) (e) entering into agreements with competent authorities under scheduled Agreements on matters relating to the operation thereof including matters in relation to the automatic exchange of information; (f) performing such other functions as may be prescribed under this or any other Law; (g) monitoring compliance with this Act or regulations made under this Act; (h) enforcing this Act or regulations made under this Act and investigating a person where the Authority reasonably believes that the person is or has been in breach of this Act or regulations made under this Act; (i) examining, by way of scrutiny of returns, on-site inspections or audit reports, or in such other manner as the Authority may determine, the affairs or business of any person; (j) collecting, compiling and sharing, in such manner as the Authority shall determine, statistical information; and (k) entering into memoranda of understanding or other arrangements with any Government department or agency, competent authority, regulatory body or supervisory body as the Authority considers appropriate for the discharge or performance of its responsibilities and functions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Procedures for public policy determination 6. (1) Without prejudice to section 5, the Authority may, in its discretion or shall where in its opinion there are issues of public policy, notify the Attorney General of any request received by the Authority, with particulars thereof; and the Attorney General shall be entitled, in a manner analogous to amicus curiae, to appear or to take part in any proceedings in the Islands, whether judicial or administrative, arising directly or indirectly from a request received by the Authority. (2) The Authority shall deny a request, in accordance with the relevant provisions of a scheduled Agreement where the Attorney General has issued a certificate to the effect that the execution of the request is contrary to the public policy of the Islands. Tax Information Authority Act (2021 Revision) PART III - Execution of Requests\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Procedures for the execution of a request 7. (1) Upon receipt of a request, and subject to sections 6(2) and 17(1), the Authority shall determine whether the request is in compliance with the relevant scheduled Agreement and, if it is determined that there is compliance, the Authority shall execute the request in accordance with, but subject to, the provisions of the relevant scheduled Agreement and this Act. (2) The Authority may request such additional information from the requesting Party as may be necessary to assist the Authority in executing the request. (3) A certificate given by the Authority that a request is in compliance with the relevant scheduled Agreement shall be taken into account by the Judge pursuant to an application under section 8(4)(a). (4) Notwithstanding any other law, if the execution of any request requires the service of any document or order or the seizure of any article in pursuance of any order or directions by a Judge or the Grand Court, any constable of the rank of Inspector or above, if so required by the Judge or the Grand Court, shall assist in such service or seizure.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Powers of Judge to compel witness or for production of evidence 8. (1) Where, under a request, any person is required to testify, the Authority shall apply to a Judge for the Judge to receive such testimony as appears to that Judge to be appropriate for the purpose of giving effect to the request, and such testimony shall be provided to the competent authority of the requesting Party. (2) The Judge may, in pursuance of an application under subsection (1), issue a subpoena, take evidence under oath and exercise any other power which the Grand Court may exercise for the purpose of compelling testimony. (3) A person shall not be compelled in any proceedings under this section to give evidence which that person could not be compelled to give in proceedings in the Islands. (4) Where, under a request, the Authority considers it necessary to obtain specified information or information of a specified description from any person the Authority shall \u2014 (a) in the case of information required for proceedings in the territory of the requesting Party, apply to a Judge for an order to produce such information; or (b) in the case other than that referred to in paragraph (a), issue a notice in writing requiring the production of such information as may be specified in the notice; and such notice may require the information \u2014 (i) to be provided within a specified time; Tax Information Authority Act (2021 Revision) (ii) to be provided in such form as the Authority may require; and (iii) to be verified or authenticated in such manner as the Authority may require. (4A) For the purposes of subsections (4) and (13) the word \u201cproceedings\u201d means criminal proceedings. (5) Where information is produced under subsection (4)(b) \u2014 (a) the Authority may take copies or extracts of any information; and (b) where a person claims a lien on a document, the production is without prejudice to that person\u2019s lien. (6) An order under subsection (7) or a notice under subsection (4)(b) \u2014 (a) shall not confer any right to production of, or access to, items subject to legal privilege; and (b) shall have effect notwithstanding any obligation as to confidentiality or other restriction upon the disclosure of information whether imposed by the Confidential Information Disclosure Act, 2016 [Law 23 of 2016], any other law or the common law. (7) If, on an application under subsection (4)(a), the Judge is satisfied that the conditions in subsection (9) are fulfilled, the Judge may make an order that the person who appears to the Judge to be in possession or control of the information to which the application relates shall \u2014 (a) produce it to a constable to take away; or (b) give a constable access to it, within such period as the order may specify. (8) The period to be specified in an order under subsection (7) shall be fourteen days, unless it appears to the Judge that a longer or shorter period would be appropriate in the particular circumstances of the application. (9) The conditions referred to in subsection (7) are that the Judge is satisfied that \u2014 (a) the Authority has certified the request in accordance with section 7(3); (b) the information to which the request relates is under the possession or control of a person in the Islands; (c) the information to which the request relates does not include items subject to legal privilege or items subject to protection as secret, pursuant to the terms of a scheduled Agreement; (d) the provisions of section 17(1) have been complied with; and (e) pursuant to the terms of the relevant scheduled Agreement, there are no reasonable grounds for not granting the request. Tax Information Authority Act (2021 Revision) (10) Where the Judge makes an order under subsection (7)(b) in relation to information held on any premises the Judge may, on the application of the Authority, order any person who appears to the Judge to be entitled to grant entry to the premises to allow a constable to enter the premises to obtain access to the information. (11) The Chief Justice may make rules governing the procedure in relation to \u2014 (a) applications for the grant, discharge and variation of orders under subsection (7); and (b) proceedings relating to such orders. (12) Where the information to which an order under subsection (7) or a notice under subsection (4)(b) relates consists of information maintained as an electronic record, such information shall be produced in a form in which it can be taken away and in which it is visible and legible or in a form in which it is visible and legible, as the case may be. (13) Where, pursuant to a request concerning proceedings or investigations, an order under subsection (7) has been made or has been applied for, and has not been refused, or a warrant under section 24(3) has been issued, a person who, knowing or suspecting that a request has been made, or that an investigation into any matter to which a request relates is taking place, makes any disclosure which is likely to prejudice the proceedings or the investigation to which the request may relate, commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for five years. (14) In proceedings against a person for an offence under subsection (13), it is a defence to prove \u2014 (a) that the person did not know or believe that the disclosure was likely to prejudice the request or investigation; or (b) that the person had lawful authority or reasonable excuse for making the disclosure. (15) Any documents or other written information obtained under an order by virtue of subsection (7) shall be brought immediately to the Authority to be dealt with according to this Act. (16) A person required to testify or to produce information under subsection (7) shall have the right to be represented by an attorney-at-law when that person does so. PART IV - Repealed\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Repealed 9. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014]. Tax Information Authority Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Repealed 10. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Repealed 11. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Repealed 12. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Repealed 13. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Repealed 14. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014].\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Repealed 15. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014]. PART V - General\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Authentication of official documents 16. Any person may be authorised by the Minister charged with responsibility for Financial Services for the purpose of the authentication of any official documents or records of the Islands. Tax Information Authority Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Notification 17. (1) Subject to subsection (2), an individual who is the subject of a request made by a requesting Party solely in relation to a matter which is not a criminal matter or an alleged criminal matter, shall if the individual\u2019s whereabouts or address in the Islands is made known to the Authority, be served with a notice by the Authority advising of the existence of a request specifying that individual, the jurisdiction making the request and the general nature of the information sought; and any individual so notified may within fifteen days from the date of receipt of the notice, make a written submission to the Authority specifying any grounds which that individual wishes the Authority to consider in making its determination as to whether or not the request is in compliance with the provisions of the relevant scheduled Agreement, including any assertions that the information requested is subject to legal privilege. (2) The Authority shall consider any written submission made in compliance with subsection (1), but shall not be obliged to permit or consider any oral submission by or on behalf of any individual who is the subject of a request for information. (3) Save as expressly provided in this Act, the Authority shall hold all information received as confidential, and the proceedings and deliberations of the Authority shall accordingly be closed to all persons not specifically authorised by the Authority or by this Act to be present at such proceedings or deliberations. (4) Nothing in this Act shall require the Authority to search for or conduct enquiries into the address or whereabouts of any individual who is the subject of a request in order to serve a notice to that individual pursuant to subsection (1). (5) The requirement in subsection (1) for the Authority to give notice shall not apply where a requesting Party makes a request in urgent cases or in cases where notification is likely to undermine the success of the investigation in the jurisdiction of the requesting Party. (6) For the purposes of this section, \u201cthe subject of a request\u201d means the individual identified in a request who is under examination or investigation in the requesting Party.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Protection of persons disclosing confidential information 18. (1) A person who divulges any confidential information or gives any testimony in conformity with an order or notice issued pursuant to a request, provides information to the Authority to facilitate the automatic exchange of information or otherwise provides information to the Authority for tax purposes shall, by reason only of such disclosure or the giving of such testimony or the provision of such information, be deemed not to commit any offence \u2014 (a) under the Confidential Information Disclosure Act, 2016 [Law 23 of 2016]; or (b) under any other law for the time being in force in the Islands. Tax Information Authority Act (2021 Revision) (2) The disclosure, testimony, provision of information for the facilitation of the automatic exchange of information or provision of any information to the Authority for tax purposes by a person to whom subsection (1) applies shall be deemed not to be a breach of any confidential relationship between that person and any other person, and no civil claim or action whatsoever shall lie against \u2014 (a) the person making the disclosure, giving testimony, providing information to facilitate the automatic exchange of information or providing information for tax purposes; or (b) the person\u2019s principal or employer, by reason of the disclosure, testimony, provision of information for the facilitation of the automatic exchange of information or information otherwise provided to the Authority for tax purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Restriction on application of Confidential Information Disclosure Act, 2016 19. Section 4 of the Confidential Information Disclosure Act, 2016 [Law 23 of 2016] shall be deemed not to apply to confidential information given by any person in conformity with an order or notice issued in pursuance of a request under this Act, facilitating the automatic exchange of information or information otherwise provided to the Authority for tax purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Confidentiality with regard to a request 20. (1) Without prejudice to section 8(13), if so instructed by the Authority, the particulars of and all matters relating to a request shall be treated as confidential, and no person who is notified of a request, or is required to take any action, or produce any document or supply any information in response to or in relation to any matter to which a request relates, shall disclose the fact of the receipt of such request or any of the particulars required or documents produced or information supplied to any other person, except that person\u2019s attorney-at-law and such other persons as the Authority may authorise, for such period as that person may be notified by the Authority. (1A) Subject to section 17, all information provided and received by the Authority in relation to a request made under a scheduled Agreement shall be kept confidential. (2) This section shall be binding on the attorney-at-law of any person to whom subsection (1) applies as if that attorney-at-law were that person. 20A. Confidentiality of information 20A. Information provided to or received by the Authority for the facilitation of the automatic exchange of information or otherwise for tax purposes shall be kept confidential. Tax Information Authority Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Restriction on use of information 21. (1) A requesting Party shall not, without the prior written consent of the Authority, transmit or use information or evidence provided under this Act for purposes, investigations or proceedings other than those within the scope of a scheduled Agreement. (2) Before the Authority gives consent under subsection (1) in relation to testimony provided or an order issued under section 8, the Authority shall apply to a Judge for directions.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Interviews and examinations with consent 22. (1) Where, under the terms of a scheduled Agreement the competent authority of a requesting Party requests permission for its representative to enter the Islands for the purposes of interviewing and examining the records of a specified person in the Islands and the person concerned notifies the Authority in writing that that person consents to the interview and examination, the representative may conduct such interview and examination, at such time and place as are agreed upon in writing by the Authority and the person concerned. (2) In conducting an interview and examination under subsection (1), a representative may \u2014 (a) take statements from the specified person; and (b) with the consent of the specified person, make copies of, or take extracts from, any record. (3) A representative shall not have the power \u2014 (a) to compel a specified person to answer any question; (b) to compel a specified person to remain in any place for the purpose of an interview; (c) to compel a specified person to produce any information or thing; (d) to enter and search premises without the consent of the owner or occupier of the premises; or (e) to take information or things without the consent of the specified person. (4) A person who consents to an interview and examination shall have the right to be advised by that person\u2019s attorney-at-law during the course thereof. (5) A statement made to a representative under this section shall not, in any proceedings, be used in evidence against the person making the statement. (6) In this section \u201cspecified person\u201d means a person who is subject to a tax of the jurisdiction of a requesting Party that is covered in the relevant scheduled Agreement. Tax Information Authority Act (2021 Revision)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Service of notices and documents 23. (1) For the purposes of this Act and any scheduled Agreement, the service of any document shall be sufficient if delivered by hand or posted by registered post to the registered or other office of the addressee or to that person\u2019s last known address. (2) Affidavit testimony of delivery of the notice or document by hand or supporting the registration certificate shall be deemed sufficient proof of such service.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Enforcement 24. (1) A person who, having been required under this Act to produce any information which is in that person\u2019s possession or under that person\u2019s control \u2014 (a) without lawful excuse fails so to do, within such time as may be specified by a Judge by order, or by the Authority by notice; or (b) alters, destroys, mutilates, defaces, hides or removes any information, commits an offence and is liable on summary conviction to a fine of ten thousand dollars and to imprisonment for two years. (2) A person who, contrary to section 20, informs any person, other than that person\u2019s attorney-at-law, of the fact of the issue of a request or of any communication relevant to the matter to which the request relates, commits an offence and is liable on summary conviction to a fine of one thousand dollars and to imprisonment for six months. (3) Where pursuant to a request, the Authority considers it necessary to enter and search any premises, the Authority shall apply to the Grand Court for the issue of a search warrant for specified premises to search for and seize specified information or information of a specified description. (4) On application made under subsection (3), the Grand Court may issue a warrant authorising the search and seizure if it is satisfied that \u2014 (a) an order made or notice issued under section 8 in relation to information on the premises has not been complied with; (b) the request for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the information; or (c) the conditions in section 8(9) are fulfilled in relation to any information on the premises; and (d) it would not be appropriate to make an order under section 8(7) in relation to the material because \u2014 (i) it is not practicable to communicate with any person entitled to produce the information; Tax Information Authority Act (2021 Revision) (ii) it is not practicable to communicate with any person entitled to grant access to the information or entitled to grant entry to the premises on which the information is situated; or (iii) the request for the purposes of which the application is made might be seriously prejudiced unless a constable could secure immediate access to the information. (5) Any information seized under a warrant issued under subsection (4) shall be brought immediately to the Authority to be dealt with according to law. (6) A person who, when required so to do in accordance with the instructions given by a Judge pursuant to section 8, or any subpoena served upon him, refuses to attend as required or to provide testimony in response to a request, commits an offence and is liable on summary conviction to a fine of five thousand dollars and to imprisonment for one year. 24A. Misleading information 24A. (1) A person shall not knowingly or wilfully supply false or misleading information to the Authority under this Act. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of ten thousand dollars or to imprisonment for a term of five years, or to both.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Regulations 25. The Cabinet may make Regulations for carrying the purposes and provisions of this Act into effect including Regulations \u2014 (a) prescribing the forms to be used for the purposes of this Act; (b) establishing and implementing an administrative penalty regime to enforce the Regulations; and (c) prescribing penalties for a breach of the Regulations which shall not exceed the sum of fifty thousand dollars.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Immunity 26. Neither the Authority nor any person designated under section 4 to act on that person\u2019s behalf, shall be liable in damages for anything done or omitted in the discharge of their functions under this Act unless it is shown that the act or omission was in bad faith. Tax Information Authority Act (2021 Revision) SCHEDULE 1 (section 3) AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF THE CAYMAN ISLANDS FOR THE EXCHANGE OF INFORMATION RELATING TO TAXES The Government of the United States of America (the \\\"United States\\\") and the Government of the Cayman Islands (the \\\"Cayman Islands\\\"), desiring to facilitate the exchange of information with respect to taxes, noting that the Government of the United Kingdom of Great Britain and Northern Ireland (the \\\"United Kingdom\\\") provided a copy of a Letter of Entrustment, via diplomatic note number 16\/10\/13 of October 20, 2013, to the United States in which the United Kingdom has entrusted the Cayman Islands to negotiate and conclude a tax information exchange agreement with the United States, have agreed as follows: ARTICLE 1 Object and Scope of this Agreement The competent authorities of the Contracting Parties shall provide assistance to each other through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 10 (Confidentiality). ARTICLE 2 Jurisdiction A requested Party shall not be obligated to provide information that is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. With respect to information held by its authorities or in the possession or control of persons who are within its territorial jurisdiction, however, the requested Party shall provide information in accordance with this Agreement regardless of the residence or nationality of the person holding the information or to whom the information relates. ARTICLE 3 Taxes Covered 1. This Agreement shall apply to the following taxes imposed by the Contracting Parties: Tax Information Authority Act (2021 Revision) (a) in the case of the United States, all federal taxes; and (b) in the case of the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to the taxes described in subparagraph (a) of this paragraph. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of this Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the competent authorities of the Contracting Parties so agree in writing. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by this Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: (a) the term \\\"Contracting Party\\\" means the United States or the Cayman Islands as the context requires; (b) the term \\\"competent authority\\\" means: (i)in the case of the United States, the Secretary of the Treasury or that person\u2019s delegate, and (ii)in the case of the Cayman Islands, the Tax Information Authority or its delegate; (c) the term \\\"person\\\" includes an individual, a company and any other body of persons; (d) the term \\\"company\\\" means any body corporate or any entity that is treated as a body corporate for tax purposes; (e) the term \\\"publicly traded company\\\" means any company whose principal class of shares is listed on a recognized stock exchange if the purchase or sale of its listed shares is not implicitly or explicitly restricted to a limited group of investors; (f) the term \\\"principal class of shares\\\" means the class or classes of shares representing a majority of the voting power and value of the company; (g) the term \\\"recognized stock exchange\\\" means any stock exchange agreed upon by the competent authorities of the Contracting Parties; (h) the term \\\"public collective investment fund or scheme\\\" means any pooled investment vehicle, irrespective of legal form, if the purchase, sale or redemption of the units, shares or other interests in the investment vehicle is not implicitly or explicitly restricted to a limited group of investors; (i) the term \\\"tax\\\" means any tax to which this Agreement applies and does not include customs duties; (j) the term \\\"applicant Party\\\" means the Contracting Party requesting information; Tax Information Authority Act (2021 Revision) (k) the term \\\"requested Party\\\" means the Contracting Party requested to provide information; (l) the term \\\"information gathering measures\\\" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; and (m) the term \\\"information\\\" means any fact, statement or record in any form whatever. 2. For purposes of determining the geographic area within which jurisdiction to compel production of information may be exercised: (a) the term \\\"United States\\\" means the territory of the United States of America, including American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the U.S. Virgin Islands and any other U.S. possession or territory; and (b) the term \\\"Cayman Islands\\\" means the Islands of Grand Cayman, Cayman Brac and Little Cayman. 3. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a common meaning pursuant to the provisions of Article 12 (Mutual Agreement Procedure), 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 Exchange of Information Upon Request 1. The competent authority of the requested Party shall provide information for the purposes referred to in Article 1 (Object and Scope of this Agreement) upon request by the competent authority of the applicant Party. 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 requested Party. 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 to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Privileges under the laws and practices of the applicant Party shall not apply in the execution of a request by the requested Party and the resolution of such matters shall be solely the responsibility of the applicant Party. 3. If specifically requested by the competent authority of the applicant Party, the competent authority of the requested Party shall, to the extent allowable under its domestic laws: Tax Information Authority Act (2021 Revision) (a) specify the time and place for the taking of testimony or the production of books, papers, records and other data; (b) place the individual giving testimony or producing books, papers, records or other data under oath; (c) permit the presence of individuals designated by the competent authority of the applicant Party as being involved in or affected by execution of the request, including an accused, counsel for the accused, individuals charged with the administration or enforcement of the domestic laws of the applicant Party covered by this Agreement or a commissioner or magistrate for the purpose of rendering evidentiary rulings or determining issues of privilege under the laws of the applicant Party; (d) provide individuals permitted to be present with an opportunity to question, directly or through the executing authority, the individual giving testimony or producing books, papers, records and other data; (e) secure original and unedited books, papers, records and other data; (f) secure or produce true and correct copies of original and unedited books, papers, records and other data; (g) determine the authenticity of books, papers, records and other data produced, and provide authenticated copies of original books, papers, records and other data; (h) examine the individual producing books, papers, records and other data regarding the purpose for which and the manner in which the item produced is or was maintained; (i) permit the competent authority of the applicant Party to provide written questions to which the individual producing books, papers, records and other data is to respond regarding the items produced; (j) perform any other act not in violation of the laws or at variance with the administrative practice of the requested Party; and (k) certify either that procedures requested by the competent authority of the applicant Party were followed or that the procedures requested could not be followed, with an explanation of the deviation and the reason therefor. 4. Each Contracting Party shall ensure that its competent authority, for the purposes specified in Article 1 (Object and Scope of this Agreement) of this Agreement, has 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; and (b) information regarding the ownership of companies, partnerships, trusts, foundations, \\\"Anstalten\\\" and other persons, including, within the constraints of Article 2 (Jurisdiction), ownership information on all such persons in an ownership chain; in the case of trusts, information on Tax Information Authority Act (2021 Revision) settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Notwithstanding subparagraph 4(b), this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties to the requested Party. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under this Agreement, with the greatest degree of specificity possible: (a) the identity of the person or ascertainable group or category of persons under examination or investigation; (b) a statement of the information sought, including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the period of time with respect to which the information is requested; (d) the matter under the applicant Party\u2019s tax law with respect to which the information is sought; (e) grounds for believing that the information requested is foreseeably relevant to tax administration or enforcement of the applicant Party with respect to the person or group or category of persons identified in subparagraph 5(a); (f) grounds for believing that the information requested is held in the requested Party or is in the possession or control of 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 control of the requested information; (h) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and (i) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. Tax Information Authority Act (2021 Revision) ARTICLE 6 Automatic Exchange of Information The competent authorities may automatically transmit information to each other for the purposes referred to in Article 1 (Object and Scope of this Agreement). The competent authorities shall determine the items of information to be exchanged pursuant to this Article and the procedures to be used to exchange such items of information. ARTICLE 7 Spontaneous Exchange of Information The competent authority of a Contracting Party may spontaneously transmit to the competent authority of the other Contracting Party information that has come to the attention of the first-mentioned competent authority and that the first-mentioned competent authority supposes to be foreseeably relevant to the accomplishment of the purposes referred to in Article 1 (Object and Scope of this Agreement). The competent authorities shall determine the procedures to be used to exchange such information. ARTICLE 8 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 of this Article is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 9 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. The competent authority of the requested Party may decline to assist Tax Information Authority Act (2021 Revision) where the applicant Party has not pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information that would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5 (Exchange of Information upon Request), paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information that would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice; or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. A request for information shall not be refused on the ground that the period of limitations in the requested party has expired. Instead, the statute of limitations of the applicant Party pertaining to the taxes to which the Agreement applies shall govern a request for information. ARTICLE 10 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement, or the oversight of such functions. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person, entity, authority or jurisdiction. Notwithstanding the foregoing, where the requested Party provides prior, written consent, the information may be used for purposes permitted under the provisions of the Treaty between the United States of America and the United Kingdom of Great Britain and Northern Ireland concerning the Cayman Islands Relating to Mutual Legal Assistance in Criminal Matters, done on July 3, 1986 at Grand Cayman, as may be amended or any successor treaty. Tax Information Authority Act (2021 Revision) ARTICLE 11 Costs Unless the competent authorities of the Contracting Parties otherwise agree, ordinary costs incurred in providing assistance shall be borne by the requested Party and extraordinary costs incurred in providing assistance shall be borne by the applicant Party. ARTICLE 12 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the competent authorities shall endeavor to resolve the matter by mutual agreement. 2. The competent authorities may adopt and implement procedures to facilitate the implementation of this Agreement. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching a mutual agreement under this Article. ARTICLE 13 Entry Into Force 1. This Agreement shall enter into force one month from the date of the Cayman Islands\u2019 written notification to the United States that the Cayman Islands has completed its necessary internal procedures for entry into force of this Agreement. The provisions of this Agreement shall have effect for requests made on or after the date of entry into force, without regard to the taxable period to which the request relates. 2. The Agreement between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland, including the Government of the Cayman Islands, for the Exchange of Information Relating to Taxes, done on November 27, 2001 at Washington (the \\\"2001 Agreement\\\"), shall terminate on the date of entry into force of this Agreement. Notwithstanding such termination, the terms of the 2001 Agreement shall continue to apply to requests for information that have been accepted prior to such termination unless the competent authorities of the Contracting Parties have mutually agreed otherwise and in writing pursuant to Article 12 (Mutual Agreement Procedure) of this Agreement. ARTICLE 14 Termination 1. The Agreement shall remain in force until terminated by a Contracting Party. 2. Either Contracting Party may terminate the Agreement by giving notice of termination in writing to the other Contracting Party. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of the notice of termination. Tax Information Authority Act (2021 Revision) 3. If the Agreement is terminated, both Contracting Parties shall remain bound by the provisions of Article 10 (Confidentiality) with respect to any information obtained under the Agreement. In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed this Agreement. Done at London, United Kingdom in duplicate, in the English language, this 29th day of November, 2013. FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: JULIE NUTTER WAYNE PANTON\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 2 Repealed by section 17 of the Tax Information Authority (Amendment) (No. 2) Act, 2014 [Law 12 of 2014] Tax Information Authority Act (2021 Revision) SCHEDULE 3 AGREEMENT BETWEEN THE GOVERNMENT OF DENMARK AND THE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of Denmark and the Government of the Cayman Islands, desiring to conclude an Agreement concerning information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Denmark: (i) the income tax to the State (indkomstskatten til staten), and (ii) the communal income tax (den kommunale indkomstskat). 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Denmark or the Cayman Islands as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Denmark\\\" means the Kingdom of Denmark including any area outside the territorial sea of Denmark which in accordance with international law has been or may hereafter be designated under Danish laws as an area within which Denmark may exercise sovereign rights with respect to the exploration and exploitation of the natural resources of the sea-bed or its subsoil and the superjacent waters and with respect to other activities for the exploration and economic exploitation of the area; the term does not comprise the Faroe Islands and Greenland; d) the term \\\"competent authority\\\" means: (i)in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii)in Denmark, the Minister for Taxation or that person\u2019s authorised representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) other interests in the fund or scheme can be readily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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. Tax Information Authority Act (2021 Revision) 4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 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) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. Tax Information Authority Act (2021 Revision) 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. Tax Information Authority Act (2021 Revision) 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. Tax Information Authority Act (2021 Revision) ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. Article 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect (a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; (b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. Tax Information Authority Act (2021 Revision) For the Government of Denmark For the Government of the Cayman Islands TOM RISDAHL JENSEN ALDEN MCLAUGHLIN Tax Information Authority Act (2021 Revision) SCHEDULE 4 AGREEMENT BETWEEN THE GOVERNMENT OF THE FAROES AND THE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of the Faroes and the Government of the Cayman Islands, \uf0b7 desiring to conclude an Agreement concerning information on tax matters, \uf0b7 considering that the Government of the Faroes concludes this agreement on behalf of the Kingdom of Denmark pursuant to the Act on the Conclusion of Agreements under International Law by the Government of the Faroes, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by the Faroes: taxes on income or profit 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means the Faroes or the Cayman Islands as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"the Faroes\\\" means the landmass of the Faroes and their territorial waters and any area outside the territorial waters where the Faroes according to Faroese legislation and in accordance with international law, may exercise rights with respect to the seabed and subsoil and their natural resources; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in the Faroes, the Minister of Finance or that person\u2019s authorised representative or the authority which is designated as a competent authority for the purpose of this Agreement; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 of the Agreement, have the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Tax Information Authority Act (2021 Revision) Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. Tax Information Authority Act (2021 Revision) 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. Tax Information Authority Act (2021 Revision) 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect (a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; (b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement  by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. For the Government of the Faroes For the Government of the Cayman Islands HER\u00c1LVUR JOENSEN ALDEN MCLAUGHLIN Tax Information Authority Act (2021 Revision) SCHEDULE 5 AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF FINLAND AND THE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of the Republic of Finland and the Government of the Cayman Islands, desiring to conclude an Agreement concerning information on tax matters, have agreed as follows: Article 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Finland: (i) valtion tuloverot; de statliga inkomstskatterna (the state income taxes); (ii) yhteis\u00f6jen tulovero; inkomstskatten f\u00f6r samfund (the corporate income tax); (iii) kunnallisvero; kommunalskatten (the communal tax); (iv) kirkollisvero; kyrkoskatten (the church tax); (v) korkotulon l\u00e4hdevero; k\u00e4llskatten p\u00e5 r\u00e4nteinkomst (the tax withheld at source from interest); (vi) rajoitetusti verovelvollisen l\u00e4hdevero; k\u00e4llskatten f\u00f6r begr\u00e4nsat skattskyldig (the tax withheld at source from non-residents\u2019 income); Tax Information Authority Act (2021 Revision) (vii) ulkomailta tulevan palkansaajan l\u00e4hdevero; k\u00e4llskatten f\u00f6r l\u00f6ntagare fr\u00e5n utlandet (the withholding tax for foreign employees); 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Finland or the Cayman Islands as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Finland\\\" means the Republic of Finland and, when used in a geographical sense, means the territory of the Republic of Finland, and any area adjacent to the territorial waters of the Republic of Finland within which, under the laws of Finland and in accordance with international law, the rights of Finland with respect to the exploration for and exploitation of the natural resources of the sea bed and its sub-soil and of the superjacent waters may be exercised; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Finland, the Ministry of Finance, its authorised representative or the authority which, by the Ministry of Finance, is designated as competent authority; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; Tax Information Authority Act (2021 Revision) h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant Party with the Tax Information Authority Act (2021 Revision) 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 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 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) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the Tax Information Authority Act (2021 Revision) information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request Tax Information Authority Act (2021 Revision) 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect (a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; (b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. Tax Information Authority Act (2021 Revision) 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. For the Government of the Republic of Finland For the Government of the Cayman Islands ALEC AALTO ALDEN MCLAUGHLIN Tax Information Authority Act (2021 Revision) SCHEDULE 6 AGREEMENT BETWEEN THE GOVERNMENT OF GREENLAND AND THE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of Greenland and the Government of the Cayman Islands, \uf0b7 desiring to conclude an Agreement concerning information on tax matters, \uf0b7 considering that the Government of Greenland concludes this agreement on behalf of the Kingdom of Denmark pursuant to the Act on the Conclusion of Agreements under International Law by the Government of Greenland, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Greenland: (i) the home rule tax; (ii) the special home rule tax; (iii) the communal tax; (iv) the intercommunal tax; (v) the company tax; (vi) the dividend tax; Tax Information Authority Act (2021 Revision) (vii) the royalty tax; and (viii) labour market tax. 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Greenland or the Cayman Islands as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Greenland\\\" means the landmass of Greenland and its territorial waters and any area outside the territorial waters where Denmark or Greenland according to domestic legislation and in accordance with international law, may exercise its rights with respect to the seabed and subsoil and their natural resources; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Greenland, the Minister of Finance or that person\u2019s delegate; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; Tax Information Authority Act (2021 Revision) j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Tax Information Authority Act (2021 Revision) 3. If specifically requested by the competent authority of 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 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) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; Tax Information Authority Act (2021 Revision) (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the Tax Information Authority Act (2021 Revision) administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Tax Information Authority Act (2021 Revision) Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect (a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; (b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. Tax Information Authority Act (2021 Revision) In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. For the Government of Greenland For the Government of the Cayman Islands TOVE S\u00d8VNDAHL PEDERSEN ALDEN MCLAUGHLIN Tax Information Authority Act (2021 Revision) SCHEDULE 7 AGREEMENT BETWEEN THE GOVERNMENT OF ICELAND AND THE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of Iceland and the Government of the Cayman Islands, desiring to conclude an Agreement concerning information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Iceland: (i) the income taxes to the state (tekjuskattar r\u00edkissj\u00f3\u00f0s); and (ii) the communal income tax (\u00fatsvar til sveitarf\u00e9laganna). 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Iceland or the Cayman Islands as the context requires; b) the term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \u201cIceland\u201d means Iceland and, when used in a geographical sense, means the territory of Iceland, including its territorial sea, and any area beyond the territorial sea within which Iceland, in accordance with international law, exercises jurisdiction or sovereign rights with respect to the sea bed, its subsoil and its superjacent waters, and their natural resources; d) the term \u201ccompetent authority\u201d means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Iceland, the Minister of Finance or that person\u2019s authorised representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 of the Agreement, have the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Tax Information Authority Act (2021 Revision) Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. Tax Information Authority Act (2021 Revision) 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice, or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. Tax Information Authority Act (2021 Revision) 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. For the Government of Iceland: For the Government of the Cayman Islands: GU\u00d0MUNDAR \u00c1RNI STEF\u00c1NSSON ALDEN MCLAUGHLIN Tax Information Authority Act (2021 Revision) SCHEDULE 8 AGREEMENT BETWEEN THE KINGDOM OF NORWAY AND THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of the Kingdom of Norway and the Government of the Cayman Islands, desiring to conclude an Agreement concerning information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Norway: (i) the tax on general income (skatt p\u00e5 alminnelig inntekt); (ii) the tax on personal income (skatt p\u00e5 personinntekt); (iii) the special tax on petroleum income (petroleumsskatt); (iv) the resource rent tax on income from production of hydroelectric power (grunnrenteskatt p\u00e5 kraftverk); (v) the withholding tax on dividends (kildeskatt p\u00e5 utbytte); and (vi) the tax on Remuneration to non-resident artistes (artistskatt). 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Norway or the Cayman Islands as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Norway\\\" means the Kingdom of Norway, and includes the land territory and internal waters, the territorial sea and the area beyond the territorial sea where the Kingdom of Norway, according to Norwegian legislation and in accordance with international law, may exercise its rights with respect to the seabed and subsoil and their natural resources; the term does not comprise Svalbard, Jan Mayen and the Norwegian dependencies (\u201cbiland\u201d); d) the term \\\"competent authority\\\" means: (i)in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii)in Norway, the Minister of Finance or the Minister\u2019s authorised representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 of the Agreement, have the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Tax Information Authority Act (2021 Revision) Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential Tax Information Authority Act (2021 Revision) communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. Tax Information Authority Act (2021 Revision) ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect (a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; (b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. For the Government of the Kingdom of Norway For the Government of the Cayman Islands ODD L. FOSSEIDBR\u00c5TEN ALDEN MCLAUGHLIN Tax Information Authority Act (2021 Revision) SCHEDULE 9 AGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS The Government of the Kingdom of Sweden and the Government of the Cayman Islands, desiring to conclude an Agreement concerning information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Sweden: (i) den statliga inkomstskatten (the national income tax); (ii) kupongskatten (the withholding tax on dividends); (iii) den s\u00e4rskilda inkomstskatten f\u00f6r utomlands bosatta (the income tax on non-residents); (iv) den s\u00e4rskilda inkomstskatten f\u00f6r utomlands bosatta artister m.fl. (the income tax on non-resident artistes and athletes); (v) den kommunala inkomstskatten (the communal income tax); (vi) avkastningsskatten p\u00e5 pensionsmedel (the yield tax on pension funds). 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other Tax Information Authority Act (2021 Revision) of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Sweden or the Cayman Islands as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Sweden\\\" means the Kingdom of Sweden and, when used in a geographical sense, includes the national territory, the territorial sea of Sweden as well as other maritime areas over which Sweden in accordance with international law exercises sovereign rights or jurisdiction; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Sweden, the Minister of Finance, that person\u2019s authorised representative or the authority which is designated as a competent authority for the purposes of this Agreement; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 of the Agreement, have the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Tax Information Authority Act (2021 Revision) Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. Tax Information Authority Act (2021 Revision) 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. Tax Information Authority Act (2021 Revision) 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect (a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; (b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Stockholm this 1st day of April 2009, in duplicate in the English language. For the Government of the Kingdom of Sweden For the Government of the Cayman Islands INGEMAR HANSSON ALDEN MCLAUGHLIN. Tax Information Authority Act (2021 Revision) SCHEDULE 10 EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE UNITED KINGDOM AND THE CAYMAN ISLANDS CONCERNING AN ARRANGEMENT FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION 15th June 2009 Sir I have the honour to propose to you \u2014 \uf0b7 the Arrangement between the United Kingdom of Great Britain and Northern Ireland and the Cayman Islands for the avoidance of double taxation and the prevention of fiscal evasion (\u201cthe Arrangement\u201d) at Appendix 1 to this letter; \uf0b7 that the Arrangement shall have effect in accordance with Paragraph 14 thereof; \uf0b7 our mutual commitment to comply at the earliest date with our internal procedures required by our respective domestic law for the bringing into force of the Arrangement and to notify each other without delay through the formal channels when such procedures are completed. I have the honour to propose that, if the above is acceptable to the Government of the Cayman Islands, this letter and Appendix 1 together with your reply will constitute our mutual acceptance of the provisions of the Arrangement. The United Kingdom welcomes this Arrangement as a significant step in establishing the Cayman Islands\u2019 status as a jurisdiction which complies with international standards in the field of taxation, and recognizes the Cayman Islands\u2019 commitment to transparency and effective exchange of information in tax matters and to continued progress in this area. Please accept, Sir, the assurance of our highest consideration, THE RT. HON. STEPHEN TIMMS MP FINANCIAL SECRETARY TO THE TREASURY Sir, I have the honour to acknowledge receipt of your letter of 15th June 2009, which reads as follows: \u201c Sir I have the honour to propose to you \u2014 \uf0b7 the Arrangement between the United Kingdom of Great Britain and Northern Ireland and the Cayman Islands for the avoidance of double taxation and the prevention of fiscal evasion (\u201cthe Arrangement\u201d) at Appendix 1 to this letter; Tax Information Authority Act (2021 Revision) \uf0b7 that the Arrangement shall have effect in accordance with Paragraph 14 thereof; \uf0b7 our mutual commitment to comply at the earliest date with our internal procedures required by our respective domestic law for the bringing into force of the Arrangement and to notify each other without delay through the formal channels when such procedures are completed. I have the honour to propose that, if the above is acceptable to the Government of the Cayman Islands, this letter and Appendix 1 together with your reply will constitute our mutual acceptance of the provisions of the Arrangement. The United Kingdom welcomes this Arrangement as a significant step in establishing the Cayman Islands\u2019 status as a jurisdiction which complies with international standards in the field of taxation, and recognizes the Cayman Islands\u2019 commitment to transparency and effective exchange of information in tax matters and to continued progress in this area. Please accept, Sir, the assurance of our highest consideration,\u201d I am able to confirm that the Government of the Cayman Islands is in agreement with the contents of your letter dated 15th June 2009 and that this letter constitutes our mutual acceptance and making of the Arrangement contained in Appendix 1 to your letter and appended to this letter. Please accept, Sir, the assurance of our highest consideration, THE HON. W. MCKEEVA BUSH LEADER OF GOVERNMENT BUSINESS, CAYMAN ISLANDS GOVERNMENT 15th June 2009 Appendix 1 ARRANGEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE CAYMAN ISLANDS FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION The Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Cayman Islands (\u201cthe Governments\u201d); Desiring to conclude an Arrangement for the avoidance of double taxation and the prevention of fiscal evasion; Have arranged as follows: 1. Persons covered This Arrangement shall apply to persons who are residents of one or both of the Territories. 2. Taxes covered The taxes to which this Arrangement shall apply are the following United Kingdom taxes: a) the income tax; Tax Information Authority Act (2021 Revision) b) the corporation tax; c) the capital gains tax; and for the purposes of Paragraph 13 only: d) the inheritance tax; e) the value added tax; and any taxes which are identical or substantially similar to those taxes which are imposed by either Territory after the date of signature of this Arrangement. The competent authorities of the Territories shall notify each other of any significant changes that have been made in their taxation laws. 3. General definitions 1. For the purposes of this Arrangement, unless the context otherwise requires: a) the term \u201cUnited Kingdom\u201d means Great Britain and Northern Ireland, including any area outside the territorial sea of the United Kingdom designated under its laws concerning the Continental Shelf and in accordance with international law as an area within which the rights of the United Kingdom with respect to the sea bed and sub-soil and their natural resources may be exercised; b) the term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes its territorial sea and any areas beyond its territorial sea within which sovereign rights with respect to the sea bed and sub-soil and their natural resources may be exercised in accordance with international law; c) the terms \u201ca Territory\u201d and \u201cthe other Territory\u201d mean the United Kingdom or the Cayman Islands, as the context requires; d) the term \u201cperson\u201d includes an individual, a company and any other body of persons; e) the term \u201ccompetent authority\u201d means: (i) in the United Kingdom, the Commissioners for Her Majesty\u2019s Revenue and Customs or their authorised representative; (ii) in the Cayman Islands, the Cayman Islands Tax Information Authority. f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes or which is otherwise treated as a body corporate under the law of a Territory; g) the term \u201centerprise\u201d applies to the carrying on of any business; h) the term \u201centerprise of a Territory\u201d and \u201centerprise of the other Territory\u201d mean respectively an enterprise carried on by a resident of a Territory and an enterprise carried on by a resident of the other Territory; i) the term \u201cinternational traffic\u201d means any transport by a ship or aircraft operated by an enterprise which is a resident of and has its place of effective management in a Territory except where the ship or aircraft is operated solely between places in the other Territory. Tax Information Authority Act (2021 Revision) 2. As regards the application of this Arrangement at any time by a Territory, 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 Territory, any meaning under the applicable tax laws of that Territory prevailing over a meaning given to the term under other laws of that Territory. 4. Resident 1. For the purposes of this Arrangement, the term \u201cresident of a Territory\u201d means a) in the case of the United Kingdom, any person who, under its laws, is liable to tax therein by reason of that person\u2019s domicile, residence, place of management, place of incorporation or any other criterion of a similar nature, and also includes the United Kingdom, and any political subdivision or local authority thereof.  This term, however, does not include any person who is liable to tax in the United Kingdom in respect only of income or capital gains from sources therein; b) in the case of the Cayman Islands, any person who, under its laws, is recognised as a resident by reason of that person\u2019s domicile, residence, place of incorporation, place of management, or any other criterion of a similar nature and also includes the Cayman Islands. 2. Where by reason of the provisions of subparagraph 1 a person is a resident of both Territories, then that person shall be treated for the purposes of this Arrangement as a resident of the United Kingdom only. 3. Persons to whom subparagraph 2 applies shall not be subjected in the United Kingdom to taxation which is more burdensome than the taxation which applies to residents of the United Kingdom in the same circumstances to whom subparagraph 2 does not apply. 5. Business profits of individuals 1. Business profits derived by an individual shall be taxable only in the Territory in which that individual is resident unless that individual undertakes business in the other Territory.  If that individual undertakes such business, that individual\u2019s profits may be taxed in that other Territory, but only so much of them as is attributable to that business. 2. In determining the profits of such individual, there shall be allowed as deductions expenses which are incurred for the purposes of such individual\u2019s business, including executive and general administrative expenses so incurred, whether in the Territory in which the individual undertakes the business or elsewhere. 3. Where profits include items of income which are dealt with separately in other Paragraphs of this Arrangement, then the provisions of those Paragraphs shall not be affected by the provisions of this Paragraph. 4. No provision of this Paragraph shall be construed as restricting the right of a Territory to tax its residents. Tax Information Authority Act (2021 Revision) 6. Profits and gains from shipping and air transport 1. Profits of an enterprise of a Territory from the operation of ships or aircraft in international traffic shall be taxable only in that Territory. 2. Gains derived by a resident of a Territory from the alienation of ships or aircraft operated in international traffic by an enterprise of that Territory, or moveable property pertaining to the operation of such ships or aircraft, shall be taxable only in that Territory. 3. The provisions of subparagraph 1 shall also apply to profits from the participation in a pool, a joint business or an international operating agency. 7. Pensions 1. Subject to the provisions of subparagraph 2 of Paragraph 8 (Government service), pensions and other similar remuneration paid to an individual who is a resident of a Territory, shall be taxable only in that Territory. 2. Notwithstanding the provisions of subparagraph 1, such payments which arise in the other Territory may also be taxed in that other Territory where the recipient has not been continuously a resident of the first-mentioned Territory either a) for a period of 6 years immediately before the commencement of the payment of that pension, or b) for a period of 6 years immediately before the commencement of the employment to which the pension relates. 8. Government service 1. a) Salaries, wages and other similar remuneration paid by a Territory or a political subdivision or a local authority thereof to an individual in respect of services rendered to that Territory or subdivision or authority shall be taxable only in that Territory. b) However, such salaries, wages and other similar remuneration shall be taxable only in the other Territory if the services are rendered in that Territory and the individual is a resident of that Territory who did not become so resident solely for the purpose of rendering the services. 2. a) Notwithstanding the provisions of sub-paragraph 1, pensions and other similar remuneration paid by, or out of funds created by, a Territory or a political subdivision or a local authority thereof to an individual in respect of services rendered to that Territory or subdivision or authority shall be taxable only in that Territory. b) However, such pensions and other similar remuneration shall be taxable only in the other Territory if the individual is a resident of that other Territory and has been continuously a resident of that other Territory either (i) for a period of 6 years immediately before the commencement of the payment of that pension, or Tax Information Authority Act (2021 Revision) (ii) for a period of 6 years immediately before the commencement of the employment to which the pension relates. 3. This Paragraph does not apply to salaries, wages, pensions, and other similar remuneration in respect of services rendered in connection with a business carried on by a Territory or a political subdivision or a local authority thereof. 9. Students Payments received by a student or business apprentice who immediately before visiting a Territory was a resident of the other Territory under the laws of that other Territory, and who is present in the first-mentioned Territory solely for the purpose of that person\u2019s fulltime education at a university, college or other recognised educational institution of a similar nature, or for that person\u2019s full-time training, shall not be taxed in that firstmentioned Territory, provided that such payments arise outside that first-mentioned Territory, and are for the purpose of that person\u2019s maintenance, education or training. The exemption from tax provided by this Paragraph shall apply to a business apprentice only for a period of time not exceeding one year from the date the business apprentice first arrives in the first-mentioned Territory for the purpose of that person\u2019s training. 10. Other income Items of income not dealt with in the foregoing Paragraphs of this Arrangement arising in a Territory and paid to a resident of the other Territory may be taxed in the first-mentioned Territory. 11. Elimination of double taxation 1. Where a resident of a Territory derives profits, income or gains which, in accordance with the provisions of this Arrangement, may be taxed in the other Territory, the firstmentioned Territory shall, subject to any provisions of its law regarding the allowance as a credit against its tax of tax payable in another territory (which shall not affect the general principle hereof), allow as a deduction from the tax on the income of that resident, an amount equal to the tax paid in that other Territory. Such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to the income, profits or gains which may be taxed in that other Territory. 2. For the purposes of this Paragraph, profits, income and gains owned by a resident of a Territory which may be taxed in the other Territory in accordance with this Arrangement shall be deemed to arise from sources in that other Territory. 12. Mutual agreement procedure 1. Where a person considers that the actions of one or both of the Territories result or will result for that person in taxation not in accordance with the provisions of this Arrangement, that person may, irrespective of the remedies provided by the domestic law of those Territories, present that person\u2019s case to the competent authority of either Territory. Tax Information Authority Act (2021 Revision) 2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Territory, with a view to the avoidance of taxation which is not in accordance with this Arrangement.  Any agreement reached shall be implemented notwithstanding any time limits or other procedural limitations in the domestic law of the Territories, except such limitations as apply for the purposes of giving effect to such an agreement. 3. The competent authorities of the Territories shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Arrangement. They may also consult together for the elimination of double taxation in cases not provided for in the Arrangement. 4. The competent authorities of the Territories may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding subparagraphs. 13. Exchange of information and tax examinations 1. The competent authorities of the Territories shall exchange such information as is foreseeably relevant for carrying out the provisions of this Arrangement or to the administration or enforcement of the domestic laws of the Territories concerning taxes covered by this Arrangement imposed on behalf of the Territories insofar as the taxation thereunder is not contrary to the Arrangement. The exchange of information is not restricted by Paragraph 1. 2. Any information received under subparagraph 1 by a Territory shall be treated as confidential in the same manner as information obtained under the domestic laws of that Territory and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes covered by this Arrangement, 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.  Notwithstanding the foregoing, information received may be used: a) for other tax purposes with the express written consent of the competent authority of the Territory that provided the information; and b) for any other purposes when such information may be used for such purposes under the laws of both Territories and the competent authority of the Territory that provided the information authorises such use in writing. 3. Information received under subparagraph 1 by a Territory shall not be disclosed to any other jurisdiction. 4. In no case shall the provisions of subparagraphs 1 and 2 be construed so as to impose on a Territory the obligation: Tax Information Authority Act (2021 Revision) a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Territory; 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 Territory; c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information the disclosure of which would be contrary to public policy. 5. If information is requested by a Territory in accordance with this Paragraph, the other Territory shall use its information gathering measures to obtain the requested information, even though that other Territory may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of subparagraph 4 but in no case shall such limitations be construed to permit a Territory to decline to supply information solely because it has no domestic interest in such information. 6. In no case shall the provisions of subparagraph 4 be construed to permit a Territory 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. 7. A Territory may, in accordance with its law and pursuant to any procedures agreed by the competent authorities, allow representatives of the competent authority of the other Territory to enter its jurisdiction in order to interview persons, examine records or to conduct a tax examination in its jurisdiction. 14. Entry into force 1. Each of the Territories shall notify the other of the completion of the procedures required by its law for the bringing into force of this Arrangement.  The Arrangement shall enter into force on the date of the later of these notifications and shall thereupon have effect: a) in the United Kingdom: (i)in respect of income tax and capital gains tax, for any year of assessment beginning on or after 6th April next following the date on which this Arrangement enters into force; (ii)in respect of corporation tax, for any financial year beginning on or after 1st April next following the date on which this Arrangement enters into force; (iii)in respect of other taxes, for charges to tax arising on or after the date on which this Arrangement enters into force; and b) in the Cayman Islands on those same dates. 2. The provisions of this Arrangement shall not impose upon a Territory any obligation to provide information under Paragraph 13 in respect of a taxable period or charge to tax Tax Information Authority Act (2021 Revision) as the case may be occurring prior to the later of the notification dates referred to in subparagraph 1. 15. Termination 1. This Arrangement shall remain in force until terminated by one of the Territories. Either of the Governments may on or before 30th June in any calendar year, give notice of termination to the other Government and, in such event, this Arrangement shall cease to have effect a) in relation to relief from double taxation, at the end of the year of assessment or financial year immediately following receipt of that notice; b) in relation to other matters, from the date of receipt of the notice. 2. In the event that this Arrangement is terminated, a) all requests for information under Paragraph 13 received up to the effective date of termination will be dealt with in accordance with the terms of the Arrangement; and b) the Territories shall remain bound by the confidentiality provisions in Paragraph 13 with respect to any information obtained under the Arrangement. Tax Information Authority Act (2021 Revision) SCHEDULE 11 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF IRELAND CONCERNING INFORMATION ON TAX MATTERS The Government of the Cayman Islands and the Government of Ireland, desiring to conclude an Agreement concerning information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by Ireland: (i) the income tax, (ii) the income levy, (iii) the corporation tax, (iv) the capital gains tax, (v) the capital acquisitions tax, and (vi) the value added tax. 2. This Agreement shall also apply to any identical or any substantially similar taxes Tax Information Authority Act (2021 Revision) imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means the Cayman Islands or Ireland as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \u201cIreland\u201d includes any area outside the territorial waters of Ireland which has been or may hereafter be designated under the laws of Ireland concerning the Exclusive Economic Zone and the Continental Shelf, as an area within which Ireland may exercise such sovereign rights and jurisdiction as are in conformity with international law; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Ireland, the Revenue Commissioners or their authorized representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d means any collective investment fund or scheme provided the units, shares or other interests in the fund Tax Information Authority Act (2021 Revision) 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 Tax Information Authority Act (2021 Revision) witnesses and authenticated copies of original records. 4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 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) information regarding the ownership of companies, partnerships, trusts, foundations, and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. Tax Information Authority Act (2021 Revision) 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the firstmentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. Tax Information Authority Act (2021 Revision) 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of ordinary costs incurred in providing assistance shall be agreed by the Contracting Parties, and direct extraordinary costs incurred in providing assistance shall be borne by the requesting party. ARTICLE 10 Tax Information Authority Act (2021 Revision) Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after 1 January 2004 or, where there is no taxable period, for all charges to tax arising on or after 1 January 2004; b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. Article 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may after one year from the date of its entry into force terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Berlin this day June 23rd of 2009, in duplicate in the English language. For the Government of the Cayman For the Government of Ireland: Tax Information Authority Act (2021 Revision) Islands: HON. W. MCKEEVA BUSH MARTIN MANSERGH MINISTER FOR FINANCIAL SERVICES CAYMAN ISLANDS GOVERNMENT MINISTER OF STATE DEPARTMENT OF FINANCE Tax Information Authority Act (2021 Revision) SCHEDULE 12 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE KINGDOM OF THE NETHERLANDS FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Government of the Cayman Islands and the Government of the Kingdom of the Netherlands, DESIRING to strengthen the relationship between them through cooperation in taxation matters, have determined to accede to the Agreement hereinafter set out, have agreed as follows: ARTICLE 1 Scope of the Agreement The competent authorities of the Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. The taxes which are the subject of this Agreement are taxes of every kind and description existing on the date of signature. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent Tax Information Authority Act (2021 Revision) authorities of the Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cParty\u201d means the Netherlands or the Cayman Islands as the context requires; b) the term \u201cthe Netherlands\u201d means the part of the Kingdom of the Netherlands that is situated in Europe, including its territorial sea, and any area beyond the territorial sea within which the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights with respect to the sea bed, its sub soil and its superjacent waters, and their natural resources; c) the term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea and areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; d) the term \u201ccompetent authority\u201d means i) in the case of the Netherlands the Minister of Finance or that person\u2019s authorised representative; ii) in the case of the Cayman Islands the Tax Information Authority; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means the stock exchanges of the Netherlands, the Cayman Islands and any stock exchange agreed upon by the competent authorities of the Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Party requesting information; m) the term \u201crequested Party\u201d means the Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 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 the applicant state prevailing over a meaning given to the term under other laws of that state. ARTICLE 5 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 of the Agreement, have the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation and the tax period of the person concerned; (b) to the extent known, the name and address of any person believed to be in possession of the requested information; (c) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (d) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and, to the fullest extent possible: (e) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (f) the tax purpose for which the information is sought; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. Article 6 Tax examinations abroad Tax Information Authority Act (2021 Revision) 1. A Party may, on request, allow representatives of the competent authority of the other Party to enter its territory to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the applicant Party shall notify the competent authority of the requested Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Party, the competent authority of the other Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of declining a request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Party the obligation to supply information which is subject to legal privilege or would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 4. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 5. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. Tax Information Authority Act (2021 Revision) ARTICLE 8 Confidentiality Any information received by a Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction or used for any other purpose without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the competent authorities. ARTICLE 10 Language Requests for assistance and answers thereto shall be drawn up in English. Article 11 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The parties shall agree on other forms of dispute resolution should this become necessary. ARTICLE 12 Entry into force This Agreement shall enter into force when each party has notified the other of the completion of its necessary internal procedures for entry into force. Upon the date of entry into force, it shall have effect; Tax Information Authority Act (2021 Revision) (a) for criminal tax matters  on that date, but only in respect of taxable periods beginning on or after January 1st, 2004 or, where there is no taxable period, all charges to tax arising on or after January 1st, 2004; and (b) for all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination 1. This Agreement shall remain in force until terminated by one of the Parties. Either Party may terminate the Agreement by giving notice of termination given by one competent authority to the other competent authority at least six months before the end of any calendar year after the expiration of a period of three years from the date of its entry into force. In such event the Agreement shall cease to have effect for taxable years and periods beginning after the end of the calendar year in which the notice of termination has been given. 2. In the event of termination, both Parties shall remain bound by the provision of Article 8 with respect to any information obtained under the Agreement. IN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this Agreement. DONE at The Hague, this 8th day of July 2009, in duplicate, in the English language. For the Government of the Cayman Islands For the Government of the Kingdom of the Netherlands HON. W. MCKEEVA BUSH MINISTER FOR FINANCIAL SERVICES CAYMAN ISLANDS GOVERNMENT JAN KEES DE JAGER STATE SECRETARY OF FINANCE PROTOCOL BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE KINGDOM OF THE NETHERLANDS CONCERNING THE INTERPRETATION AND APPLICATION OF THE AGREEMENT BETWEEN THE KINGDOM OF THE NETHERLANDS AND THE GOVERNMENT OF THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES Whereas the Government of the Netherlands recognises the commitment the Government of the Cayman Islands made to the OECD in 2000 to respect the principles of transparency and exchange of information and the Netherlands considers that this Agreement demonstrates the commitment of the Cayman Islands to high standards for effective exchange of information with respect to both criminal and civil taxation matters; Tax Information Authority Act (2021 Revision) Whereas the Government of the Netherlands also recognises the progressive steps that the Cayman Islands have taken to demonstrate their commitment to high standards for effective exchange of information with respect to both criminal and civil taxation matters in negotiation of Tax Information Exchange Agreements with other countries and recognises that the Cayman Islands are committed to combating tax abuse by putting in place mechanisms which enhance transparency; for example, the proactive steps taken to amend domestic legislation of the Cayman Islands for the purpose of fulfilling this Agreement and upon entering into the Agreement, the Netherlands does not consider the Cayman Islands to be engaging in any harmful tax practices and thus is not referred to as a tax haven. The Government of the Cayman Islands and the Government of the Kingdom of the Netherlands (the \u201cParties\u201d), DESIRING to facilitate the exchange of information with respect to taxes, have agreed as follows: I. Ad Article 5(5)(g) With respect to subparagraph g of paragraph 5 of Article 5 it is understood that the term \u201cpursued all means available in its own territory\u201d includes the requesting Party using exchange of information mechanisms it has in force with any third country in which the information is located. II. Ad Article 5 If personal data is exchanged under the Agreement, the following additional provisions shall apply: a) The receiving authority may use such data only for the stated purpose and shall be subject to the conditions prescribed by the supplying authority; such use is also permitted, subject to the written consent required under Article 8, for the prevention and prosecution of serious crimes and for the purpose of addressing serious threats to public security; b) The receiving authority shall on request inform the supplying authority about the use of the supplied data and the results achieved thereby; c) Personal data may be supplied only to the responsible agencies. Any subsequent supply to other agencies may be effected only with the prior approval of the supplying authority; d) The supplying authority shall be obliged to take all reasonable care to ensure that the data to be supplied are accurate and that they are necessary for and proportionate to the purpose for which they are supplied. Any bans on data supply prescribed under applicable domestic law shall be observed. If it emerges that inaccurate data or data which should not have been supplied have been supplied, the receiving authority shall be informed of this without delay. That authority shall be obliged to correct or erase such data without delay; e) Upon application the person concerned shall be informed of the supplied data relating to that person and of the use to which such data are to be put. Tax Information Authority Act (2021 Revision) There shall be no obligation to furnish this information if on balance it turns out that the public interest in withholding it outweighs the interest of the person concerned in receiving it. In all other respects, the right of the person concerned to be informed of the existing data relating to that person shall be governed by the domestic law of the Party in whose sovereign territory the application for the information is made; f) The receiving authority shall bear liability in accordance with its domestic laws in relation to any person suffering unlawful damage as a result of supply of data pursuant to this Agreement. In relation to the damaged person, the receiving authority may not plead in its defence that the damage had been caused by the supplying agency; g) If the domestic law of the supplying authority provided, with respect to the personal data supplied, for erasure within a certain period of time that authority shall inform the receiving authority accordingly. Irrespective of such periods, supplied personal data shall be erased once they are no longer required for the purpose for which they were supplied; h) The supplying and the receiving authority shall be obliged to keep official records of the supply and receipt of personal data; i) The supplying and the receiving authority shall be obliged to take effective measures to protect the personal data supplied against unauthorised access, unauthorised alteration and unauthorised disclosure. III. Ad article 12 In the event that a Party applies prejudicial or restrictive measures based on harmful tax practices to residents or nationals of the other Party, either Party may immediately initiate Competent Authority proceedings to resolve the matter. A prejudicial or restrictive measure based on harmful tax practices is a measure applied by one Party to residents or nationals of either Party on the basis that any one or more of the following applies: (a) the other Party does not engage in effective exchange of information; (b) because it lacks transparency in the operation of its laws, regulations or administrative practices; or, (c) on the basis of no or nominal taxes. Without limiting the generality of the term, \\\"prejudicial or restrictive measure\\\" is not limited solely to taxation matters and includes the denial of a deduction, credit or exemption, the imposition of a tax, charge or levy, or special reporting requirements, but does not include any generally applicable measure, applied by either Party against, amongst others, members of the OECD generally. IV. In the light of the experience of operating the Agreement, or to reflect changing circumstances, either Government may wish to propose a variation in the terms of this Agreement. If so, it is understood the other Government will agree to hold timely discussions with a view to revising the terms of the Agreement. Tax Information Authority Act (2021 Revision) a. The competent authorities may initiate discussions in case: (i) the Netherlands enters into an agreement with another jurisdiction comparable to the Cayman Islands which provides for other forms of exchange of information; (ii) the Government of the Cayman Islands enters into an agreement with another jurisdiction which provides for other forms of exchange of information; (iii) the Government of the Cayman Islands introduces new legislation which enables other forms of exchange of information. b. If the Netherlands enters into arrangements with another jurisdiction comparable to the Cayman Islands for the provision of information with respect to taxes that are less burdensome in any material respect than the provisions of the Agreement, the Cayman Islands may initiate discussions with the Netherlands with a view to modifying the Agreement to have similar effect. This Protocol shall form an integral part of the Agreement between the Kingdom of The Netherlands and the Government of the Cayman Islands as authorised under the letter of entrustment from the United Kingdom of Great Britain and Northern Ireland for the exchange of information with respect to tax matters. The Parties may, by mutual arrangement, amend this Protocol at any time in writing. The amended Protocol will come into effect on the date of the final letter arranging the amendment. IN WITNESS WHEREOF the undersigned being duly authorised in that behalf by the respective Parties, have signed this Protocol. DONE at The Hague, this 8th day of July 2009, in duplicate in the English language. For the Government of the Cayman Islands For the Government of the Kingdom of the Netherlands HON. W. MCKEEVA BUSH MINISTER FOR FINANCIAL SERVICES GOVERNMENT JAN KEES DE JAGER STATE SECRETARY OF FINANCE\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 13 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF NEW ZEALAND ON THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Government of the Cayman Islands and the Government of New Zealand, Desiring to facilitate the exchange of information with respect to taxes, have agreed as follows: ARTICLE 1 Object and scope of this Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of those Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable. The Requested Party shall use its best endeavours to ensure that any such rights and safeguards are not applied in a manner that unduly prevents or delays effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. The existing New Zealand taxes which are the subject of this Agreement are direct taxes of every kind and description. 2. This Agreement shall also apply to any identical or substantially similar taxes imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The Agreement shall also apply to such other taxes as may be agreed in an exchange of letters between the Contracting Parties. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by this Agreement. Tax Information Authority Act (2021 Revision) 3. This Agreement shall not apply to taxes imposed by municipalities, local authorities, or possessions of a Contracting Party. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: (a) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and includes its territorial sea and any areas beyond its territorial sea within which sovereign rights with respect to the seabed and sub-soil and their natural resources may be exercised in accordance with international law; (b) the term \u201cNew Zealand\u201d means the territory of New Zealand but does not include Tokelau; it also includes any area beyond the territorial sea designated under New Zealand legislation and in accordance with international law as an area in which New Zealand may exercise sovereign rights with respect to natural resources; (c) the term \u201cApplicant Party\u201d means the Contracting Party requesting information; (d) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; (e) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; (f) the term \u201ccompetent authority\u201d means, in the case of the Cayman Islands, the Tax Information Authority and, in the case of New Zealand, the Commissioner of Inland Revenue or an authorised representative of the Commissioner; (g) the term \u201cContracting Party\u201d means the Cayman Islands or New Zealand as the context requires; (h) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; (i) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; (j) the term \u201cperson\u201d includes an individual, a company and any other body of persons; (k) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; Tax Information Authority Act (2021 Revision) (l) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; (m) the term \u201crecognised stock exchange\u201d means the New Zealand Exchange Limited, the Cayman Islands Stock Exchange and any other stock exchange agreed upon by the competent authorities of the Contracting Parties; (n) the term \u201cRequested Party\u201d means the Contracting Party requested to provide information; and (o) the term \u201ctax\u201d means any tax to which this Agreement applies pursuant to Article 3. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party. 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 all relevant information gathering measures to provide the Applicant 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 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 authority for the purposes specified in Article 1 of this Agreement, has 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) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership Tax Information Authority Act (2021 Revision) chain; in the case of trusts, information on settlors, trustees, beneficiaries and protectors; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under this Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the Applicant Party wishes to receive the information from the Requested Party; (c) the tax purpose for which the information is sought; (d) the grounds for believing that the information requested is held in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the Applicant Party, that if the requested information was within the jurisdiction of the Applicant Party then the competent authority of the Applicant Party would be able to obtain the information under the laws of the Applicant Party or in the normal course of administrative practice and that the information request is in conformity with this Agreement; and (g) a statement that the Applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the Requested Party shall forward the requested information as promptly as possible to the Applicant Party. ARTICLE 6 Tax examinations abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. Tax Information Authority Act (2021 Revision) 2. At the request of the competent authority of one of the Contracting Parties, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of declining a request 1. The Requested Party shall not be required to obtain or provide information that the Applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the Requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in paragraph 4 of Article 5 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice; or (b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The Requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed by the taxpayer. 6. The Requested Party may decline a request for information if the information is requested by the Applicant Party to administer or enforce a provision of the tax law of the Applicant Party, or any requirement connected therewith, which discriminates against a Tax Information Authority Act (2021 Revision) national of the Requested Party as compared with a national of the Applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the Requested Party. ARTICLE 9 Costs Unless the competent authorities of the Contracting Parties otherwise agree, ordinary costs incurred in providing assistance shall be borne by the Requested Party, and extraordinary costs incurred in providing assistance (including reasonable costs of engaging external advisors in connection with litigation or otherwise) shall be borne by the Applicant Party. At the request of either Contracting Party, the competent authorities shall consult as necessary with regard to this Article, and in particular the competent authority of the Requested Party shall consult with the competent authority of the Applicant Party in advance if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 10 NO PREJUDICIAL OR RESTRICTIVE MEASURES 1. Neither of the Contracting Parties shall apply prejudicial or restrictive measures based on harmful tax practices to residents or nationals of either Contracting Party so long as this Agreement is in force and effective. 2. A \u201cprejudicial or restrictive measure based on harmful tax practices\u201d is a measure applied by one Contracting Party to residents or nationals of either Contracting Party on the basis that the other Contracting Party does not engage in effective exchange of information and\/or because it lacks transparency in the operation of its laws, regulations or administrative practices, or on the basis of no or nominal taxes and one of the preceding criteria. Tax Information Authority Act (2021 Revision) 3. Without limiting the generality of paragraph 2 the term \u201cprejudicial or restrictive measure\u201d includes the denial of a deduction, credit or exemption, the imposition of a tax, charge or levy, or special reporting requirements. A \u201cprejudicial or restrictive measure\u201d does not include generally applicable measures, applied by either Contracting Party, such as Controlled Foreign Company rules, Foreign Investment Fund rules, transfer pricing rules, thin capitalisation rules, or general information reporting rules that relate to the disclosure of information from other countries or jurisdictions, or transactions with such countries or jurisdictions, such as record keeping requirements imposed on foreign owned subsidiaries to ensure access to information concerning parent companies. ARTICLE 11 Mutual agreement procedure 1. The competent authorities of the Contracting Parties shall jointly endeavour to resolve any difficulties or doubts arising as to the interpretation or application of this Agreement. 2. In addition to the endeavours referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually determine the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for the purposes of this Article. 4. The Contracting Parties may agree on other forms of dispute resolution. ARTICLE 12 Entry into Force The Government of the Cayman Islands and the Government of New Zealand shall notify each other in writing through the diplomatic channel of the completion of their constitutional and legal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification, and shall thereupon have effect with respect to all matters described in Article 1 for taxable periods beginning on or after 1 January following entry into force, or where there is no taxable period, for all charges to tax arising on or after 1 January following entry into force. ARTICLE 13 Termination 1. This Agreement shall continue in effect indefinitely, but either of the Contracting Parties may, after the expiration of 3 years from the date of its entry into force, terminate Tax Information Authority Act (2021 Revision) the agreement by giving to the other Contracting Party written notice of termination through the diplomatic channel. 2. Such termination shall become effective on the first day of the month following the expiration of a period of 6 months after the date of receipt of notice of termination by the other Contracting Party. 3. Notwithstanding any termination of this Agreement, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. IN WITNESS WHEREOF the undersigned, duly authorised thereto by their respective Governments, have signed this Agreement. DONE at Washington, DC this 13th day of August 2009, in duplicate in the English language. For the Government of the Cayman Islands: For the Government of New Zealand: HON. W. MCKEEVA BUSH MINISTER FOR FINANCIAL SERVICES CAYMAN ISLANDS GOVERNMENT ROY FERGUSON NEW ZEALAND AMBASSADOR TO THE UNITED STATES Tax Information Authority Act (2021 Revision) SCHEDULE 14 EXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE FRENCH REPUBLIC AND THE CAYMAN ISLANDS CONCERNING AN AGREEMENT FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS 30 September 2009 Monsieur Eric WOERTH Le Ministre Minist\u00e8re du Budget, des Comptes Publics, de la Fonction Publique et de la R\u00e9forme de l\u2019\u00c9tat 139 rue de Bercy 75572 Paris Cedex 12 Monsieur le Ministre, I have the honour, on behalf of my Government, to acknowledge receipt of your letter of 16 September 2009 in which you advised me: \\\"J\u2019ai l\u2019honneur, d\u2019ordre de mon Gouvernement, de vous proposer les dispositions contenues dans l\u2019annexe de la pr\u00e9sente lettre. Je vous serais oblig\u00e9e de me faire savoir si les termes de cette annexe recueillent l\u2019agr\u00e9ment de votre Gouvernement. Dans ce cas, la pr\u00e9sente lettre et son annexe, ainsi que votre r\u00e9ponse, constitueront l\u2019accord entre nos deux Gouvernements relatif \u00e0 l\u2019\u00e9change de renseignements en mati\u00e8re fiscale, accord qui entrera en vigueur apr\u00e8s la notification par chacun de nos deux Gouvernements \u00e0 l\u2019autre de l\u2019accomplissement des proc\u00e9dures internes requises par sa l\u00e9gislation conform\u00e9ment \u00e0 l\u2019article 12. \\\" In response, I therefore inform you that pursuant to the powers conferred on me, the provisions and annex to this letter obtain the approval of the Government of Cayman Islands. I assure you, Monsieur le Ministre, of my best regards. Yours sincerely, Hon. W. McKeeva Bush, OBE, JP Leader of Government Business (Premier Designate) and Minister of Financial Services, Tourism and Development Le Ministre Paris, le 16 SEP. 2009 Nos r\u00e9f. : 1052 CAB BPC Monsieur le Ministre, J\u2019ai l\u2019honneur, d\u2019ordre de mon Gouvernement, de vous proposer les dispositions contenues dans l\u2019annexe \u00e0 la pr\u00e9sente lettre. Je vous serais oblig\u00e9 de me faire savoir si les termes de cette annexe recueillent l\u2019agr\u00e9ment de votre Gouvernement. Dans ce cas, la pr\u00e9sente lettre et son annexe, ainsi que votre r\u00e9ponse, constitueront l\u2019accord entre nos deux Gouvernements relatif \u00e0 l\u2019\u00e9change de renseignements en mati\u00e8re fiscale, Tax Information Authority Act (2021 Revision) qui entrera en vigueur apr\u00e8s la notification par chacun de nos deux Gouvernements \u00e0 l\u2019autre de l\u2019accomplissement des proc\u00e9dures internes requises par sa l\u00e9gislation, conform\u00e9ment \u00e0 l\u2019article 12. Je vous prie de croire, Monsieur le Ministre, \u00e0 l\u2019assurance de ma consid\u00e9ration la meilleure. Eric WOERTH Hon. W. McKeeva Bush Minister for Financial Services Cayman Islands Government 4th Floor, Government Administration Building George Town, Grand Cayman Cayman Islands KY1-9000 139, rue de Bercy - T\u00e9l\u00e9doc 146 - 75572 Paris Cedex 12 ANNEX WHEREAS the Government of the French Republic and the Government of Cayman Islands (\u201cthe Contracting Parties\u201d) wish to enhance and facilitate the terms and conditions governing the exchange of information relating to taxes; WHEREAS it is acknowledged that the Government of the Cayman Islands has the right under the terms of its Entrustment from the United Kingdom to negotiate, conclude and perform a tax information exchange agreement with the Government of the French Republic; NOW, therefore, the Contracting Parties have agreed to conclude the following Agreement which contains obligations on the part of the Contracting Parties only: ARTICLE 1 Object and Scope of the Agreement 1. The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes and tax matters covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment, verification and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. 2. The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. Tax Information Authority Act (2021 Revision) ARTICLE 2 Jurisdiction To enable the provisions of this Agreement to be implemented, information shall be provided in accordance with this Agreement by the competent authority of the Requested Party without regard to whether the person to whom the information relates is, or whether the information is held by, a resident or national or citizen of a Contracting Party. A Requested Party is not obliged to provide information, which is neither held by its authorities nor in the possession of or in the control of or obtainable by persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. The taxes covered by this Agreement are the existing taxes imposed by the laws of the Contracting Parties. 2. This Agreement shall also apply to any identical or substantially similar taxes imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. 3. The Agreement shall also apply to other taxes as may be agreed in an exchange of letters between the Contracting Parties. 4. The competent authorities of the Contracting Parties shall notify each other of any relevant changes to the taxation and related information gathering measures covered by this Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) \u201cFrance\u201d means the European and overseas departments of the French Republic including the territorial sea, and any area outside the territorial sea within which, in accordance with international law, the French Republic has sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed and its subsoil and the superjacent waters; b) \u201cCayman Islands\u201d means the territory of Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and subsoil and their natural resources may be exercised; c) the term \u201ccompetent authority\u201d means i)in the case of France, the Minister of Finance, or that person\u2019s authorised representative; Tax Information Authority Act (2021 Revision) ii)in the case of Cayman Islands, the Tax Information Authority or a person or authority designated by it; d) the term \u201cperson\u201d includes a natural person, a legal person, or any body or group of such persons; e) the term \u201ctax\u201d means any tax to which the Agreement applies; f) the term \u201cRequesting Party\u201d means the Party requesting information; g) the term \u201cRequested Party\u201d means the Party requested to provide information; h) the term \u201cinformation gathering measures\u201d means laws and administrative, judicial or regulatory procedures that enable a Contracting Party to obtain and provide the requested information; i) the term \u201cinformation\u201d means any fact, statement, document or record in any form whatever; j) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the Requesting Party; k) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party. ARTICLE 5 Exchange of Information Upon Request 1. The competent authority of the Requested Party shall provide upon request in writing 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 Requested Party. 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 Contracting Party shall use all relevant information gathering measures 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. Tax Information Authority Act (2021 Revision) 4. Each Contracting Party shall ensure that its competent authorities, for the purposes of this Agreement, have the authority to obtain and provide upon request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; b) (i) information regarding the legal ownership and the beneficial ownership of companies, partnerships, collective investment schemes, and other persons; (ii) in the case of trusts, information on settlors, trustees, beneficiaries and protectors; and (iii) in the case of a foundation, information on the founders, members of the foundation council and beneficiaries. 5. The competent authority of the Requesting Party shall provide the following information to the competent authority of the Requested Party: 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 wishes to receive it; d) the tax purposes for which the information is sought; e) grounds for believing that the information requested is present in the Requested Party or is in the possession of, or in the control of or obtainable by a person within the jurisdiction of the Requested Party; f) to the extent known, the name and address of any person believed to be in possession of or control of or able to obtain the requested information; g) a statement that the request conforms with the law and administrative practices of the Requesting Party; h) a statement that the Requesting Party has pursued all means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulties. 6. To ensure a prompt response, the competent authority of the Requested Party shall: a) confirm the receipt of a request in writing to the competent authority of the Requesting Party and shall notify the competent authority of the Requesting Party of any deficiencies in the request within 60 days of receipt of the request; b) if the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, it shall inform the Requesting Party, explaining the reason for its inability. ARTICLE 6 Tax Examinations or Investigations Abroad Tax Information Authority Act (2021 Revision) 1. The Requested Party may, to the extent permitted under its domestic laws, following reasonable notice from the Requesting Party, allow representatives of the competent authority of the Requesting Party to enter the territory of the Requested Party to interview individuals and examine records with the prior written consent of the persons concerned. The competent authority of the Requesting Party shall notify the competent authority of the Requested Party of the time and place of the meeting with the persons concerned. 2. At the request of the competent authority of the Requesting Party, the competent authority of the Requested Party may allow representatives of the competent authority of the Requesting Party to attend a tax examination in the territory of the Requested Party. 3. If the request referred to in paragraph 2 is granted, the competent authority of the Requested Party conducting the examination shall, as soon as possible, notify the competent authority of the Requesting Party of the time and place of the examination, the authority or official authorised to carry out the examination and the procedures and conditions required by the Requested Party for the conduct of the examination. All decisions regarding the conduct of the tax examination shall be made by the Requested Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The competent authority of the Requested Party may decline to assist where the request is not made in conformity with this Agreement or where the disclosure of the information requested would be contrary to public policy (ordre public). 2. The provisions of this Agreement shall not impose upon a Contracting Party the obligation to provide items subject to legal privilege or to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information described in Paragraph 4 of Article 5 shall not by reason of that fact alone be treated as such a secret or trade process. 3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 4. The Requested Party shall not be required to obtain and provide information which the Requesting Party would be unable to obtain under its own laws for the purpose of the administration or enforcement of its own tax laws or in response to a valid request made in similar circumstances from the Requested Party under this Agreement. 5. The Requested Party may decline a request for information if the information is requested by the Requesting Party to administer or enforce a provision of the tax law of the Requesting Party, or any requirement connected therewith, which discriminates against a national or citizen of the Requested Party as compared with a national or citizen of the Requesting Party in the same circumstances. Tax Information Authority Act (2021 Revision) ARTICLE 8 Confidentiality 1. All information received by the competent authority of a Contracting Party shall be kept confidential. 2. Information provided to the competent authority of the Requesting Party may be used for purposes other than the purposes stated in Article 1 with the prior express written consent of the Requested Party. 3. Information provided shall be disclosed only to persons or authorities (including judicial and administrative authorities) concerned with the purposes specified in this Agreement and used by such persons or authorities only for such purposes. For these purposes, information may be disclosed in public court proceedings or in judicial decisions. 4. Information provided to a Requesting Party under this Agreement may not be disclosed to any other jurisdiction. ARTICLE 9 Administrative Costs Ordinary costs incurred in providing assistance shall be borne by the Requested Party. The Requested Party may request from the Requesting Party the reimbursement of direct extraordinary costs incurred in providing assistance. ARTICLE 10 Implementing Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement. This includes: availability of information, access to information, exchange of information. ARTICLE 11 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to these latter agreements, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 9. 3. The competent authorities of the Contracting Parties may communicate with each other directly for the purposes of reaching an agreement under this Article. 4. The Contracting Parties may also agree in writing on other forms of dispute resolution should this become necessary. Tax Information Authority Act (2021 Revision) ARTICLE 12 Entry Into Force This Agreement shall enter into force when each Contracting Party has notified the other of the completion of its necessary internal procedures for entry into force. Upon the date of entry into force, it shall have effect: a) for criminal tax matters on that date; and b) for all other matters covered in Article 1, on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination 1. Either Contracting Party may terminate this Agreement by serving a notice of termination. 2. Such termination shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notice of termination by the other Contracting Party. 3. If the Agreement is terminated, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. All requests received up to the effective date of termination will be dealt with in accordance with the terms of this Agreement. Tax Information Authority Act (2021 Revision) SCHEDULE 15 AGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS ANTILLES FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Government of the Cayman Islands, and the Government of the Kingdom of the Netherlands, in respect of the Netherlands Antilles, DESIRING to strengthen the relationship between them through cooperation in taxation matters, Have agreed as follows: ARTICLE 1 Scope of the Agreement 1. The competent authorities of the Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. 2. As regards the Kingdom of the Netherlands, this Agreement shall apply only to the Netherlands Antilles. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. The taxes which are the subject of this Agreement are: a) in the case of the Cayman Islands, taxes of every kind and description existing on the date of signature; b) in the Netherlands Antilles, Tax Information Authority Act (2021 Revision) (i) the income tax (inkomtenbelasting); (ii) the wages tax (loonbelasting); (iii) the profit tax (winstbelasting); and (iv) the surtaxes on the income and profit tax (opcenten op de inkomsten- en winstbelasting). 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. Furthermore, the taxes covered may be expanded or modified by mutual agreement of the Parties in the form of an exchange of letter. The competent authorities of the Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cParty\u201d means the Cayman Islands, or the Kingdom of the Netherlands, in respect of the Netherlands Antilles as the context requires; b) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea and areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \u201cthe Netherlands Antilles\u201d means the part of the Kingdom of the Netherlands that is situated in the Caribbean Sea and consisting of the Island Territories of Bonaire, Cura\u00e7ao, Saba, St. Eustatius and St. Maarten (Dutch part) including the territorial waters thereof and the part of the seabed and its subsoil under the Caribbean Sea over which the Kingdom of the Netherlands has sovereign rights in accordance with international law but excluding the part thereof relating to Aruba; d) the term \u201ccompetent authority\u201d means i) in the case of the Cayman Islands, the Tax Information Authority; ii) in the case of the Netherlands Antilles, the Minister of Finance or that person\u2019s authorised representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 Tax Information Authority Act (2021 Revision) purchased or sold \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means the stock exchanges of the Cayman Islands, the Netherlands Antilles and any stock exchange agreed upon by the competent authorities of the Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Party requesting information; m) the term \u201crequested Party\u201d means the Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 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 the applicant Party prevailing over a meaning given to the term under other laws of that Party. ARTICLE 5 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 Tax Information Authority Act (2021 Revision) all relevant information gathering measures to provide the applicant 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 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 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) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation and the tax period of the person concerned; b) to the extent known, the name and address of any person believed to be in possession of the requested information; c) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; d) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and, to the fullest extent possible: Tax Information Authority Act (2021 Revision) e) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; f) the tax purpose for which the information is sought; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. ARTICLE 6 Tax examinations abroad 1. A Party may, on request, allow representatives of the competent authority of the other Party to enter its territory to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the applicant Party shall notify the competent authority of the requested Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Party, the competent authority of the other Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of declining a request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Party the obligation to supply information which is subject to legal privilege or would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. Tax Information Authority Act (2021 Revision) 4. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 5. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction or used for any other purpose without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the competent authorities. ARTICLE 10 Language Requests for assistance and answers thereto shall be drawn up in English. ARTICLE 11 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The Parties shall agree on other forms of dispute resolution should this become necessary. Tax Information Authority Act (2021 Revision) Article 12 Entry into force This Agreement shall enter into force on the first day of the second month after the later of the dates on which each of the Parties has notified the other, in writing, of the completion of its necessary internal procedures for entry into force. Upon the date of entry into force, it shall have effect; a) for criminal tax matters on that date, but only in respect of taxable periods beginning on or after January 1st, 2010 or, where there is no taxable period, all charges to tax arising on or after January 1st, 2010; and b) for all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. Article 13 Termination This Agreement shall remain in force until terminated by one of the Parties. Either Party may terminate the Agreement, through diplomatic channels, by giving notice of termination to the other Party at least six months before the end of any calendar year after the expiration of a period of three years from the date of its entry into force. In such event the Agreement shall cease to have effect for taxable years and periods beginning after the end of the calendar year in which the notice of termination has been given. In the event of termination, both Parties shall remain bound by the provision of Article 8 with respect to any information obtained under the Agreement. IN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement. DONE at Willemstad, this 29th day of October, 2009, in duplicate, in the English language. FOR THE CAYMAN ISLANDS: FOR THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS ANTILLES: SAMUEL BULGIN, QC ERSILIA DE LANNOOY AGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS ANTILLES CONCERNING THE INTERPRETATION AND APPLICATION OF THE AGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS ANTILLES FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES Tax Information Authority Act (2021 Revision) The Government of the Cayman Islands, and the Government of the Kingdom of the Netherlands, in respect of the Netherlands Antilles, (the \u201cParties\u201d), DESIRING to facilitate the exchange of information with respect to taxes, Have agreed as follows: I. Ad Article 5(5)(g) With respect to subparagraph g) of paragraph 5 of Article 5 of the Agreement between the Cayman Islands as authorised under the letter of entrustment dated 1 September 2009 from the United Kingdom of Great Britain and Northern Ireland, and the Kingdom of the Netherlands, in respect of the Netherlands Antilles for the Exchange of Information with respect to Taxes (herein after referred to as \u201cthe Agreement\u201d) it is understood that the term \u201cpursued all means available in its own territory\u201d includes the requesting Party using exchange of information mechanisms it has in force with any third country in which the information is located. II. Ad Article 5 If personal data is exchanged under the Agreement, the following additional provisions shall apply: a) The receiving authority may use such data only for the stated purpose and shall be subject to the conditions prescribed by the supplying authority; such use is also permitted, subject to the written consent required under Article 8, for the prevention and prosecution of serious crimes and for the purpose of addressing serious threats to public security; b) The receiving authority shall on request inform the supplying authority about the use of the supplied data and the results achieved thereby; c) Personal data may be supplied only to the responsible agencies. Any subsequent supply to other agencies may be effected only with the prior approval of the supplying authority; d) The supplying authority shall be obliged to take all reasonable care to ensure that the data to be supplied are accurate and that they are necessary for and proportionate to the purpose for which they are supplied. Any bans on data supply prescribed under applicable domestic law shall be observed. If it emerges that inaccurate data or data which should not have been supplied have been supplied, the receiving authority shall be informed of this without delay. That authority shall be obliged to correct or erase such data without delay; e) Upon application the person concerned shall be informed of the supplied data relating to that person and of the use to which such data are to be put. There shall be no obligation to furnish this information if on balance it turns out that the public interest in withholding it outweighs the interest of the person concerned in receiving it. In all other respects, the right of the person concerned to be informed of the existing data relating to that person Tax Information Authority Act (2021 Revision) shall be governed by the domestic law of the Party in whose sovereign territory the application for the information is made; f) The receiving authority shall bear liability in accordance with its domestic laws in relation to any person suffering unlawful damage as a result of supply of data pursuant to this Agreement. In relation to the damaged person, the receiving authority may not plead in its defence that the damage had been caused by the supplying agency; g) If the domestic law of the supplying authority provided, with respect to the personal data supplied, for erasure within a certain period of time that authority shall inform the receiving authority accordingly. Irrespective of such periods, supplied personal data shall be erased once they are no longer required for the purpose for which they were supplied; h) The supplying and the receiving authority shall be obliged to keep official records of the supply and receipt of personal data; i) The supplying and the receiving authority shall be obliged to take effective measures to protect the personal data supplied against unauthorised access, unauthorised alteration and unauthorised disclosure. III. Ad article 12 In the event that a Party applies prejudicial or restrictive measures based on harmful tax practices to residents or nationals of the other Party, either Party may immediately initiate Competent Authority proceedings to resolve the matter. A prejudicial or restrictive measure based on harmful tax practices is a measure applied by one Party to residents or nationals of either Party on the basis that any one or more of the following applies: a) the other Party does not engage in effective exchange of information; b) because it lacks transparency in the operation of its laws, regulations or administrative practices; or, c) on the basis of no or nominal taxes. Without limiting the generality of the term, \\\"prejudicial or restrictive measure\\\" is not limited solely to taxation matters and includes the denial of a deduction, credit or exemption, the imposition of a tax, charge or levy, or special reporting requirements, but does not include any generally applicable measure, applied by either Party against, amongst others, members of the OECD generally. IV. In the light of the experience of operating the Agreement, or to reflect changing circumstances, either Party may wish to propose a variation in the terms of this Agreement. If so, it is understood the other Party will agree to hold timely discussions with a view to revising the terms of the Agreement. a) The competent authorities may initiate discussions in case: (i)the Cayman Islands enters into an agreement with another jurisdiction which provides for other forms of exchange of information; Tax Information Authority Act (2021 Revision) (ii)the Kingdom of the Netherlands, in respect of the Netherlands Antilles, enters into an agreement with another jurisdiction comparable to the Cayman Islands which provides for other forms of exchange of information; (iii)the Cayman Islands introduces new legislation which enables other forms of exchange of information; (iv)the Netherlands Antilles introduces new legislation which enables other forms of exchange of information. b) If the Cayman Islands enters into arrangements with another jurisdiction comparable to the Netherlands Antilles for the provision of information with respect to taxes that are less burdensome in any material respect than the provisions of the Agreement, the Netherlands Antilles may initiate discussions with the Cayman Islands with a view to modifying the Agreement to have similar effect; c) If the Netherlands Antilles enters into arrangements with another jurisdiction comparable to the Cayman Islands for the provision of information with respect to taxes that are less burdensome in any material respect than the provisions of the Agreement, the Cayman Islands may initiate discussions with the Netherlands Antilles with a view to modifying the Agreement to have similar effect. V. This Protocol shall form an integral part of the Agreement between the Cayman Islands as authorised under the letter of entrustment dated 1 September 2009 from the United Kingdom of Great Britain and Northern Ireland, and the Kingdom of the Netherlands, in respect of the Netherlands Antilles for the exchange of information with respect to tax matters, and shall enter into force on the same date as the Agreement. VI. The Parties may, by mutual arrangement, amend this Protocol at any time in writing. Such amendment shall enter into force on the first day of the second month after the Parties have notified each other in writing that the constitutional or internal requirements for the entry into force of the amendment have been complied with. IN WITNESS WHEREOF the undersigned, being duly authorised in that behalf by their respective Governments, have signed this Protocol. DONE at Willemstad, this 29th day of October, 2009, in duplicate, in the English language. FOR THE CAYMAN ISLANDS: FOR THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS ANTILLES: SAMUEL BULGIN, QC ERSILIA DE LANNOOY Tax Information Authority Act (2021 Revision) SCHEDULE 16 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF AUSTRALIA ON THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES Whereas it is acknowledged that the Cayman Islands under the Terms of its Entrustment from the United Kingdom is authorised to negotiate, conclude and perform a Tax Information Exchange Agreement with Australia; Now, therefore, the Government of the Cayman Islands and the Government of Australia (\\\"the Contracting Parties\\\") have agreed to conclude the following Agreement which contains obligations on the part of the Cayman Islands and Australia only, ARTICLE 1 Object and scope of this agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of those Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be provided in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable. The Requested Party shall use its best endeavours to ensure that any such rights and safeguards are not applied in a manner that unduly prevents or delays effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered The existing taxes which are the subject of this Agreement are taxes of every kind and description imposed by or on behalf of the Contracting Parties. This Agreement shall also apply to any identical or substantially similar taxes imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes.  This Agreement shall also apply to such other taxes as may be agreed in an exchange of letters between the Contracting Parties. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by this Agreement. Tax Information Authority Act (2021 Revision) This Agreement shall not apply to taxes imposed by states, municipalities, or other political subdivisions, or possessions of a Contracting Party. Article 4 Definitions For the purposes of this Agreement, unless otherwise defined: (a) the term \\\"Applicant Party\\\" means the Contracting Party requesting information; (b) the term \\\"Cayman Islands\\\" means the territory of the Cayman Islands and includes its territorial sea and any areas beyond its territorial sea within which sovereign rights with respect to the seabed and sub-soil and their natural resources may be exercised in accordance with international law; (c) the term \\\"Australia\\\", when used in a geographical sense, excludes all external territories other than: (i) the Territory of Norfolk Island; (ii) the Territory of Christmas Island; (iii) the Territory of Cocos (Keeling) Islands; (iv) the Territory of Ashmore and Cartier Islands; (v) the Territory of Heard Island and McDonald Islands; and (vi) the Coral Sea Islands Territory, and includes any area adjacent to the territorial limits of Australia (including the Territories specified in this subparagraph) in respect of which there is for the time being in force, consistently with international law, a law of Australia dealing with the exploration for or exploitation of any of the natural resources of the exclusive economic zone or the seabed and subsoil of the continental shelf; (d) the term \\\"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; (e) the term \\\"company\\\" means any body corporate or any entity that is treated as a body corporate for tax purposes; (f) the term \\\"competent authority\\\" means in the case of the Cayman Islands, the Tax Information Authority and, in the case of Australia, the Commissioner of Taxation or an authorised representative of the Commissioner; (g) the term \\\"Contracting Party\\\" means the Cayman Islands or Australia as the context requires; Tax Information Authority Act (2021 Revision) (h) the term \\\"criminal laws\\\" means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes; (i) the term \\\"criminal tax matters\\\" means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the Applicant Party; (j) the term \\\"information\\\" means any fact, statement or record in any form whatever; (k) the term \\\"information gathering measures\\\" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; (l) the term \\\"person\\\" includes an individual, a company and any other body of persons; (m) the term \\\"principal class of shares\\\" means the class or classes of shares representing a majority of the voting power and value of the company; (n) the term \\\"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; (o) the term \\\"recognised stock exchange\\\" means the Cayman Islands Stock Exchange, the Australian Stock Exchange and any other stock exchange agreed upon by the competent authorities of the Contracting Parties; (p) the term \\\"Requested Party\\\" means the Contracting Party requested to provide information; (q) the term \\\"Requesting Party\\\" means the Contracting Party requesting information; and (r) the term \\\"tax\\\" means any tax to which this Agreement applies. As regards the application of this Agreement at any time by a Contracting 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 Exchange of information upon request The competent authority of the Requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be provided without regard to whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party. 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 all relevant information gathering measures to provide the Applicant Party with the Tax Information Authority Act (2021 Revision) information requested, notwithstanding that the Requested Party may not need such information for its own tax purposes. If specifically requested by the competent authority of 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. Each Contracting Party shall ensure that its competent authority for the purposes specified in Article 1 of this Agreement, has 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) information regarding the ownership of companies, partnerships, trusts, foundations, \\\"Anstalten\\\" and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees, beneficiaries and protectors; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. The competent authority of the Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under this Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the Applicant Party wishes to receive the information from the Requested Party; (c) the tax purpose for which the information is sought; (d) the grounds for believing that the information requested is held in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the Applicant Party, that if the requested information was within the jurisdiction of the Applicant Party then the competent authority of the Applicant Party would be able to obtain the information under the laws of the Applicant Party or in the normal course Tax Information Authority Act (2021 Revision) of administrative practice and that the information request is in conformity with this Agreement; and (g) a statement that the Applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. The competent authority of the Requested Party shall forward the requested information as promptly as possible to the Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall: (a) confirm receipt of a request in writing to the competent authority of the Applicant Party and shall notify the competent authority of the Applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request; and (b) if the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. Article 6 Tax examinations abroad A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. At the request of the competent authority of one of the Contracting Parties, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. Tax Information Authority Act (2021 Revision) Article 7 Possibility of declining a request The Requested Party shall not be required to obtain or provide information that the Applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the Requested Party may decline to assist where the request is not made in conformity with this Agreement. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in paragraph 4 of Article 5 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice; or (b) produced for the purposes of use in existing or contemplated legal proceedings. The Requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed by the taxpayer. The Requested Party may decline a request for information if the information is requested by the Applicant Party to administer or enforce a provision of the tax law of the Applicant Party, or any requirement connected therewith, which discriminates against a national of the Requested Party as compared with a national of the Applicant Party in the same circumstances. Article 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the Requested Party. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs The incidence of costs incurred in providing assistance shall be agreed by the competent authorities of the Parties. ARTICLE 10 Implementation legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement. ARTICLE 11 Mutual agreement procedure The competent authorities of the Contracting Parties shall jointly endeavour to resolve any difficulties or doubts arising as to the interpretation or application of this Agreement. In addition to the endeavours referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually determine the procedures to be used under Articles 5 and 6. The competent authorities of the Contracting Parties may communicate with each other directly for the purposes of this Article. The Contracting Parties may also agree on other forms of dispute resolution. ARTICLE 12 Entry into force The Contracting Parties shall notify each other in writing through the appropriate channel of the completion of their constitutional and legal procedures for the entry into force of this Agreement. This Agreement shall enter into force on the date of the last notification, and shall thereupon have effect: (a) for criminal tax matters from 1 July 2010; and (b) for all other matters covered in Article 1 from 1 July 2010, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination This Agreement shall continue in effect indefinitely, but either of the Contracting Parties may give written notice of termination to the other Contracting Party through the appropriate channel. Such termination shall become effective on the first day of the month following the expiration of a period of 6 months after the date of receipt of notice of termination by the other Contracting Party. Tax Information Authority Act (2021 Revision) Notwithstanding any termination of this Agreement, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. IN WITNESS WHEREOF the undersigned, duly authorised thereto by their respective Governments, have signed this Agreement. DONE at Washington, DC, this 30th day of March 2010, in duplicate. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF AUSTRALIA: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT H.E. THE HON. KIM BEAZLEY AC AUSTRALIAN AMBASSADOR TO THE UNITED STATES Tax Information Authority Act (2021 Revision) SCHEDULE 17 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF ARUBA, FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Government of the Cayman Islands and the Kingdom of the Netherlands, in respect of Aruba, DESIRING to strengthen the relationship between them through cooperation in taxation matters, Have agreed as follows: ARTICLE 1 Scope of the Agreement 1. The competent authorities of the Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. 2. As regards the Kingdom of the Netherlands, this Agreement shall apply only to Aruba. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. The taxes which are the subject of this Agreement are taxes of every kind and description existing on the date of signature. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. Tax Information Authority Act (2021 Revision) This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cParty\u201d means the Kingdom of the Netherlands, in respect of Aruba, or the Cayman Islands as the context requires; b) the term \u201cAruba\u201d means that part of the Kingdom of the Netherlands that is situated in the Caribbean area and consisting of the Island Aruba; c) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea and areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; d) the term \u201ccompetent authority\u201d means i) in the case of Aruba, the Minister of Finance and Economic Affairs or that person\u2019s authorised representative; ii) in the case of the Cayman Islands the Tax Information Authority; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means the stock exchanges of the Netherlands, the Cayman Islands and any stock exchange agreed upon by the competent authorities of the Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; Tax Information Authority Act (2021 Revision) k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Party requesting information; m) the term \u201crequested Party\u201d means the Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 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 the applicant state prevailing over a meaning given to the term under other laws of that state. ARTICLE 5 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 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; Tax Information Authority Act (2021 Revision) b) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation and the tax period of the person concerned; b) to the extent known, the name and address of any person believed to be in possession of the requested information; c) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; d) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and, to the fullest extent possible: e) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; f) the tax purpose for which the information is sought; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. ARTICLE 6 Tax examinations abroad 1. A Party may, on request, allow representatives of the competent authority of the other Party to enter its territory to interview individuals and examine records with the written Tax Information Authority Act (2021 Revision) consent of the persons concerned. The competent authority of the applicant Party shall notify the competent authority of the requested Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Party, the competent authority of the other Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of declining a request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Party the obligation to supply information which is subject to legal privilege or would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 4. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 5. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Party concerned with the assessment or collection of, the Tax Information Authority Act (2021 Revision) enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction or used for any other purpose without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the competent authorities. ARTICLE 10 Language Requests for assistance and answers thereto shall be drawn up in English. ARTICLE 11 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The Parties shall agree on other forms of dispute resolution should this become necessary. ARTICLE 12 Entry into force This Agreement shall enter into force on the first day of the second month after the later of the dates on which each of the Parties has notified the other in writing, of the completion of its necessary internal procedures for entry into force. Upon the date of entry into force, it shall have effect: a) for criminal tax matters  on that date, but only in respect of taxable periods beginning on or after January 1st, 2004 or, where there is no taxable period, all charges to tax arising on or after January 1st, 2004; and b) for all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination Tax Information Authority Act (2021 Revision) 1. This Agreement shall remain in force until terminated by one of the Parties. Either Party may terminate the Agreement by giving notice of termination through diplomatic channel at least six months before the end of any calendar year after the expiration of a period of three years from the date of its entry into force. In such event the Agreement shall cease to have effect for taxable years and periods beginning after the end of the calendar year in which the notice of termination has been given. 2. In the event of termination, both Parties shall remain bound by the provision of Article 8 with respect to any information obtained under the Agreement. IN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective Governments, have signed this Agreement. DONE at Oranjestad, this 9th day of April 2010, and at Grand Cayman, this 20th of April 2010, in duplicate, in the English language. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE KINGDOM OF THE NETHERLANDS IN RESPECT OF ARUBA: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT MR. M.E. DE MEZA MINISTER FOR FINANCE COMMUNICATION, UTILITIES AND ENERGY OF ARUBA PROTOCOL BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF ARUBA CONCERNING THE INTERPRETATION AND APPLICATION OF THE AGREEMENT BETWEEN THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF ARUBA, AND THE GOVERNMENT OF THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Kingdom of the Netherlands, in respect of Aruba, and Government of the Cayman Islands (the \u201cParties\u201d), DESIRING to facilitate the exchange of information with respect to taxes, Have agreed as follows: I. Ad Article 5(5)(g) With respect to subparagraph g) of paragraph 5 of Article 5 of the Agreement between the Kingdom of the Netherlands, in respect of Aruba, and the Government of the Cayman Islands as authorised under the letter of entrustment dated 1 September 2009 from the United Kingdom of Great Britain and Northern Ireland for the Exchange of Information Tax Information Authority Act (2021 Revision) with Respect to Taxes (herein after referred to as \u201cthe Agreement\u201d) it is understood that the term \u201cpursued all means available in its own territory\u201d includes the requesting Party using exchange of information mechanisms it has in force with any third country in which the information is located. II. Ad Article 5 If personal data is exchanged under the Agreement, the following additional provisions shall apply: a) The receiving authority may use such data only for the stated purpose and shall be subject to the conditions prescribed by the supplying authority; such use is also permitted, subject to the written consent required under Article 8, for the prevention and prosecution of serious crimes and for the purpose of addressing serious threats to public security; b) The receiving authority shall on request inform the supplying authority about the use of the supplied data and the results achieved thereby; c) Personal data may be supplied only to the responsible agencies. Any subsequent supply to other agencies may be effected only with the prior approval of the supplying authority; d) The supplying authority shall be obliged to take all reasonable care to ensure that the data to be supplied are accurate and that they are necessary for and proportionate to the purpose for which they are supplied. Any bans on data supply prescribed under applicable domestic law shall be observed. If it emerges that inaccurate data or data which should not have been supplied have been supplied, the receiving authority shall be informed of this without delay. That authority shall be obliged to correct or erase such data without delay; e) Upon application the person concerned shall be informed of the supplied data relating to that person and of the use to which such data are to be put. There shall be no obligation to furnish this information if on balance it turns out that the public interest in withholding it outweighs the interest of the person concerned in receiving it. In all other respects, the right of the person concerned to be informed of the existing data relating to that person shall be governed by the domestic law of the Party in whose sovereign territory the application for the information is made; f) The receiving authority shall bear liability in accordance with its domestic laws in relation to any person suffering unlawful damage as a result of supply of data pursuant to this Agreement. In relation to the damaged person, the receiving authority may not plead in its defence that the damage had been caused by the supplying agency; g) If the domestic law of the supplying authority provided, with respect to the personal data supplied, for erasure within a certain period of time that authority shall inform the receiving authority accordingly. Irrespective of Tax Information Authority Act (2021 Revision) such periods, supplied personal data shall be erased once they are no longer required for the purpose for which they were supplied; h) The supplying and the receiving authority shall be obliged to keep official records of the supply and receipt of personal data; i) The supplying and the receiving authority shall be obliged to take effective measures to protect the personal data supplied against unauthorised access, unauthorised alteration and unauthorised disclosure. III. Ad article 11 In the event that a Party applies prejudicial or restrictive measures based on harmful tax practices to residents or nationals of the other Party, either Party may immediately initiate Competent Authority proceedings to resolve the matter. A prejudicial or restrictive measure based on harmful tax practices is a measure applied by one Party to residents or nationals of either Party on the basis that any one or more of the following applies: a) the other Party does not engage in effective exchange of information; b) because it lacks transparency in the operation of its laws, regulations or administrative practices; or, c) on the basis of no or nominal taxes. Without limiting the generality of the term, \\\"prejudicial or restrictive measure\\\" is not limited solely to taxation matters and includes the denial of a deduction, credit or exemption, the imposition of a tax, charge or levy, or special reporting requirements, but does not include any generally applicable measure, applied by either Party against, amongst others, members of the OECD generally. IV. In the light of the experience of operating the Agreement, or to reflect changing circumstances, either Government may wish to propose a variation in the terms of this Agreement. If so, it is understood the other Government will agree to hold timely discussions with a view to revising the terms of the Agreement. a) The competent authorities may initiate discussions in case: i)the Kingdom of the Netherlands, in respect of Aruba, enters into an agreement with another jurisdiction comparable to the Cayman Islands which provides for other forms of exchange of information; ii)the Government of the Cayman Islands enters into an agreement with another jurisdiction which provides for other forms of exchange of information; iii)the Government of the Cayman Islands introduces new legislation which enables other forms of exchange of information. b) If the Kingdom of the Netherlands, in respect of Aruba enters into arrangements with another jurisdiction comparable to the Cayman Islands for the provision of information with respect to taxes that are less burdensome in any material respect than the provisions of the Agreement, Tax Information Authority Act (2021 Revision) the Cayman Islands may initiate discussions with Aruba with a view to modifying the Agreement to have similar effect. V. This Protocol shall form an integral part of the Agreement between the Kingdom of The Netherlands, in respect of Aruba, and the Government of the Cayman Islands as authorised under the letter of entrustment dated 1 September 2009 from the United Kingdom of Great Britain and Northern Ireland for the exchange of information with respect to tax matters, and shall enter into force on the same date as the Agreement. VI. The Parties may, by mutual arrangement, amend this Protocol at any time in writing. Such amendment shall enter into force on the first day of the second month after the Parties have notified each other in writing that the constitutional or internal requirements for the entry into force of the amendment have been complied with. IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol. DONE at Oranjestad, this 9th day of April 2010, and at Grand Cayman, this 20th of April 2010, in duplicate, in the English language. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE KINGDOM OF THE NETHERLANDS IN RESPECT OF ARUBA: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT MR. M.E. DE MEZA MINISTER FOR FINANCE COMMUNICATION, UTILITIES AND ENERGY OF ARUBA Tax Information Authority Act (2021 Revision) SCHEDULE 18 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS (AS AUTHORISED BY LETTER OF ENTRUSTMENT FROM THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND) AND THE PORTUGUESE REPUBLIC CONCERNING EXCHANGE OF INFORMATION ON TAX MATTERS The Government of the Cayman Islands and the Portuguese Republic, hereinafter referred to as \u201cParties\u201d, Desiring to facilitate the Exchange of Information with respect to taxes, Have agreed as follows: ARTICLE 1 Scope of the agreement 1. The competent authorities of the Parties shall provide assistance through exchange of information upon request as set forth in this Agreement. Such information shall: a) Be foreseeably relevant to the administration and enforcement of the domestic laws of the Requesting Parties concerning taxes covered by this Agreement; b) Include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of criminal tax matters; and c) Be treated as confidential as set forth in this Agreement. 2. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed by the Parties a) In Portugal: i. Personal income tax (imposto sobre o rendimento das pessoas singulares  IRS); Tax Information Authority Act (2021 Revision) ii. Corporate income tax (imposto sobre o rendimento das pessoas colectivas  IRC); iii. Local surtax on corporate income tax (Derrama); iv. Stamp duty on gratuitous transfers (Imposto do Selo sobre as transmiss\u00f5es gratuitas); and b) In the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to existing taxes of Portugal to which this agreement applies 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) The term \u201cParty\u201d means the Cayman Islands or Portugal as the context requires; b) The term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which, in accordance with international law, the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) The term \u201cPortugal\u201d means territory of the Portuguese Republic situated in the European continent, the archipelagos of Azores and Madeira, the territorial sea and inland waters thereof as well as the continental shelf and any other area wherein the Portuguese State exercises sovereign rights or jurisdiction in accordance with the rules of international law and the laws of the Portuguese Republic; d) The term \u201ccompetent authority\u201d means: (i) In the Cayman Islands, the Tax Information Authority or a person or authority designated by it. (ii) In Portugal, the Minister of Finance, the Director General of Taxation (Director-Geral dos Impostos) or their authorized representative; e) The term \u201cperson\u201d includes an individual, a company and any other body of persons; f) The term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) The term \u201cpublicly traded company\u201d 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 Tax Information Authority Act (2021 Revision) purchased or sold \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) The term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) The term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Parties; j) The term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) The term \u201ctax\u201d means any tax to which the Agreement applies; l) The term \u201capplicant Party\u201d means the Party requesting information; m) The term \u201crequested Party\u201d means the Party requested to provide information; n) The term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Party to obtain and provide the requested information; o) The term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) The term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) The term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant Party with the Tax Information Authority Act (2021 Revision) 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 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 Party shall ensure that its competent authorities for the purposes specified in Article 1 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; and b) Information regarding the ownership of companies, partnerships, trusts, foundations, and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) The identity of the person under examination or investigation; b) A statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) The tax purpose for which the information is sought; d) Grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) To the extent known, the name and address of any person believed to be in possession of the requested information; f) A statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; Tax Information Authority Act (2021 Revision) g) A statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Party may allow representatives of the competent authority of the other Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the secondmentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Party, the competent authority of the other Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. Tax Information Authority Act (2021 Revision) 2. The provisions of this Agreement shall not impose on a Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) Produced for the purposes of seeking or providing legal advice or b) Produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality 1. All information provided and received by the competent authorities of the Parties shall be kept confidential. 2. Such information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in Article 1, and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial decisions. 3. Such information may not be used for any purpose other than for the purposes stated in Article 1 without the expressed written consent of the competent authority of the requested Party. 4. Information provided to a requesting Party under this Agreement may not be disclosed to any other jurisdiction. 5. Personal data may be transmitted to the extent necessary for carrying out the provisions of this Agreement and subject to the law of the requested Party. 6. The Parties shall ensure the protection of personal data at a level that is equivalent to that of Directive 95\/46\/EC of The European Parliament and of the Council of 24 October Tax Information Authority Act (2021 Revision) 1995 and shall comply with the guidelines established by the United Nations General Assembly Resolution 45\/95, adopted on the 14th December 1990. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Parties. ARTICLE 10 Implementation legislation The Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement. ARTICLE 11 Language Requests for assistance and answers thereto shall be drawn up in English or any other language agreed bilaterally between the competent authorities of the Parties under Article 12. ARTICLE 12 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 13 Entry into Force 1. This Agreement shall enter into force thirty days from the date on which the Parties have notified each other that their respective requirements for the entry into force of this Agreement have been fulfilled. The relevant date shall be the day on which the last notification is received. 2. Upon the date of entry into force, this Agreement shall have effect: a) For criminal tax matters on that date; and b) For all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 14 Duration and Termination 1. The present Agreement shall remain in force for an unlimited period of time. Tax Information Authority Act (2021 Revision) 2. Either Party may, at any time, terminate the present Agreement upon a prior notification in writing through diplomatic channels. 3. The present Agreement shall terminate six months after the receipt of such notification. 4. Notwithstanding the termination, the Parties shall remain bound to the provisions of Article 8 of the present Agreement. IN WITNESS WHEREOF the undersigned being duly authorised in that behalf by the respective Parties, have signed the Agreement. Done at Grand Cayman, on this 13th day of May 2010, in duplicate in the Portuguese and English languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE PORTUGUESE REPUBLIC: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT DR. S\u00c9RGIO TRIGO TAVARES VASQUES SECRETARY OF STATE FOR TAX AFFAIRS OF PORTUGAL Tax Information Authority Act (2021 Revision) SCHEDULE 19 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON ASSISTANCE IN CIVIL AND CRIMINAL TAX MATTERS THROUGH EXCHANGE OF INFORMATION The Government of the Cayman Islands and the Government of the Federal Republic of Germany Whereas the Contracting Parties wish to enhance and facilitate the terms and conditions governing the exchange of information relating to all tax matters; Whereas it is acknowledged that the Government of the Cayman Islands under the terms of its Entrustment from the United Kingdom has the right to negotiate, conclude and perform a tax information exchange agreement with the Government of the Federal Republic of Germany; Whereas the Contracting Parties have agreed that the following Agreement contains obligations on the part of the Contracting Parties only; Have agreed as follows: ARTICLE 1 Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the respective laws of the Contracting Parties concerning taxes covered by this Agreement, including information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of criminal tax matters. The rights and safeguards secured to persons by the laws or administrative practice of the requested Contracting Party remain applicable. ARTICLE 2 Jurisdiction A requested Contracting Party is not obligated to provide information which is neither held by its authorities nor in the possession of or obtainable by persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered (1) This Agreement shall apply to the following taxes of the Federal Republic of Germany: a) the income tax (Einkommensteuer), b) the corporation tax (K\u00f6rperschaftsteuer), c) the trade tax (Gewerbesteuer), d) the capital tax (Verm\u00f6gensteuer) and Tax Information Authority Act (2021 Revision) e) the inheritance tax (Erbschaftsteuer), f) the value added tax (Umsatzsteuer) g) the tax on insurance premiums (Versicherungsteuer) including the supplements levied thereon; (2) This Agreement shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the Contracting Parties so agree. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions (1) For the purposes of this Agreement, unless otherwise defined: a) \u201cFederal Republic of Germany\u201d, when used in a geographical sense, means the area in which the tax law of the Federal Republic of Germany is in force; b) \u201cCayman Islands\u201d, when used in a geographical sense, means the territory of the Cayman Islands and includes its territorial sea and any areas beyond its territorial sea within which sovereign rights with respect to the seabed and subsoil and their natural resources may be exercised in accordance with international law; c) \u201ccompetent authority\u201d means (i) in respect of the Federal Republic of Germany, the Federal Ministry of Finance or the agency to which it has delegated its power; which in respect of criminal tax matters will be the Federal Ministry of Justice or the agency to which it has delegated its power, (ii) in respect of the Cayman Islands, the Tax Information Authority or authorised representative, d) \u201cperson\u201d includes an individual, a company and any other body of persons, e) \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes, f) \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors, g) \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company, h) \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties, i) \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d means any collective investment fund or scheme, provided the units, Tax Information Authority Act (2021 Revision) 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors, j) \u201ctax\u201d means any tax to which the Agreement applies, k) \u201crequesting Contracting Party\u201d means the Contracting Party requesting information, l) \u201crequested Contracting Party\u201d means the Contracting Party requested to provide information, m) \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information, n) \u201cinformation\u201d means any fact, statement, document or record in any form whatever, o) \u201ctax matters\u201d means all tax matters including criminal tax matters, p) \u201ccriminal tax matters\u201d 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 Contracting Party, q) \u201ccriminal laws\u201d means all criminal laws designated as such under the respective law of the Contracting Parties irrespective of whether such are contained in the tax laws, the criminal code or other statutes. (2) Any term not defined in this Agreement shall, unless the context otherwise requires, have the meaning that it has at the time the request was made under the law of that Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party. ARTICLE 5 Exchange of Information (1) The competent authority of the requested Contracting Party shall provide upon request by the requesting Contracting Party information for the purposes referred to in Article 1. Such information shall be provided without regard to whether the requested Contracting Party needs such information for its own tax purposes or the conduct being investigated would constitute a crime under the laws of the requested Contracting Party if it had occurred in the territory of the requested Contracting Party. The competent authority of the requesting Contracting 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 Contracting Party is not sufficient to enable it to comply with the request for information, that Contracting Party shall use at its own discretion all applicable information gathering Tax Information Authority Act (2021 Revision) measures necessary to provide the requesting Contracting Party with the information requested, notwithstanding that the requested Contracting Party may not, at that time, need such information for its own tax purposes. (3) If specifically requested by the competent authority of the requesting Contracting Party, the competent authority of the requested Contracting Party shall provide information under this Article, to the extent allowable under its laws, in the form of depositions of witnesses and authenticated copies of original records. (4) Each Contracting Party shall ensure that its competent authorities, in accordance with the terms of this Agreement, have the authority to obtain and provide upon request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity, b) information regarding the beneficial ownership of companies, partnerships and other persons, including in the case of collective investment funds and schemes, information on shares, units and other interests; c) in the case of trusts, information on settlors, trustees, protectors and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries, provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes 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 for which the information is requested, c) the nature of the information sought and the form in which the requesting Contracting Party would prefer to receive it, d) the tax purpose for which the information is sought, e) the reasons for believing that the information requested is foreseeably relevant to the administration and enforcement of the tax law of the requesting Contracting Party, with respect to the person identified in subparagraph a) of this paragraph, f) grounds for believing that the information requested is held in the requested Contracting Party or is in the possession of or obtainable by a person within the jurisdiction of the requested Contracting Party, g) to the extent known, the name and address of any person believed to be in possession of the requested information, h) a statement that the request is in conformity with the laws and administrative practices of the requesting Contracting Party, that if the requested information was within the jurisdiction of the requesting Contracting Party then the competent authority of the requesting Contracting Party would be able to obtain Tax Information Authority Act (2021 Revision) the information under the laws of the requesting Contracting Party and that it is in conformity with this Agreement, i) a statement that the requesting Contracting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. (6) The competent authority of the requested Contracting Party shall acknowledge receipt of the request to the competent authority of the requesting Contracting Party and shall use its best endeavours to forward the requested information to the requesting Contracting Party with the least reasonable delay. ARTICLE 6 Tax Examinations Abroad (1) By reasonable notice given in advance, the requesting Contracting Party may request that the requested Contracting Party allow representatives of the competent authority of the requesting Contracting Party to enter the territory of the requested Contracting Party, to the extent permitted under its laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned. The competent authority of the requesting Contracting Party shall notify the competent authority of the requested Contracting Party of the time and place of the intended meeting with the individuals concerned. (2) At the request of the competent authority of the requesting Contracting Party, the competent authority of the requested Contracting Party may allow representatives of the competent authority of the requesting Contracting Party to be present at the appropriate part of a tax examination in the requested Contracting Party. (3) If the request referred to in paragraph 2 is acceded to, the competent authority of the requested Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Contracting Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the requested Contracting Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the requested Contracting Party conducting the examination. ARTICLE 7 Possibility of Declining a Request (1) The competent authority of the requested Contracting Party may decline to assist: (a) where the request is not made in conformity with this Agreement; (b) where the requesting Contracting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or (c) where the disclosure of the information requested would be contrary to the public policy of the requested Contracting Party. (2) This Agreement shall not impose upon a requested Contracting Party any obligation: Tax Information Authority Act (2021 Revision) (a) to provide items subject to legal privilege, or any trade, business, industrial, commercial or professional secret or trade process, provided that information described in paragraph 4 of Article 5 shall not by reason of that fact alone be treated as such a secret or trade process; or (b) to carry out administrative measures at variance with its laws and administrative practices, provided that nothing in this subparagraph shall affect the obligations of a Contracting Party under paragraph 4 of Article 5; (3) A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. (4) The requested Contracting Party shall not be required to obtain and provide information which if the requested information was within the jurisdiction of the requesting Contracting Party the competent authority of the requesting Contracting Party would not be able to obtain under its laws. (5) The requested Contracting Party may decline a request for information if the information is requested by the requesting Contracting Party to administer or enforce a provision of the tax law of the requesting Contracting Party, or any requirement connected therewith, which discriminates against a citizen of the requested Contracting Party as compared with a citizen of the requesting Contracting Party in the same circumstances. ARTICLE 8 Confidentiality (1) All information provided and received by the competent authorities of the Contracting Parties shall be kept confidential and shall be treated as confidential in the same manner as information obtained under the domestic laws of the Contracting Parties. (2) Such information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in Article 1, and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes information may be disclosed in administrative or criminal investigations, in public court proceedings or in judicial decisions, if this is provided for in the respective laws of the Contracting Parties. (3) Such information may not be used for any purpose other than for the purposes stated in Article 1 without the expressed written consent of the competent authority of the requested Contracting Party. (4) The information provided to a requesting Contracting Party under this Agreement may not be disclosed to any other jurisdiction. (5) Personal data may be transmitted to the extent necessary for carrying out the provisions of this Agreement and subject to the provisions of the law of the supplying Contracting Party. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs Incidents of costs incurred in providing assistance (including reasonable costs of third parties and external advisors in connection with litigation or otherwise) shall be agreed by the competent authorities of the Contracting Parties. ARTICLE 10 Mutual Agreement Procedure (1) Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. (2) In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 9. (3) The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. (4) The Contracting Parties shall agree on procedures for dispute resolution should this become necessary. ARTICLE 11 Protocol The attached Protocol shall be an integral part of this Agreement. ARTICLE 12 Entry into Force (1) This Agreement shall enter into force one month from the date on which the Contracting Parties have notified each other that their respective requirements for the entry into force of this Agreement have been fulfilled. The relevant date shall be the day on which the last notification is received. (2) Upon the date of entry into force, this Agreement shall have effect: a) for criminal tax matters on that date; and b) for all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination (1) Either Contracting Party may terminate the Agreement by serving a notice of termination by letter to the competent authority of the other Contracting Party. (2) Such termination shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notice of termination by the competent authority of the other Contracting Party. Tax Information Authority Act (2021 Revision) (3) If the Agreement is terminated, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. Done at Grand Cayman, this 27th day of May, 2010, in duplicate in the English and German languages, each text being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT MR. J\u00dcRGEN ENGEL THE AMBASSADOR OF THE FEDERAL REBUBLIC OF GERMANY TO KINGSTON PROTOCOL TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON ASSISTANCE IN CIVIL AND CRIMINAL TAX MATTERS THROUGH EXCHANGE OF INFORMATION The Government of the Cayman Islands and the Government of the Federal Republic of Germany (the \u201cContracting Parties\u201d) have agreed at the signing of the Agreement between the two Governments on Assistance in Civil and Criminal Tax Matters through Exchange of Information on the following provisions which shall form an integral part of the said Agreement: 1. With respect to subparagraph a) of paragraph 5 of Article 5 it is understood that the identity of the person under examination or investigation may be determined by identifying information other than the name. 2. With respect to paragraph 5 of Article 8 the Contracting Parties shall ensure the protection of personal data at a level that is equivalent to that of Directive 95\/46\/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In addition the following shall apply: a) The receiving agency may use such data in compliance with paragraph 3 of Article 8 only for the purpose stated by the supplying agency and shall be subject to the conditions prescribed by the supplying agency and that conform with Article 8. b) Notwithstanding the provisions of paragraph 3 of Article 8, the information may be used for other purposes, if under the law of both Contracting Parties it may be used for these other purposes and the competent authority of the supplying Contracting Party has agreed to this use. Use for other purposes without the prior approval of the supplying Contracting Party is permissible only if it is needed to avert in the individual case at hand an imminent threat to a person of loss of life, bodily Tax Information Authority Act (2021 Revision) harm or loss of liberty, or to protect significant assets and there is danger inherent in any delay. In such a case the competent authority of the supplying Contracting Party must be asked without delay for retroactive authorisation of the change in purpose. If authorisation is refused, the information may no longer be used for the other purpose and the receiving agency shall erase the data supplied without delay. Any damage which has been caused by use of the information for the other purpose must be compensated. c) The supplying agency shall be obliged to exercise vigilance as to the accuracy of the data to be supplied and their foreseeable relevance within the meaning of Article 1 and their proportionality to the purpose for which they are supplied. Data are foreseeably relevant if in the concrete case at hand there is the serious possibility that the other Contracting Party has a right to tax and there is nothing to indicate that the data are already known to the competent authority of the other Contracting Party or that the competent authority of the other Contracting Party would learn of the taxable object without the information. If it emerges that inaccurate data or data which should not have been supplied have been supplied, the receiving agency shall be informed of this without delay. That agency shall be obliged to correct or erase such data without delay. d) The receiving agency shall on request inform the supplying agency on a case-by-case basis for the purpose of informing the person concerned about the use of the supplied data and the results achieved thereby. e) The receiving agency shall inform the person concerned of the data collection by the supplying agency. The person concerned need not be informed if and as long as on balance it is considered that the public interest in not informing the person concerned outweighs that person\u2019s right to be informed. f) Upon application the person concerned shall be informed of the supplied data relating to that person and of the use to which such data are to be put. The second sentence of paragraph e) shall apply accordingly. g) The receiving agency shall bear liability in accordance with the law applicable to it in relation to any person suffering unlawful damage in connection with the supply of data under the exchange of data pursuant to this Agreement. In relation to the damaged person, the receiving agency may not plead to its discharge that the damage had been caused by the supplying agency. h) The supplying and the receiving agencies shall be obliged to keep official records of the supply and receipt of personal data. i) Where the law applicable to the supplying agency contains special provisions for the deletion of the personal data supplied, that agency shall inform the receiving agency accordingly. In any case, supplied personal Tax Information Authority Act (2021 Revision) data shall be erased once they are no longer required for the purpose for which they were supplied. j) The supplying and the receiving agencies shall be obliged to take effective measures to protect the personal data supplied against unauthorised access, unauthorised alteration and unauthorised disclosure. 3. Pursuant to Article 9 of the Agreement it is mutually decided that ordinary costs that are incurred for the purpose of responding to a request for information will be borne by the requested Contracting Party. Such ordinary costs will normally cover internal administration costs of the competent authority and any minor external costs such as the cost of couriers. All reasonable costs incurred by third parties in complying with the request for exchange of information are considered extraordinary costs and will be borne by the applicant Contracting Party. Examples of extraordinary costs include, but are not limited to, the following: a) reasonable fees charged for staff employed by third parties in assisting with the request; b) reasonable fees charged by third parties for carrying out research; c) reasonable fees charged by third parties for copying documents; d) reasonable costs of engaging experts, interpreters, or translators; e) reasonable costs of conveying documents to the applicant Contracting Party; f) reasonable litigation costs of the requested Contracting Party in relation to a specific request for information; g) reasonable costs for obtaining depositions or testimony; and h) reasonable fees and expenses, determined in accordance with amounts allowed under applicable law, on the person who voluntarily appears for an interview, deposition or testimony relating to a particular information request. The competent authorities will consult each other in any particular case where extraordinary costs are likely to exceed US$500 to determine whether the applicant Contracting Party will continue to pursue the request and bear the cost. 4. Formal communications, including requests for information, made in connection with or pursuant to the provisions of the Agreement entered into will be in writing directly to the competent authority of the other Contracting Party at the addresses given below, or such other address as may be notified by one Contracting Party to the other from time to time. Any subsequent communications regarding requests for information will be either in writing or verbally, whichever is most practical, between the earlier-mentioned competent authorities or their authorised entities. a) Competent authority for the Federal Republic of Germany: Bundeszentralamt f\u00fcr Steuern 53221 Bonn In respect of criminal tax matters: Tax Information Authority Act (2021 Revision) Bundesamt f\u00fcr Justiz 53094 Bonn b) Competent authority for the Cayman Islands: Tax Information Authority Elizabethan Square (3rd Floor, Phase III) 80 Shedden Road, George Town P O Box 10080 Grand Cayman, KY1-1001 Cayman Islands In respect of criminal tax matters: The above-mentioned competent authority. Tax Information Authority Act (2021 Revision) SCHEDULE 20 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS UNDER ENTRUSTMENT FROM THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF CANADA FOR THE EXCHANGE OF INFORMATION ON TAX MATTERS WHEREAS the Government of the United Kingdom has issued a letter of entrustment to the Government of the Cayman Islands (hereinafter \\\"Cayman Islands\\\") to negotiate, and conclude an agreement for the exchange of information on tax matters with the Government of Canada (hereinafter \u201cCanada\u201d): THE GOVERNMENT OF THE CAYMAN ISLANDS and THE GOVERNMENT OF CANADA, desiring to facilitate the exchange of information with respect to taxes, have agreed as follows: ARTICLE 1 Object and Scope of this Agreement 1. The competent authorities of the Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. 2. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered The taxes which are the subject of this Agreement are, in the case of Canada, all taxes on income and on capital imposed or administered by the Government of Canada, and in the case of the Cayman Islands, all taxes on income and on capital imposed or administered by the Cayman Islands, including any taxes on income and on capital imposed or administered after the date of signature of this Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: (a) the term \u201cParty\u201d means the Cayman Islands or Canada as the context requires; (b) the term \u201ccompetent authority\u201d means: (i) in the case of Canada, the Minister of National Revenue or the Minister\u2019s authorised representative; (ii) in the case of the Cayman Islands, the Tax Information Authority or its authorised representative; (c) the term \u201cperson\u201d includes an individual, a company, a partnership and any other body of persons; (d) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; (e) the term \u201cpublicly traded company\u201d means any company whose principal class of shares is listed on a recognised stock exchange provided that its listed shares can be readily purchased and sold by the public. Shares can be purchased or sold \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; (f) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; (g) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Parties; (h) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased and sold, or readily purchased and redeemed, by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; (i) the term \u201ctax\u201d means any tax to which this Agreement applies; (j) the term \u201capplicant Party\u201d means the Party requesting information; (k) the term \u201crequested Party\u201d means the Party requested to provide information; (l) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Party to obtain and provide the requested information; and (m) the term \u201cinformation\u201d means any fact, statement or record in any form whatever. Tax Information Authority Act (2021 Revision) 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 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 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. 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 all relevant information gathering measures to provide the applicant 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 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 Party shall ensure that its competent authority for the purposes specified in Article 1 of this Agreement, has 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) information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201d and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. This Agreement does not create an obligation on the Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under this Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; Tax Information Authority Act (2021 Revision) (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought: (d) grounds for believing that the information requested is held in the territory of the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; and (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall immediately confirm receipt of a request in writing to the competent authority of the applicant Party and shall: (a) notify the competent authority of the applicant Party, within 60 days of receiving the request, of any deficiencies in the request; (b) notify the competent authority of the applicant Party, within 90 days of receiving the request, of the intention to refuse the request or of any obstacle preventing the requested Party from fulfilling the request; (c) inform the competent authority of the applicant Party of the grounds for the refusal of the request or the nature of the obstacles to processing the request; (d) provide the requested information within 90 days of receiving the request or, in the event that there is an obstacle to fulfilling the request, advise the competent authority of the applicant Party of the estimated additional time required to fulfill the request. ARTICLE 6 Tax Examinations Abroad 1. A Party may allow representatives of the competent authority of the other Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the secondmentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. Tax Information Authority Act (2021 Revision) 2. At the request of the competent authority of one Party, the competent authority of the other Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the territory of the secondmentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are produced for the purposes of: (a) seeking or providing legal advice, or (b) use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. Tax Information Authority Act (2021 Revision) ARTICLE 8 Confidentiality Any information received by a Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, taxes in that jurisdiction. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not otherwise be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the competent authorities of the Parties. ARTICLE 10 Implementation Legislation The Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement. ARTICLE 11 Other International Agreements or Arrangements The possibilities of assistance provided by this Agreement do not limit, nor are they limited by, those contained in existing international agreements or other arrangements between the Parties which relate to co-operation in tax matters. ARTICLE 12 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The Parties may also agree on other forms of dispute resolution. ARTICLE 13 Entry into Force 1. This Agreement is subject to ratification, acceptance or approval by the Parties, in accordance with their respective laws. Notification in writing of the completion of each Tax Information Authority Act (2021 Revision) Party\u2019s necessary internal procedures for entry into force shall be exchanged as soon as possible. 2. This Agreement shall enter into force on the date of the later of the notifications under paragraph 1. Upon entry into force, it shall have effect: (a) for tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the Applicant Party (irrespective of whether contained in the tax laws, the criminal code or other statutes), on that date, but only in respect of taxable periods beginning on or after January 1, 2004 or, where there is no taxable period, for all charges to tax arising on or after January 1, 2004, and (b) for all other matters covered in Article 1, on that date, but only in respect of taxable periods beginning on or after that date, or where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 14 Termination 1. A Party may terminate this Agreement by serving a notice of termination through diplomatic channels to the other Party. 2. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of the notice of termination. 3. Where a Party terminates this Agreement, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. IN WITNESS WHEREOF, the undersigned being duly authorised thereto, have signed this Agreement. SIGNED in duplicate at Grand Cayman this 24 day of June 2010, in the English and French languages, each version being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF CANADA: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT MR. STEPHEN HALLIHAN HIGH COMMISSIONER FOR CANADA TO JAMAICA PROTOCOL At the time of signing of this Agreement between the Government of Canada and the Government of the Cayman Islands under Entrustment from the Government of the United Kingdom of Great Britain and Northern Ireland for the Exchange of Information on Tax Matters, the undersigned have agreed upon the following provisions which shall be an integral part of this Agreement. 1. With reference to paragraph 2(a) of Article 13, if at the time of the submission of a request by a Party, or at any time thereafter, the competent authority of the applicant Party Tax Information Authority Act (2021 Revision) is of the view that it is necessary to request supplemental information which predates January 1, 2004 which is related to its primary request and is relevant to a criminal tax matter to which this Agreement refers, the requested party shall grant such a request. 2. Before making a supplemental request for information referred to in paragraph 1 above the competent authority of the applicant Party shall consult with the competent authority of the requested Party on the likely availability of the supplemental information. IN WITNESS WHEREOF, the undersigned being duly authorised thereto, have signed this Protocol. SIGNED in duplicate at Grand Cayman this 24 day of June 2010, in the English and French languages, each version being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF CANADA: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT MR. STEPHEN HALLIHAN HIGH COMMISSIONER FOR CANADA TO JAMAICA Tax Information Authority Act (2021 Revision) SCHEDULE 21 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS WITH THE AUTHORISATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED MEXICAN STATES ON EXCHANGE OF INFORMATION ON TAX MATTERS The Government of the Cayman Islands and the Government of the United Mexican States, desiring to conclude an Agreement on exchange of information on tax matters, have agreed as follows: ARTICLE 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. This Agreement shall apply to the following taxes: a) in the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to existing taxes of Mexico to which this agreement applies. b) in Mexico: (i) income tax; (ii) business flat rate tax; and (iii) value added tax. 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes.  The Agreement shall also apply to other taxes as may be agreed in an Tax Information Authority Act (2021 Revision) exchange of letters between the Contracting Parties. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means the Cayman Islands or Mexico as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Mexico\\\" means the United Mexican States, when used in a geographical sense it includes the territory of the United Mexican States, as well as the integrated parts of the Federation, the islands, including the reefs and cays in the adjacent waters, the islands of Guadalupe and Revillagigedo, the continental shelf and the seabed and sub-soil of the islands, cays and reefs, the waters of the territorial seas and the inland waters and beyond them the areas over which, in accordance with international law, Mexico may exercise its sovereign rights of exploration and exploitation of the natural resources of the seabed, sub-soil and the suprajacent waters, and the air space of the national territory to the extent and under conditions established by international law; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Mexico, the Ministry of Finance and Public Credit; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; Tax Information Authority Act (2021 Revision) j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 an applicant Party, the competent authority of the requested Party shall provide information under this Article, to Tax Information Authority Act (2021 Revision) 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 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) information regarding the ownership of companies, partnerships, trusts, foundations, and other persons, including, within the constraints of Article 2, ownership information on all such persons; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries, in all such cases ownership information on all such persons in an ownership chain. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. Tax Information Authority Act (2021 Revision) 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within sixty (60) days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within ninety (90) days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, Tax Information Authority Act (2021 Revision) information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice; or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of ordinary costs incurred in providing assistance shall be agreed by the Contracting Parties, and direct extraordinary costs incurred in providing assistance shall be borne by the requesting Party. ARTICLE 10 Mutual Agreement Procedure Tax Information Authority Act (2021 Revision) 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Interpretation The competent authorities may take into consideration the commentaries pertaining to the 2002 Agreement on Exchange of Information on Tax Matters of the Organization for Economic Cooperation and Development (OECD Model Agreement) when interpreting provisions of this Agreement that are identical to the provisions in that OECD Model Agreement. ARTICLE 12 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after that date or, where there is no taxable period, for all charges to tax arising on or after that date; b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 13 Termination 1. This Agreement shall remain in force until terminated by a Contracting Party. Either Contracting Party may after one (1) year from the date of its entry into force terminate the Agreement by giving written notice of termination to the other Contracting Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six (6) months after the date of receipt of notice of termination by the other Contracting Party. 2. In the event of termination, both Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. Tax Information Authority Act (2021 Revision) In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done in Grand Cayman on this 28th day of August of two thousand and ten and in Mexico City on this 17 day of August of two thousand and ten, in duplicate in the Spanish and English languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS WITH THE AUTHORISATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND: FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES: HON. W. MCKEEVA BUSH OBE, JP PREMIER AND MINISTER FOR FINANCE, TOURISM & DEVELOPMENT MR. ERNESTO JAVIER CORDERO ARROYO MINISTER OF FINANCE AND PUBLIC CREDIT FOR MEXICO\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 22 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF JAPAN FOR THE EXCHANGE OF INFORMATION FOR THE PURPOSE OF THE PREVENTION OF FISCAL EVASION AND THE ALLOCATION OF RIGHTS OF TAXATION WITH RESPECT TO INCOME OF INDIVIDUALS The Government of the Cayman Islands and the Government of Japan, the Government of the Cayman Islands having been duly authorised by the Government of the United Kingdom of Great Britain and Northern Ireland, Desiring to conclude an Agreement for the exchange of information for the purpose of the prevention of fiscal evasion and the allocation of rights of taxation with respect to income of individuals, Have agreed as follows: Chapter 1 GENERAL PROVISIONS ARTICLE 1 GENERAL DEFINITIONS 1. For the purposes of this Agreement, unless the context otherwise requires: (a) the term \u201cJapan\u201d, when used in a geographical sense, means all the territory of Japan, including its territorial sea, in which the laws relating to Japanese tax are in force, and all the area beyond its territorial sea, including the seabed and subsoil thereof, over which Japan has sovereign rights in accordance with international law and in which the laws relating to Japanese tax are in force; (b) the term \u201cthe Cayman Islands\u201d, when used in a geographical sense, means the Islands of Grand Cayman, Cayman Brac and Little Cayman, and all the area around them, over which the Cayman Islands may exercise its jurisdiction in accordance with its laws and regulations and international law; (c) the term \u201cContracting Party\u201d means the Cayman Islands or Japan as the context requires; (d) the term \u201ccompetent authority\u201d means: (i) in the case of Japan, the Minister of Finance or that person\u2019s authorised representative; and (ii) in the case of the Cayman Islands, the Tax Information Authority or an individual or authority designated by it; Tax Information Authority Act (2021 Revision) (e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; (f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; (g) the term \u201cnational\u201d means: (i) in the case of Japan, any individual possessing the nationality of Japan, any juridical person created or organised under the laws of Japan and any organisation without juridical personality treated for the purposes of Japanese tax as a juridical person created or organised under the laws of Japan; and (ii) in the case of the Cayman Islands, any individual who possesses Caymanian status or who is a British Overseas Territory Citizen by virtue of a connection with the Cayman Islands and any company, partnership, trust, estate, association or any other entity deriving its status as such from the laws in force in the Cayman Islands; (h) the term \u201cpublicly traded company\u201d 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 readily purchased or sold \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; (i) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of a company; (j) the term \u201crecognised stock exchange\u201d means: (i) any stock exchange established by a Financial Instruments Exchange or an approved-type financial instruments firms association under the Financial Instruments and Exchange Law [Law No. 25 of 1948] of Japan; (ii) the Cayman Islands Stock Exchange; and (iii) any other stock exchange agreed upon by the competent authorities of the Contracting Parties; (k) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; (l) the term \u201cApplicant Party\u201d means the Contracting Party requesting information; (m) the term \u201cRequested Party\u201d means the Contracting Party requested to provide information; Tax Information Authority Act (2021 Revision) (n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the information requested; and (o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever. 2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the laws of that Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party. Chapter 2 EXCHANGE OF INFORMATION ARTICLE 2 OBJECT AND SCOPE The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant for the carrying out of this Agreement or to the administration and enforcement of the laws of the Contracting Parties concerning taxes referred to in Article 4. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the Agreement and shall be treated as confidential in the manner provided in Article 8. Where the Requested Party obtains and provides information under the Agreement, the procedural rights and safeguards secured to persons by the laws or administrative practices of the Requested Party remain applicable, to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 3 JURISDICTION The Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 4 TAXES COVERED 1. This Chapter shall apply to the existing taxes of every kind and description imposed on behalf of a Contracting Party. 2. This Chapter shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes referred to in paragraph 1. The competent authorities of the Contracting Parties shall notify each other of any significant changes that have been made in their respective tax laws. Tax Information Authority Act (2021 Revision) ARTICLE 5 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 2. Such information shall be provided without regard to whether the conduct under examination would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party. 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 to provide the Applicant 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 Applicant Party, the competent authority of the Requested Party shall provide information under this Article, to the extent allowable under its laws, in the form of authenticated copies of original records. 4. Each Contracting Party shall ensure that its competent authority for the purposes specified in Article 2, has 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; and (b) information regarding the ownership of companies, partnerships, trusts, foundations and other persons, including, within the constraints of Article 3, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under this Agreement to demonstrate the foreseeable relevance of the information sought to the request: (a) the identity of the person under examination; (b) a statement of the information requested including its nature and the form in which the Applicant Party wishes to receive the information from the Requested Party; (c) the tax purposes for which the information requested is sought; Tax Information Authority Act (2021 Revision) (d) grounds for believing that the information requested is held by the Requested Party or is in the possession or control of a person who is within the territorial jurisdiction of the Requested Party; (e) to the extent known, the name and address of any person believed to be in possession or control of the information requested; (f) a statement that the request is in conformity with the laws and administrative practices of the Applicant Party, that the Applicant Party would be able to obtain the information under the laws or in the normal course of administrative practices of the Applicant Party in similar circumstances and that the request is in conformity with the Agreement; and (g) a statement that the Applicant Party has pursued all means available within its territorial jurisdiction to obtain the information requested, except those that would give rise to disproportionate difficulties. 6. The competent authority of the Requested Party shall forward the information requested as promptly as possible to the Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall: (a) confirm receipt of a request in writing to the competent authority of the Applicant Party and shall notify the competent authority of the Applicant Party of deficiencies in the request, if any, within sixty days of the receipt of the request; and (b) if the competent authority of the Requested Party has been unable to obtain and provide the information within ninety days of the receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, immediately inform the Applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. Article 6 TAX EXAMINATIONS ABROAD 1. At the request of the competent authority of the Applicant Party, the competent authority of the Requested Party may allow representatives of the competent authority of the Applicant Party to be present at the appropriate part of a tax examination in the Requested Party. 2. If the request referred to in paragraph 1 is acceded to, the competent authority of the Requested Party conducting the examination shall, as soon as possible, notify the competent authority of the Applicant Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the Requested Party for the conduct of the examination. All decisions with respect to the conduct of the examination shall be made by the Requested Party conducting the examination. Tax Information Authority Act (2021 Revision) ARTICLE 7 POSSIBILITY OF DECLINING A REQUEST 1. The Requested Party shall not be required to obtain or provide information that the Applicant Party would not be able to obtain under the laws or in the normal course of administrative practices of the Applicant Party in similar circumstances. The competent authority of the Requested Party may decline to assist where the request of the Applicant Party is not made in conformity with this Agreement. 2. This Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Such information includes information relating to communications between attorneys, solicitors or other admitted legal representatives in their role as such and their clients to the extent that the communications are protected from disclosure under the laws of each Contracting Party. Notwithstanding the foregoing sentences, information of the type referred to in paragraph 4 of Article 5 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The Requested Party may decline a request for information if the disclosure of the information requested would be contrary to public policy (ordre public) of the Requested Party. 4. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 5. The Requested Party may decline a request for information if the information is requested by the Applicant Party to administer or enforce any provision of the tax laws of the Applicant Party, or any requirement connected therewith, which discriminates against a national of the Requested Party as compared with a national of the Applicant Party in the same circumstances. ARTICLE 8 CONFIDENTIALITY Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by the Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or authority, including those in non-Contracting Parties, without the express written consent of the Requested Party. ARTICLE 9 COSTS Tax Information Authority Act (2021 Revision) Incidence of costs incurred in providing assistance shall be agreed by the competent authorities of the Contracting Parties. Chapter 3 ALLOCATION OF RIGHTS OF TAXATION ARTICLE 10 PERSONS COVERED This Chapter shall apply to individuals who are residents of one or both of the Contracting Parties. ARTICLE 11 TAXES COVERED 1. This Chapter shall apply to taxes on income of individuals imposed on behalf of a Contracting Party, irrespective of the manner in which they are levied. 2. In the case of Japan, the existing tax to which this Chapter shall apply is the income tax. 3. This Chapter shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of this Agreement in addition to, or in place of, the existing tax referred to in paragraph 2. 4. The competent authorities of the Contracting Parties shall notify each other of any significant changes that have been made in their respective tax laws. ARTICLE 12 RESIDENT 1. For the purposes of this Chapter, the term \u201cresident of a Contracting Party\u201d means: (a) in the case of Japan, any individual who, under the laws of Japan, is liable to tax therein by reason of that person\u2019s domicile, residence or any other criterion of a similar nature except any individual who is liable to tax in Japan in respect only of income from sources in Japan; and (b) in the case of the Cayman Islands, any individual who, under the laws of the Cayman Islands, has a legal and ordinary residence in the Cayman Islands. 2. Where by reason of paragraph 1 an individual is a resident of both Contracting Parties, then that individual\u2019s status shall be determined as follows: (a) the individual shall be deemed to be a resident only of the Contracting Party in which the individual has a permanent home available to themselves; if the individual has a permanent home available to themselves in both Contracting Parties, the individual shall be deemed to Tax Information Authority Act (2021 Revision) be a resident only of the Contracting Party with which the individual\u2019s personal and economic relations are closer (centre of vital interests); (b) if the Contracting Party in which the individual has that person\u2019s centre of vital interests cannot be determined, or if the individual has not a permanent home available to themselves in either Contracting Party, the individual shall be deemed to be a resident only of the Contracting Party in which the individual has an habitual abode; (c) if the individual has an habitual abode in both Contracting Parties or in neither of them, the competent authorities of the Contracting Parties shall settle the question by mutual agreement. ARTICLE 13 PENSIONS Subject to paragraph 2 of Article 14, pensions and other similar remuneration beneficially owned by a resident of a Contracting Party shall be taxable only in that Contracting Party. ARTICLE 14 GOVERNMENT SERVICE 1. Salaries, wages and other similar remuneration paid by a Contracting Party or a political subdivision or local authority thereof to an individual in respect of services rendered to that Contracting Party or political subdivision or local authority, in the discharge of functions of a governmental nature, shall be taxable only in that Contracting Party. However, such salaries, wages and other similar remuneration shall be taxable only in the other Contracting Party if the services are rendered in that other Contracting Party and the individual is a resident of that other Contracting Party who did not become a resident of that other Contracting Party solely for the purpose of rendering the services. 2. Notwithstanding paragraph 1, pensions and other similar remuneration paid by, or out of funds to which contributions are made or created by, a Contracting Party or a political subdivision or local authority thereof to an individual in respect of services rendered to that Contracting Party or political subdivision or local authority shall be taxable only in that Contracting Party. 3. Paragraphs 1 and 2 shall not apply to salaries, wages, pensions, and other similar remuneration in respect of services rendered in connection with a business carried on by a Contracting Party or a political subdivision or local authority thereof. ARTICLE 15 STUDENTS Payments which a student or business apprentice who is or was immediately before visiting a Contracting Party a resident of the other Contracting Party and who is present in the firstmentioned Contracting Party solely for the purpose of that person\u2019s education or training receives for the purpose of that person\u2019s maintenance, education or training shall not be taxed in the first-mentioned Contracting Party, provided that such payments arise from sources outside the first-mentioned Contracting Party. The exemption provided by this Tax Information Authority Act (2021 Revision) Article shall apply to a business apprentice only for a period not exceeding one year from the date on which that person first begins that person\u2019s training in the first-mentioned Contracting Party. Chapter 4 SPECIAL PROVISIONS ARTICLE 16 MUTUAL AGREEMENT PROCEDURES 1. Where a person considers that the actions of one or both of the Contracting Parties result or will result for that person in taxation not in accordance with Chapter 3, that person may, irrespective of the remedies provided by the laws of those Contracting Parties, present that person\u2019s case to the competent authority of the Contracting Party of which that person is a resident. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with that Chapter. 2. The competent authority of a Contracting Party shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting Party, with a view to the avoidance of taxation which is not in accordance with Chapter 3. Any agreement reached shall be implemented notwithstanding any time limits in the laws of the Contracting Parties. 3. The competent authorities of the Contracting Parties shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this Agreement. 4. The competent authorities of the Contracting Parties may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs of this Article. Chapter 5 FINAL PROVISIONS ARTICLE 17 HEADINGS The headings of the Chapters and the Articles of this Agreement are inserted for convenience of reference only and shall not affect the interpretation of the Agreement. Article 18 ENTRY INTO FORCE 1. The Governments of the Contracting Parties shall notify each other, in writing, of the completion of their respective internal procedures necessary for the entry into force of this Agreement. The Agreement shall enter into force on the thirtieth day after the latter of the dates of receipt of the notifications. Tax Information Authority Act (2021 Revision) 2. This Agreement shall be applicable for taxes levied on or after the date on which the Agreement enters into force. 3. Notwithstanding paragraph 2, Chapter 3 shall be applicable: (a) with respect to taxes withheld at source, for amounts taxable on or after 1 January in the calendar year next following that in which this Agreement enters into force; and (b) with respect to taxes on income which are not withheld at source, as regards income for any taxable year beginning on or after 1 January in the calendar year next following that in which this Agreement enters into force. ARTICLE 19 TERMINATION This Agreement shall remain in force until terminated by a Contracting Party. Either Contracting Party may terminate the Agreement by giving written notice of termination at least six months before the end of any calendar year beginning after the expiry of five years from the date of entry into force of the Agreement. In such event, the Agreement shall cease to have effect: (a) with respect to taxes withheld at source, for amounts taxable on or after 1 January in the calendar year next following that in which the notice is given; (b) with respect to taxes on income which are not withheld at source, as regards income for any taxable year beginning on or after 1 January in the calendar year next following that in which the notice is given; and (c) with respect to other taxes, as regards taxes levied on or after 1 January in the calendar year next following that in which the notice is given. IN WITNESS WHEREOF the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. DONE in duplicate at London this seventh day of February, 2011, in the English and Japanese languages, each text being equally authentic. For the Government of the Cayman Islands: For the Government of Japan: HON. W. MCKEEVA BUSH OBE, JP MR. HITOSHI NODA Tax Information Authority Act (2021 Revision) SCHEDULE 23 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF INDIA FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Government of the Cayman Islands and the Government of the Republic of India, desiring to facilitate the exchange of information with respect to taxes have agreed as follows: ARTICLE 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction Information shall be exchanged in accordance with this Agreement without regard to whether the person to whom the information relates is, or whether the information is held by, a resident of a Contracting Party. However, a Requested Party is not obliged to provide information which is neither held by its authorities nor is in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. The taxes which are the subject of this Agreement are taxes of every kind and description imposed on behalf of a Contracting Party. 2. This Agreement shall also apply to any identical or substantially similar taxes imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures which may affect the obligations of that Party pursuant to this Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: (a) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and includes its territorial sea and any areas beyond its territorial sea within which sovereign rights may be exercised in accordance with international law including the UN Convention on the Law of the Sea; (b) the term \\\"India\\\" means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the UN Convention on the Law of the Sea; (c) the term \\\"Contracting Party\\\" means the Cayman Islands or India as the context requires; (d) the term \\\"competent authority\\\" means: i)in the case of the Cayman Islands, the Tax Information Authority or its authorised representative; ii)in the case of India, the Finance Minister, Government of India, or its authorised representative; (e) the term \\\"person\\\" includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting Parties; (f) the term \\\"company\\\" means any body corporate or any entity that is treated as a body corporate for tax purposes; (g) the term \\\"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; (h) the term \\\"principal class of shares\\\" means the class or classes of shares representing a majority of the voting power and value of the company; (i) the term \\\"recognised stock exchange\\\" means: i)in the Cayman Islands, the Cayman Islands Stock Exchange; ii)in India, the National Stock Exchange, the Bombay Stock Exchange, and any other stock exchange recognised by the Securities and Exchange Board of India; and iii)any other stock exchange which the competent authorities agree to recognise for the purposes of this Agreement. (j) the term \\\"collective investment fund or scheme\\\" means any pooled investment vehicle, irrespective of legal form; (k) the term \\\"public collective investment fund or scheme\\\" means any collective investment fund or scheme provided the units, shares or other Tax Information Authority Act (2021 Revision) 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; (l) the term \\\"tax\\\" means any tax to which this Agreement applies; (m) the term \\\"Requesting Party\\\" means the Contracting Party submitting a request for information to, or having received information from, the Requested Party. (n) the term \\\"Requested Party\\\" means the Contracting Party which is requested to provide information, or which has provided information; (o) the term \u201cinformation gathering measures\\\" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; (p) the term \\\"information\\\" means any fact, statement, document or record in whatever form. 2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a common meaning pursuant to the provisions of Article 10 of this Agreement, 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 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 whether the conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct occurred in the Requested Party. 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 all relevant information gathering measures 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 authority, for the purposes of this Agreement, has the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) (a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; (b) information regarding the legal and beneficial ownership of companies, partnerships, collective investment funds or schemes, trusts, foundations, \\\"Anstalten\\\" and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of collective investment funds or schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees and beneficiaries; in the case of foundations, information on founders, members of the foundation council and beneficiaries; and equivalent information in case of entities that are neither trusts nor foundations. 5. This Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 6. The competent authority of the Requesting Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) the period for 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 tax purpose for which the information is sought; (e) grounds for believing that the information requested is present in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party; (f) to the extent known, the name and address of any person believed to be in possession or control of the requested information; (g) a statement that the request is in conformity with the laws and administrative practices of the Requesting Party, that if the requested information was within the jurisdiction of the Requesting Party then the competent authority of the Requesting Party would be able to obtain the information under the laws of the Requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (h) a statement that the Requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. Tax Information Authority Act (2021 Revision) 7. The competent authority of the Requested Party shall forward the requested information as promptly as possible to the Requesting Party.  To ensure a prompt response, the competent authority of the Requested Party shall: (a) confirm receipt of a request in writing to the competent authority of the Requesting Party and shall notify the competent authority of the Requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request; and (b) if the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. At the request of the competent authority of the Requesting Party, the Requested Party may allow representatives of the competent authority of the Requesting Party to enter the territory of the Requested Party, to the extent permitted under its domestic laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned.  The competent authority of the Requesting Party shall notify the competent authority of the Requested Party of the time and place of the intended meeting with the individuals concerned. 2. At the request of the competent authority of the Requesting Party, the Requested Party may allow representatives of the competent authority of the Requesting Party to be present at the appropriate part of a tax examination in the Requested Party, in which case the competent authority of the Requested Party conducting the examination shall, as soon as possible, notify the competent authority of the Requesting Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the Requested Party for the conduct of the examination.  All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request for Information 1. The competent authority of the Requested Party may decline to assist: (a) where the request is not made in conformity with this Agreement; (b) where the Requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or (c) where disclosure of the information would be contrary to public policy (ordre public) of the Requested Party. Tax Information Authority Act (2021 Revision) 2. This Agreement shall not impose on a Contracting Party the obligation: (a) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information described in paragraph 4 of Article 5 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph; (b) to obtain or provide information which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: i)produced for the purposes of seeking or providing legal advice; or ii)produced for the purposes of use in existing or contemplated legal proceedings. (c) to carry out administrative measures at variance with its laws and administrative practices, provided nothing in this subparagraph shall affect the obligations of a Contracting Party under paragraph 4 of Article 5. 3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 4. The Requested Party shall not be required to obtain and provide information which the Requesting Party would be unable to obtain in similar circumstances under its own laws for the purpose of the administration or enforcement of its own tax laws or in response to a valid request from the Requested Party under this Agreement. 5. The Requested Party may decline a request for information if the information is requested by the Requesting Party to administer or enforce a provision of the tax law of the Requesting Party, or any requirement connected therewith, which discriminates against a national of the Requested Party as compared with a national of the Requesting Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction (including foreign governments) without the express written consent of the competent authority of the Requested Party. Tax Information Authority Act (2021 Revision) ARTICLE 9 Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement. Such legislation shall be enacted within six months of entry into force of this Agreement. ARTICLE 10 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. In addition, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 11 of this Agreement. 2. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Costs 1. Unless the competent authorities of the Contracting Parties otherwise agree, ordinary costs incurred in providing assistance shall be borne by the Requested Party, and, subject to the provisions of this Article, extraordinary costs incurred in providing assistance shall, if they exceed 500 British Pounds, be borne by the Requesting Party. 2. The competent authorities will consult each other, in advance, in any particular case where extraordinary costs are likely to exceed 500 British Pounds to determine whether the Requesting Party will continue to pursue the request and bear the cost. 3. The competent authorities shall consult from time to time with regard to this Article. 4. Ordinary costs include internal administration costs, any minor external costs and overhead expenses incurred by the Requested Party in reviewing and responding to information requests submitted by the Requested Party. Examples of extraordinary costs incurred in providing assistance include, but are not limited to the following: (a) reasonable fees charged by third parties for copying documents on behalf of the Requested Party; (b) reasonable costs of engaging interpreters, translators or other agreed experts; (c) reasonable costs of conveying documents to the Requesting Party; (d) reasonable litigation costs of the Requested Party in relation to a specific request for information; and (e) reasonable costs for obtaining depositions or testimony. ARTICLE 12 Entry into Force Tax Information Authority Act (2021 Revision) 1. The Contracting Parties shall notify each other in writing of the completion of the procedures required by the respective laws for the entry into force of this Agreement. 2. This Agreement shall enter into force on the date of the later of the notifications referred to in paragraph 1 of this Article and shall thereupon have effect forthwith. ARTICLE 13 Termination 1. This Agreement shall remain in force until terminated by either Contracting Party. 2. Either Contracting Party may, after the expiry of five years from the date of its entry into force, terminate the Agreement by serving a written notice of termination to the other Contracting Party through appropriate channel. 3. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party. All requests received up to the effective date of termination shall be dealt with in accordance with the provisions of the Agreement. In witness whereof, the undersigned being duly authorised thereto, have signed this Agreement. DONE in duplicate at Grand Cayman this 21st day of March 2011, each in the English and Hindi languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail. For the Government of the Cayman Islands: For the Government of the Republic of India: HON. W. MCKEEVA BUSH OBE, JP HIS EXCELLENCY MOHINDER S. GROVER Tax Information Authority Act (2021 Revision) SCHEDULE 24 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS PREAMBLE WHEREAS the Government of the Republic of South Africa and the Government of the Cayman Islands (\u201cthe Parties\u201d) have long been active in international efforts in the fight against financial and other crimes, including the targeting of terrorist financing; WHEREAS the Parties wish to enhance and facilitate the terms and conditions governing the exchange of information relating to taxes; DESIRING THEREFORE the Parties in concluding the following Agreement which contains obligations on the part of the Parties only: HAVE AGREED AS FOLLOWS: ARTICLE 1 Scope of the Agreement The Parties through their competent authorities shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning the taxes covered by this Agreement, including information that is foreseeably relevant to the determination, assessment, enforcement or collection of tax with respect to persons subject to such taxes, or to the investigation of tax matters or the prosecution of criminal tax matters in relation to such persons. A requested Party is not obliged to provide information which is neither held by its authorities nor in the possession of or obtainable by persons who are within its territorial jurisdiction. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable. The requested Party shall use its best endeavours to ensure that the effective exchange of information is not unduly prevented or delayed. ARTICLE 2 Taxes Covered 1. This Agreement shall apply to the following taxes imposed by the Parties: (a) in the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to the existing taxes of South Africa to which this Agreement applies; and (b) in South Africa: (i) the normal tax; (ii) the secondary tax on companies; (iii) the withholding tax on royalties; Tax Information Authority Act (2021 Revision) (iv) the tax on foreign entertainers and sportspersons; (v) the value added tax. 2. This Agreement shall apply also to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes, or any substantially similar taxes if the Parties so agree. The competent authority of each Party shall notify the other of substantial changes in laws which may affect the obligations of that Party pursuant to this Agreement. ARTICLE 3 GeneraL Definitions 1. In this Agreement: (a) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; and (b) the term \u201cSouth Africa\u201d means the Republic of South Africa and, when used in a geographical sense, includes the territorial sea thereof as well as any area outside the territorial sea, including the continental shelf, which has been or may hereafter be designated, under the laws of South Africa and in accordance with international law, as an area within which South Africa may exercise sovereign rights of jurisdiction; (c) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; (d) the term \\\"competent authority\\\" means: (i) in the case of the Cayman Islands, the Tax Information Authority or its authorised representative; and (ii) in the case of South Africa, the Commissioner of the South African Revenue Service or an authorised representative of the Commissioner; (e) the term \u201ccriminal laws\u201d 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) the term \\\"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) the term \\\"information\\\" means any fact, statement, document or record in whatever form; Tax Information Authority Act (2021 Revision) (h) the term \\\"information gathering measures\\\" means laws and administrative or judicial procedures enabling a requested Party to obtain and provide the information requested; (i) the term \\\"person\\\" means a natural person, a company or any other body or group of persons; (j) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; (k) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; (l) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Parties; (m) the term \u201cpublic collective investment scheme\u201d means any scheme or fund, in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors; (n) the term \\\"requested Party\\\" means the Party to this Agreement which is requested to provide or has provided information in response to a request; (o) the term \\\"requesting Party\\\" means the Party to this Agreement submitting a request for or having received information from the requested Party; and (p) the term \\\"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 laws 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 4 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 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 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 the information gathering measures it considers relevant to provide the requesting Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. Tax Information Authority Act (2021 Revision) 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 Party shall ensure that it has the authority, subject to the terms of Article 1, to obtain and provide, through its competent authority and upon request: (a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; (b) information regarding the legal and beneficial ownership of companies, partnerships, foundations and other persons, including in the case of collective investment schemes, information on shares, units and other interests; (c) in the case of trusts, information on settlors, trustees and beneficiaries. 5. This Agreement does not create an obligation for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment schemes, unless such information can be obtained without giving rise to disproportionate difficulties. 6. Any request for information shall be formulated with the greatest detail possible in specifying in writing: (a) the identity of the person under examination or investigation; (b) the period for which the 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 tax purpose for which the information is sought; (e) the reasons for believing 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 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 able to obtain the information requested; (h) a statement that the request is in conformity with the laws and administrative practices of the requesting Party, that if the requested information was within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (i) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty. Tax Information Authority Act (2021 Revision) 7. 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 possible delay. ARTICLE 5 Tax Examinations Abroad 1. With reasonable notice, the requesting Party may request that the requested Party allow representatives of the competent authority of the requesting Party to enter the territory of the requested Party, to the extent permitted under its domestic laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned. The competent authority of the requesting Party shall notify the competent authority of the requested Party of the time and place of the intended meeting with the individuals concerned. 2. At the request of the competent authority of the requesting Party, the competent authority of the requested Party may permit representatives of the competent authority of the requesting Party to attend a tax examination in the territory of the requested Party. 3. If the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested Party conducting the examination. ARTICLE 6 Possibility of Declining a Request 1. The competent authority of the requested Party may decline to assist: (a) where the request is not made in conformity with this Agreement; (b) where the requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or (c) where the disclosure of the information requested would be contrary to public policy of the requested Party. 2. This Agreement shall not impose upon a requested Party any obligation to provide items subject to legal privilege, or any trade, business, industrial, commercial or professional secret or trade process, provided that information described in Article 4, paragraph 4, shall not by reason of that fact alone be treated as such a secret or trade process. 3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. Tax Information Authority Act (2021 Revision) 4. The requested Party shall not be required to obtain and provide information which, if the requested information was within the jurisdiction of the requesting Party, the competent authority of the requesting Party would not be able to obtain under its laws or in the normal course of administrative practice. 5. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a national or citizen of the requested Party as compared with a national or citizen of the requesting Party in the same circumstances. ARTICLE 7 Confidentiality 1. All information provided and received by the competent authorities of the Parties shall be kept confidential. 2. Such information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in Article 1, and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial decisions: (a) Such information may not be used for any purpose other than for the purposes stated in Article 1 without the express written consent of the competent authority of the requested Party. (b) Information provided to a requesting Party under this Agreement may not be disclosed to any other jurisdiction. ARTICLE 8 Costs Unless the competent authorities of the Parties otherwise agree, indirect costs incurred in providing assistance shall be borne by the requested Party, and direct costs incurred in providing assistance (including costs of engaging external advisors in connection with litigation or otherwise) shall be borne by the requesting Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the requesting Party in advance if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 9 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall use their best efforts to resolve the matter by mutual agreement. Tax Information Authority Act (2021 Revision) 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 4, 5 and 8. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The Parties shall agree on other forms of dispute resolution should this become necessary. ARTICLE 10 Entry Into Force This Agreement shall enter into force 30 days after receipt of written notification by the latter Party of completion of all legal formalities required for entry into force. Upon the date of entry into force, it shall have effect: (a) for criminal tax matters on that date; and (b) for all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 11 Termination 1. This Agreement shall remain in force until terminated by either Party. 2. Either Party may terminate this Agreement by giving notice of termination in writing. Such termination shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of notice of termination by the other Party. All requests received up to the effective date of termination will be dealt with in accordance with the terms of this Agreement. 3. If the Agreement is terminated the Parties shall remain bound by the provisions of Article 7 with respect to any information obtained under this Agreement. IN WITNESS WHEREOF the undersigned, being duly authorised by their respective Governments, have signed and sealed this Agreement in two originals in the English language, both texts being equally authentic. DONE at Grand Cayman on 10th day of May in the year 2011. HON. W. MCKEEVA BUSH OBE, JP MR. PRAVIN GORDHAN FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 25 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE STATES OF GUERNSEY FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS WHEREAS the Government of the Cayman Islands and the States of Guernsey recognise that present legislation already provides for cooperation and the exchange of information in criminal tax matters; WHEREAS it is acknowledged that the Government of the Cayman Islands and the States of Guernsey have the right, under the terms of the Entrustment from the United Kingdom of Great Britain and Northern Ireland, to negotiate, conclude, perform and subject to the terms of this Agreement terminate a tax information exchange agreement with each other; WHEREAS the Government of the Cayman Islands and the States of Guernsey have agreed, to conclude the following Agreement for the exchange of information relating to tax matters which contains obligations on the part of the Parties only. ARTICLE 1 Object and scope of the agreement The Parties, through their competent authorities, shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement, including information that is foreseeably relevant to the determination, assessment or collection of such taxes, the recovery and enforcement of tax claims, or the investigation of tax matters or the prosecution of criminal tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable.  The requested Party shall use its best endeavours to ensure that the effective exchange of information is not unduly prevented or delayed. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession of or obtainable by persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed a) by Guernsey: (i)income tax, and Tax Information Authority Act (2021 Revision) (ii)dwellings profits tax. b) by the Cayman Islands any tax imposed by the Cayman Islands which is substantially similar to existing taxes of Guernsey to which this agreement applies. 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of each Party shall notify the other of any substantial changes to the taxation and related information gathering measures which may affect the obligations of that Party pursuant to this Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless the context otherwise requires: a) \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; b) \u201cGuernsey\u201d, when used in a geographical sense, means Guernsey, Alderney and Herm, including the territorial sea adjacent to those islands, in accordance with international law; c) \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; d) \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; e) \u201ccompetent authority\u201d means: (i) in the case of the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in the case of Guernsey, the Director of Income Tax or that person\u2019s delegate; f) \u201ccriminal laws\u201d 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; g) \u201ccriminal tax matters\u201d 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; Tax Information Authority Act (2021 Revision) h) \u201cinformation\u201d means any fact, statement, document or record in any form whatever; i) \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a requested Party to obtain and provide the requested information; j) \u201cParty\u201d means the Cayman Islands or the States of Guernsey as the context requires; k) \u201cperson\u201d includes an individual, a company and any other body or group of persons; l) \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; m) \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; n) \u201crecognised stock exchange\u201d means the Cayman Islands Stock Exchange and the Channel Islands Stock Exchange and any other stock exchange agreed upon by the competent authorities of the Parties; o) \u201crequested Party\u201d means the Party to this Agreement requested to provide, or which has provided, information in response to a request; p) \u201crequesting Party\u201d means the Party to this Agreement submitting a request for information or having received information from the requested Party; q) \u201ctax\u201d means any tax to which the Agreement applies. 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 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 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 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 within 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 Tax Information Authority Act (2021 Revision) 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 Party shall ensure that it has the authority, subject to the terms of Article 1, and within the constraints of Article 2, to obtain and provide, through its competent authorities and upon request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; b) (i) information regarding the beneficial ownership of companies, partnerships, foundations and other persons, including in the case of collective investment schemes, information on shares, units and other interests; (ii)in the case of trusts, information on settlors, trustees, protectors, enforcers and beneficiaries, provided that this Agreement does not create an obligation for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes, 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 for which the information is requested; c) the nature of the information requested and the form in which the requesting Party wishes to receive it; d) the tax purpose for which the information is sought; e) the reasons for believing 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) the grounds for believing that the information requested is held in the requested Party or is in the possession 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 of or able to obtain the requested information; h) a statement that the request is in conformity with the laws and administrative practices of the requesting Party, that if the requested information was within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the Tax Information Authority Act (2021 Revision) information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement; i) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty. 6. The competent authority of the requested Party shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall: a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. With reasonable notice, a Party may allow representatives of the competent authority of the other Party to enter the territory of the first-mentioned Party in accordance with its domestic laws to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Party, and in accordance with its domestic laws, the competent authority of the other Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party of the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The competent authority of the requested Party may decline to assist: Tax Information Authority Act (2021 Revision) a) where the request is not made in conformity with this Agreement; b) where the requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or c) where the disclosure of the information requested would be contrary to public policy. 2. This Agreement shall not impose on a requested Party the obligation to provide information subject to legal privilege or which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information of the type referred to in Article 5, paragraph 4 shall not by reason of that fact alone be treated as such a secret or trade process. 3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 4. The requested Party shall not be required to obtain or provide information which, if the requested information was within the jurisdiction of the requesting Party the competent authority of the requesting Party would not be able to obtain under its own laws or in the normal course of administrative practice. 5. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a national or citizen of the requested Party as compared with a national or citizen of the requesting Party in the same circumstances. ARTICLE 8 Confidentiality 1. All information provided and received by the competent authorities of the Parties shall be kept confidential. 2. Such information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in Article 1, and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial decisions. 3. Such information may not be used for any purpose other than for the purposes stated in Article 1 without the express written consent of the competent authority of the requested Party. 4. Information provided to a requesting Party under this Agreement may not be disclosed to any other jurisdiction. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs Unless the competent authorities of the Parties otherwise agree, indirect costs incurred in providing assistance shall be borne by the requested Party, and direct costs incurred in providing assistance (including costs of engaging external advisors in connection with litigation or otherwise) shall be borne by the requesting Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the requesting Party in advance if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5, 6 and 8. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) with respect to criminal tax matters for taxable periods beginning on or after 1 September 2005 or, where there is no taxable period, for all charges to tax arising on or after 1 September 2005; b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. 2. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of Tax Information Authority Act (2021 Revision) the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 3. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed the Agreement. Done at Guernsey this 29th day of July 2011, in duplicate in the English language. For the Government of the Cayman Islands: For the States of Guernsey: HON. W. MCKEEVA BUSH OBE, JP MR. LYNDON TROTT Tax Information Authority Act (2021 Revision) SCHEDULE 26 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE PEOPLE\u2019S REPUBLIC OF CHINA FOR THE EXCHANGE OF INFORMATION RELATING TO TAXES The Government of the Cayman Islands and the Government of the People\u2019s Republic of China (\u201cthe Contracting Parties\u201d), Acknowledging that the Contracting Parties are competent to negotiate and conclude a tax information exchange agreement, Desiring to provide a framework for cooperation and facilitate the exchange of information with respect to taxes, Have agreed as follows: ARTICLE 1 Scope of Agreement 1. The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment, verification and collection of such taxes, the recovery and enforcement of tax claims, and the investigation or prosecution of tax matters. 2. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. ARTICLE 2 Jurisdiction A requested Party is not obliged to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. The existing taxes to which this Agreement shall apply are in particular: a) in the People\u2019s Republic of China: all taxes except customs tariffs; (hereinafter referred to as \u201cChinese tax\u201d) b) in the Cayman Islands: taxes of every kind and description. (hereinafter referred to as \u201cCayman Islands tax\u201d) Tax Information Authority Act (2021 Revision) 2. This Agreement shall also apply to any identical or substantially similar taxes that are imposed after the date of signature of the Agreement in addition to, or in place of, any of the existing taxes listed in paragraph 1. 3. The taxes covered by this Agreement may be expanded or modified by mutual agreement of the Contracting Parties in the form agreed upon by both Contracting Parties. 4. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by this Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless the context otherwise requires: a) the term \u201cthe People\u2019s Republic of China\u201d, when used in a geographical sense, means all the territory of the People\u2019s Republic of China, including its territorial sea, in which the Chinese laws relating to taxation apply, and any area beyond its territorial sea, within which the People\u2019s Republic of China has sovereign rights of exploration for and exploitation of resources of the seabed and its sub-soil and superjacent water resources in accordance with international law and its domestic law; b) the term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \u201cperson\u201d includes an individual, a company and any other body of persons; d) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; e) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; and for this purpose, the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company. For the purposes of this paragraph the term \u201crecognised stock exchange\u201d means: (i)in the People\u2019s Republic of China, the Shanghai Stock Exchange or the Shenzhen Stock Exchange; (ii)in the Cayman Islands, the Cayman Islands Stock Exchange; (iii)any other stock exchange which the competent authorities agree to recognize for the purposes of this Agreement; Tax Information Authority Act (2021 Revision) f) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d means any collective investment fund or scheme, in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors; g) the term \u201ctax\u201d means any tax to which this Agreement applies; h) the term \u201ccompetent authority\u201d means: (i) in the case of the People\u2019s Republic of China, the State Administration of Taxation or its authorized representative; and (ii) in the case of the Cayman Islands, the Tax Information Authority or a person or its authorized representative; i) the term \u201cinformation\u201d means any fact, statement, document or record in whatever form; j) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; k) the term \u201crequesting Party\u201d means the Party to this Agreement submitting a request for or having received information from the requested Party; l) the term \u201crequested Party\u201d means the Party to this Agreement which is requested to provide or has provided information in response to a request. 2. As regards the application of this Agreement at any time by a Contracting 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 for the purposes of the taxes to which this Agreement applies, 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 Exchange of Information Upon Request 1. The competent authority of a requested Party shall provide upon request in writing information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the conduct being investigated would constitute a tax offence under the laws of the requested Party if it occurred in the territory of the requested Party. If the information received by the competent authority of the requested Party is not sufficient to enable it to comply with the request for information, it shall advise the competent authority of the requesting Party of that fact and request such additional information as may be required to enable the effective processing of the request. 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 the information, the requested Party shall use all relevant information gathering measures to provide the requesting Party Tax Information Authority Act (2021 Revision) 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 authority, for the purposes of this Agreement, has the authority to obtain and provide upon request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees, and beneficiaries; and in the case of foundations, information on founders, members, beneficiaries and directors or other senior officers of the foundation. 5. Notwithstanding the preceding paragraphs, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes, unless such information can be obtained without giving rise to disproportionate difficulties. 6. The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party when making a request for information under this Agreement in order to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) the period for which the information is requested; c) the nature and type of the information requested, including a description of the information and\/or specific evidence sought, and the form in which the requesting Party would prefer to receive the information; d) the tax purposes for which the information is sought; e) grounds for believing that the information requested is present in the territory of the requested Party or is in the possession or control of a person subject to the jurisdiction of the requested Party; f) to the extent known, the name and address of any person believed to be in possession or control of the information requested; g) a statement that the request is in conformity with this Agreement and the laws and administrative practices of the requesting Party, and that if the requested information were within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to Tax Information Authority Act (2021 Revision) obtain the information under the laws of the requesting Party or in the normal course of administrative practice; h) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 7. The competent authority of the requested Party shall forward the requested information as promptly as possible to the competent authority of the requesting Party.  To ensure a prompt response, the competent authority of the requested Party shall: a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of any deficiencies in the request within 60 days of receipt of the request; and b) immediately inform the competent authority of the requesting Party to explain the reasons for its inability or the obstacles or its refusal, if the competent authority of the requested Party has been unable to obtain and provide the information requested within 90 days of receipt of the request, including if obstacles are encountered in furnishing the information, or if the competent authority of the requested Party refuses to provide the information. ARTICLE 6 Tax Examinations or Investigations Abroad 1. The requested Party may, in accordance with its domestic laws, following receipt of notice of a reasonable time from the requesting Party, allow representatives of the competent authority of the requesting Party to enter the territory of the requested Party in connection with a request to interview persons and examine records with the prior written consent of the persons concerned. The competent authorities of the Contracting Parties shall agree on the time and place of the intended meeting with the persons concerned. 2. At the request of the competent authority of the requesting Party, and in accordance with its domestic laws, the competent authority of the requested Party may permit representatives of the competent authority of the requesting Party to be present at the tax examination in the territory of the requested Party. 3. If the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested Party conducting the examination in accordance with its domestic laws. Tax Information Authority Act (2021 Revision) ARTICLE 7 Possibility of Declining a Request 1. The competent authority of the requested Party may decline to assist: a) where the request is not made in conformity with  this Agreement; b) where the requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or c) where the disclosure of the information requested would be contrary to the public policy (ordre public) of the requested Party. 2. This Agreement shall not impose upon a Contracting Party any obligation to provide information which would disclose any trade, business, industrial, commercial or professional secret or trade process.  Information described in paragraph 4 of Article 5 shall not by reason of that fact alone constitute such a secret or process. 3. a) The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (i) produced for the purposes of seeking or providing legal advice; or (ii) produced for the purposes of use in existing or contemplated legal proceedings; b) Information held with the intention of furthering a criminal purpose is not subject to legal privilege, and nothing in this Article shall prevent a professional legal advisor from providing the name and address of a client where doing so would not constitute a breach of legal privilege. 4. A request for information shall not be refused on the ground that the tax liability giving rise to the request is disputed by the taxpayer. 5. The requested Party shall not be required to obtain and provide information which, if the requested information was within the jurisdiction of the requesting Party, the competent authority of the requesting Party would not be able to obtain under its laws or in the normal course of administrative practice. 6. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the requesting Party in the same circumstances. ARTICLE 8 Confidentiality 1. All information provided and received by the Competent Authorities of the Contracting Parties shall be treated as confidential in the same manner as information Tax Information Authority Act (2021 Revision) obtained under its domestic legislation; or according to the confidentiality conditions applicable in the jurisdiction of the Contracting Party that provides such information if the latter conditions are more restrictive and shall be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Parties officially concerned with the purposes specified in Article 1 and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial proceedings. 2. The information may not be used for any purpose other than for the purposes stated in Article 1 and may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the Competent Authority of the requested Party. ARTICLE 9 Safeguards The rights and safeguards secured to persons by the laws or administrative practices of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 10 Administrative Costs Unless the competent authorities of the Contracting Parties otherwise agree, ordinary costs incurred in providing assistance shall be borne by the requested Party, and extraordinary costs in providing assistance (including costs of engaging external advisors in connection with litigation or otherwise) shall be borne by the requesting Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the requesting Party in advance if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 11 Language Requests for assistance and responses thereto shall be in English. ARTICLE 12 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall use their best efforts to resolve the matter by mutual agreement. 2. In addition to the endeavours referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 10. Tax Information Authority Act (2021 Revision) 3. The competent authorities of the Contracting Parties may communicate with each other directly for the purposes of this Agreement. 4. The Contracting Parties may also agree in writing on other forms of dispute resolution should this become necessary. ARTICLE 13 Entry Into Force The Contracting Parties shall notify each other in writing that they have completed the internal legal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force on the thirtieth day upon the receipt of the latter notification. This Agreement shall have effect in respect of taxable years beginning on or after the date of entry into force. ARTICLE 14 Termination 1. This Agreement shall remain in force until terminated by either Contracting Party. 2. Either Contracting Party may terminate this Agreement by giving notice of termination in writing. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party. 3. If this Agreement is terminated, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. All requests received up to the effective date of termination shall be dealt with in accordance with the terms of this Agreement. IN WITNESS whereof the undersigned, duly authorized thereto, have signed this Agreement. Done at George Town on the 26th day of September, 2011, in duplicate in the English and Chinese languages, both texts being equally authentic. For the Government of the Cayman Islands: For the Government of the People\u2019s Republic of China HON. W. MCKEEVA BUSH OBE, JP MADAME SONG LAN Tax Information Authority Act (2021 Revision) SCHEDULE 27 AGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE REPUBLIC OF ARGENTINA ON EXCHANGE OF INFORMATION ON TAX MATTERS The Cayman Islands and the Republic of Argentina, desiring to conclude an Agreement on exchange of information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable. The Requested Party shall use its best endeavours to ensure that the effective exchange of information is not unduly prevented or delayed. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes: a) in the case of the Republic of Argentina: (i) Income Tax; (ii) Value Added Tax; (iii) Personal Assets Tax; and (iv) Tax on Presumptive Minimum Income. b) In the case of the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to existing taxes of the Republic of Argentina to which this agreement applies. Tax Information Authority Act (2021 Revision) 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. 3. The information provided for the administration of the abovementioned taxes can be used for other taxes, the obligations of which could be determined according to the information gathered under the domestic legislation. ARTICLE 4 Definitions 1. For the purposes of this Agreement: a) the term \u201cContracting Party\u201d means the Cayman Islands or the Republic of Argentina as the context requires; b) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in the Republic of Argentina, the Head of the Federal Administration of Public Revenues or that person\u2019s authorised representative; c) the term \u201cperson\u201d includes an individual, a company and any other body of persons; d) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; e) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; f) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; g) the term \u201crecognised stock exchange\u201d means any stock exchange recognized by the competent authorities of the Contracting Parties; h) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; i) the term \u201ctax\u201d means any tax to which the Agreement applies; Tax Information Authority Act (2021 Revision) j) the term \u201cApplicant Party\u201d means the Contracting Party requesting information; k) the term \u201cRequested Party\u201d means the Contracting Party requested to provide information; l) the term \u201cinformation gathering measures\u201d means rules and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; m) the term \u201cinformation\u201d means any fact, statement or record in any form whatever, relevant to the administration and enforcement of taxes covered in this Agreement; n) the term \u201ctax offences\u201d means  crimes or offences that are committed within the tax field and that are considered as such under domestic laws, irrespective of whether contained in the tax laws, the Criminal Code or other statutes; o) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the Criminal Code or other statutes. 2. As regards the application of this Agreement at any time by any of the Contracting Parties, 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, and the meaning under the applicable tax laws of that Party prevails over a meaning given to the term under other laws of that Party. ARTICLE 5 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 conduct being investigated would constitute a crime under the laws of the Requested Party if such conduct would have occurred in the Requested Party. 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 all relevant information gathering measures to provide the Applicant 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 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. Tax Information Authority Act (2021 Revision) 4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 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) information regarding the ownership of companies, partnerships, trusts, foundations, and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the Applicant Party shall provide the following information to the competent authority of the Requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the Applicant Party wishes to receive the information from the Requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the Requested Party or is in the possession or control of a person within the jurisdiction of the Requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the Applicant Party, that if the requested information was within the jurisdiction of the Applicant Party then the competent authority of the Applicant Party would be able to obtain the information under the laws of the Applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the Applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the Requested Party shall forward the requested information as promptly as possible to the Applicant Party. To ensure a prompt response, the competent authority of the Requested Party shall: Tax Information Authority Act (2021 Revision) a) Confirm receipt of a request in writing to the competent authority of the Applicant Party and shall notify the competent authority of the Applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request; b) If the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. 7. Requests shall be submitted in writing in the official language of the country receiving such request - in the case of Argentina: Spanish language or in the case of the Cayman Islands: English language - and may be made by electronic means. ARTICLE 6 Presence of Officials of a Contracting Party in the Territory of the Other Contracting Party 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the firstmentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The Requested Party shall not be required to obtain or provide information that the Applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the Requested Party may decline to assist where the request is not made in conformity with this Agreement. Tax Information Authority Act (2021 Revision) 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be considered as such a secret or trade process merely because it meets the criteria set forth in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice; or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The Requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The Requested Party may decline a request for information if the information is requested by the Applicant Party to administer or enforce a provision of the tax law of the Applicant Party, or any requirement connected therewith, which discriminates against a national or a citizen of the Requested Party as compared with a national or a citizen of the Applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential, in the same conditions as that obtained under its domestic laws or according to the confidentiality conditions applicable in the jurisdiction of the State that provides such information if the second-mentioned conditions are more restrictive, and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the Requested Party. ARTICLE 9 Costs Ordinary costs incurred in providing assistance shall be borne by the Requested Party, and extraordinary costs incurred in providing assistance (including reasonable costs of Tax Information Authority Act (2021 Revision) engaging external advisors in connection with litigation or otherwise) shall be borne by the Applicant Party.  At the request of either Contracting Party, the competent authorities shall consult as necessary with regard to this Article, and in particular the competent authority of the Requested Party shall consult with the competent authority of the Applicant Party in advance if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after that date or, where there is no taxable period, for all charges to tax arising on or after that date; b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may, after one year from the date of its entry into force, terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. Tax Information Authority Act (2021 Revision) In witness whereof the undersigned being duly authorized thereto have signed the Agreement. Done at Grand Cayman, this 13th day of October, 2011 in two originals, each of them in the Spanish and English languages, both texts being equally authentic. For the Government of the Cayman Islands: For the Republic of Argentina: HON. W. MCKEEVA BUSH OBE, JP DR. RICARDO ECHEGARAY\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 28 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE CZECH REPUBLIC CONCERNING THE EXCHANGE OF INFORMATION ON TAX MATTERS The Government of the Cayman Islands and the Government of the Czech Republic, desiring to facilitate the exchange of information with respect to taxes have agreed as follows: ARTICLE 1 Object and Scope of the Agreement 1. The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. 2. Information received by the requesting Party under this Agreement may be used in the requesting Party as evidence in criminal proceedings only if judicial or other competent authorities of the requested Party give consent to it in accordance with the laws of the requested Party if such consent is, under these laws, necessary. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. The taxes covered by this Agreement are the existing taxes imposed by the laws of the Contracting Parties. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the competent authorities of the Contracting Parties so agree. Furthermore, the taxes covered may be expanded or Tax Information Authority Act (2021 Revision) modified by mutual agreement of the Contracting Parties in the form of an exchange of letters. The competent authorities of the Contracting Parties shall notify each other of any substantial exchanges to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 General definitions 1. For the purposes of this Agreement, unless otherwise defined the term: a) \\\"Contracting Party\\\" means the Czech Republic or the Cayman Islands as the context requires; b) \\\"competent authority\\\" means: i) in the case of the Czech Republic the Minister of Finance or that person\u2019s authorised representative; and ii) in the case of the Cayman Islands, the Tax Information Authority or an individual or authority otherwise designated; c) \\\"person\\\" includes an individual, a company and any other body of persons; d) \\\"company\\\" means any body corporate or any entity that is treated as a body corporate for tax purposes; e) \\\"publicly traded company\\\" means any company whose principal class of shares is listed on a recognized 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; f) \\\"principal class of shares\\\" means the class or classes of shares representing a majority of the voting power and value of the company; g) \\\"recognized stock exchange\\\" means any stock exchange agreed upon by the competent authorities of the Contracting Parties; h) \\\"collective investment fund or scheme\\\" means any pooled investment instrument, 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; i) \\\"tax\\\" means any tax to which the Agreement applies; j) \\\"requesting Party\\\" means the Contracting Party requesting information; k) \\\"requested Party\\\" means the Contracting Party requested to provide information; l) \\\"information gathering measures\\\" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; Tax Information Authority Act (2021 Revision) m) \\\"information\\\" means any fact, statement or record in any form whatever; n) \\\"criminal tax matters\\\" means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the requesting Party; o) \\\"criminal proceedings\\\" means proceedings conducted by law enforcement authorities, prosecutors and courts in order to establish guilt for violations of criminal laws and impose appropriate sentences; p) \\\"criminal laws\\\" means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 Contracting Party for the purposes of taxes to which the Agreement applies, any meaning under the applicable tax law of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party. ARTICLE 5 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures 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 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) information regarding the ownership of companies, partnerships, trusts, foundations, \\\"Anstalten\\\" and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, Tax Information Authority Act (2021 Revision) members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the requesting Party shall provide the following information to the competent authority of the requested Party to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the requesting Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the requesting Party, that if the requested information was within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the requesting Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. Tax Information Authority Act (2021 Revision) ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the prior written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the requesting Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice or b) produced for the purposes of use in existing or contemplated legal proceedings. Tax Information Authority Act (2021 Revision) 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the requesting Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Costs incurred in providing assistance shall be borne by the requested Party, unless the competent authorities of the Contracting Parties otherwise agree. ARTICLE 10 Implementation measures The Contracting Parties shall enact and publish the laws, and regulations necessary to comply with, and give effect to, the terms of the Agreement. ARTICLE 11 Language Request for assistance and answers thereto shall be drawn up in English or any other language agreed bilaterally between the competent authorities of the Contracting Parties under Article 13. ARTICLE 12 Other International Agreements or Arrangements The possibilities of assistance provided by this Agreement do not limit, nor are they limited by, those contained in existing international agreements or other arrangements between the Contracting Parties which relate to the co-operation in tax matters. Tax Information Authority Act (2021 Revision) ARTICLE 13 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreements under this Article. 4. The Contracting Parties may also agree on other forms of dispute resolution. ARTICLE 14 Entry into force Each of the Contracting Parties shall notify the other, through relevant channels, of the completion of the procedures required by its domestic law for the bringing into force of this Agreement. The Agreement shall enter into force on the date of the later of these notifications and its provisions shall have effect: a) for criminal tax matters on that date; and b) for all other matters covered in Article 1 in respect of any tax year beginning on or after the first day of January of the calendar year next following that in which this Agreement enters into force. ARTICLE 15 Termination 1. This Agreement shall remain in force until terminated by a Contracting Party. Either Contracting Party may terminate the Agreement, through the diplomatic channels, by giving written notice of termination. In such event, the Agreement shall cease to have effect on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party. 2. Upon termination of this Agreement, both parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof, the undersigned, being duly authorized thereto, have signed the Agreement. Done in duplicate at South Africa this 26 day of October 2012, in the English and Czech languages, each text being equally authentic. For the Cayman Islands: For the Czech Republic: SAMUEL BULGIN QC, JP BLANKA FAJKUSOV\u00c1 Tax Information Authority Act (2021 Revision) SCHEDULE 29 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE STATE OF QATAR CONCERNING EXCHANGE OF INFORMATION ON TAX MATTERS The GOVERNMENT OF THE CAYMAN ISLANDS and the GOVERNMENT OF THE STATE OF QATAR, desiring to conclude an agreement concerning exchange of information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed : (a) by the Cayman Islands - taxes of every kind and description, (hereinafter referred to as \u201cthe Cayman Islands tax\u201d); (b) by the State of Qatar - taxes on income or profits, (hereinafter referred to as \u201cQatari tax\u201d). 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other Tax Information Authority Act (2021 Revision) of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means the Cayman Islands or Qatar as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Qatar\\\" means the State of Qatar\u2019s lands, internal waters, territorial sea including its bed and subsoil, the airspace over them, the exclusive economic zone and the continental shelf, over which the State of Qatar exercises sovereign rights and jurisdiction in accordance with the provisions of international law and Qatar\u2019s national laws and regulations; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Qatar, the Ministry of Economy and Finance or its authorized representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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 of the Agreement, have the authority to obtain and provide upon request: Tax Information Authority Act (2021 Revision) a) information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; b) information regarding the ownership of companies, partnerships, trusts, foundation, and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the necessary relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Contracting Party shall acknowledge receipt of the request to the competent authority of the requesting Contracting Party and shall use its best endeavors to forward the requested information to the requesting Contracting Party with the least reasonable delay. Tax Information Authority Act (2021 Revision) ARTICLE 6 Tax Examinations Abroad 1. By reasonable notice given in advance, the requesting Contracting Party may request that the requested Contracting Party allow representatives of the competent authority of the requesting Contracting Party to enter the territory of the requested Contracting Party, to the extent permitted under its laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned. The competent authority of the requesting Contracting party shall notify the competent authority of the requested Contracting Party of the time and place of the intended meeting with the individuals concerned. 2. At the request of the competent authority of the requesting Contracting Party, the competent authority of the requested Contracting Party may allow representatives of the competent authority of the requesting Contracting Party to be present at the appropriate part of tax examination in the requested Contracting Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the requested Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Contracting Party about the time and place of the examination, the authority or official designated to carry out the examination and procedures and conditions required by the requesting Contracting Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the requested Contracting Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice; or b) produced for the purposes of use in existing or contemplated legal proceedings. Tax Information Authority Act (2021 Revision) 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (Ordre Public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of ordinary costs incurred in providing assistance shall be agreed by the Contracting Parties, and direct extraordinary costs incurred in providing assistance shall be borne by the requesting party. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. Tax Information Authority Act (2021 Revision) ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing, through diplomatic channels, of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) for criminal tax matters, on the date of entry into force, for taxable periods beginning on or after that date or, where there is no taxable period, for all charges to tax arising on or after that date; b) for all other matters covered in Article 1, in respect of taxable periods beginning on or after the first day of January of the calendar year immediately following the year in which the agreement enters into force. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may after five years from the date of its entry into force terminate the Agreement by giving written notice, through diplomatic channels, of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of January of the calendar year immediately following the year in which the notice is given. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned being duly authorised thereto have signed this Agreement. Done at Cape Town this 26th day of October, 2012, in duplicate in the English and Arabic languages, both texts being equally authentic. For the Government of the Cayman Islands: For the Government of the State of Qatar: SAMUEL BULGIN QC, JP MOFTAH JASSIM AL MOFTAH Tax Information Authority Act (2021 Revision) SCHEDULE 30 AGREEMENT BETWEEN THE ITALIAN REPUBLIC AND THE CAYMAN ISLANDS ON EXCHANGE OF INFORMATION ON TAX MATTERS The Government of the Italian Republic and the Government of the Cayman Islands, desiring to facilitate the exchange of information with respect to taxes have agreed as follows: ARTICLE 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. The taxes which are the subject of this Agreement are: a) in Italy: - the personal income tax; - the corporate income tax; - the regional tax on productive activities; - the value added tax; - the inheritance tax; - the gift tax; - the substitute tax; Tax Information Authority Act (2021 Revision) b) in the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to existing taxes of Italy to which this Agreement applies. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the competent authorities of the Contracting Parties so agree. Furthermore, the taxes covered may be expanded or modified by mutual agreement of the Contracting Parties in the form of an exchange of letters. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means Italy or the Cayman Islands as the context requires; b) the term \u201cItaly\u201d means the Italian Republic and includes any area beyond the territorial waters which is designated as an area within which Italy, in compliance with its legislation and in conformity with the international law, may exercise sovereign rights in respect of the exploration and exploitation of the natural resources of the seabed, the subsoil and the superjacent waters; c) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and subsoil and their natural resources may be exercised; d) the term \u201ccompetent authority\u201d means: i) in the case of Italy, the Ministry of Economy and Finance; ii) in the case of the Cayman Islands, the Tax Information Authority or a person or authority designated by it; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; Tax Information Authority Act (2021 Revision) h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party, it being understood that the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant Party with the Tax Information Authority Act (2021 Revision) 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 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 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) information regarding the ownership of companies, partnerships, trusts, foundations, and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; Tax Information Authority Act (2021 Revision) g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party in order to be present at the interview of individuals and examination of records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the Tax Information Authority Act (2021 Revision) requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs Unless the competent authorities of the Parties otherwise agree, ordinary costs incurred in providing assistance shall be borne by the requested Party, and extraordinary costs in providing assistance (including costs of engaging external advisers in connection with litigation or otherwise) shall be borne by the applicant Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the applicant Party if the costs of providing information with respect to a specific request are expected to be significant. \u201cExtraordinary costs\u201d do not include ordinary administrative and overhead expenses incurred by the requested Party in reviewing and responding to information requests submitted by the applicant Party. ARTICLE 10 Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement. ARTICLE 11 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The Contracting Parties may also agree on other forms of dispute resolution. ARTICLE 12 Entry into Force 1. This Agreement is subject to ratification by the Contracting Parties, in accordance with their respective laws. 2. This Agreement shall enter into force on the date of the receipt of the last notification by which each Party shall formally have communicated to the other that the respective internal procedures for entry into force have been completed. Upon entry into force, it shall have effect: Tax Information Authority Act (2021 Revision) a) for criminal tax matters on that date; and b) for all other matters covered in Article 1 on that date, but only in respect of taxable periods beginning on or after that date, or where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination 1. Either Contracting Party may terminate the Agreement by serving a notice of termination either through diplomatic channels or by letter to the competent authority of the other Contracting Party. 2. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party. 3. Following termination of the Agreement, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof, the undersigned, being duly authorised thereto, have signed the Agreement. Done at London on 3 December, 2012, in two originals, each in the Italian and English languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE ITALIAN REPUBLIC: FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: ALAIN GIORGIO MARIA ECONOMIDES W. MCKEEVA BUSH\\\". Tax Information Authority Act (2021 Revision) SCHEDULE 31 PART 1 CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS Text amended by the provisions of the Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters, which entered into force on 1st June 2011. Preamble The member States of the Council of Europe and the member countries of the Organisation for Economic Co-operation and Development (OECD), signatories of this Convention, Considering that the development of international movement of persons, capital, goods and services \u2013 although highly beneficial in itself \u2013 has increased the possibilities of tax avoidance and evasion and therefore requires increasing co-operation among tax authorities; Welcoming the various efforts made in recent years to combat tax avoidance and tax evasion on an international level, whether bilaterally or multilaterally; Considering that a co-ordinated effort between States is necessary in order to foster all forms of administrative assistance in matters concerning taxes of any kind whilst at the same time ensuring adequate protection of the rights of taxpayers; Recognising that international co-operation can play an important part in facilitating the proper determination of tax liabilities and in helping the taxpayer to secure that person\u2019s rights; Considering that fundamental principles entitling every person to have that person\u2019s rights and obligations determined in accordance with a proper legal procedure should be recognised as applying to tax matters in all States and that States should endeavour to protect the legitimate interests of taxpayers, including appropriate protection against discrimination and double taxation; Convinced therefore that States should carry out measures or supply information, having regard to the necessity of protecting the confidentiality of information, and taking account of international instruments for the protection of privacy and flows of personal data; Considering that a new co-operative environment has emerged and that it is desirable that a multilateral instrument is made available to allow the widest number of States to obtain the benefits of the new co-operative environment and at the same time implement the highest international standards of co-operation in the tax field; Desiring to conclude a convention on mutual administrative assistance in tax matters, Have agreed as follows: Tax Information Authority Act (2021 Revision) Chapter I \u2013 Scope of the Convention ARTICLE 1 Object of the Convention and persons covered The Parties shall, subject to the provisions of Chapter IV, provide administrative assistance to each other in tax matters. Such assistance may involve, where appropriate, measures taken by judicial bodies. Such administrative assistance shall comprise: a exchange of information, including simultaneous tax examinations and participation in tax examinations abroad; b assistance in recovery, including measures of conservancy; and service of documents. A Party shall provide administrative assistance whether the person affected is a resident or national of a Party or of any other State. ARTICLE 2 Taxes covered This Convention shall apply: a to the following taxes: i taxes on income or profits, ii taxes on capital gains which are imposed separately from the tax on income or profits, iii taxes on net wealth, imposed on behalf of a Party; and b to the following taxes: i taxes on income, profits, capital gains or net wealth which are imposed on behalf of political subdivisions or local authorities of a Party, ii compulsory social security contributions payable to general government or to social security institutions established under public law, and iii taxes in other categories, except customs duties, imposed on behalf of a Party, namely: A. estate, inheritance or gift taxes, B. taxes on immovable property, C. general consumption taxes, such as value added or sales taxes, D. specific taxes on goods and services such as excise taxes, E. taxes on the use or ownership of motor vehicles, Tax Information Authority Act (2021 Revision) F. taxes on the use or ownership of movable property other than motor vehicles, G. any other taxes; iv taxes in categories referred to in sub-paragraph iii. above which are imposed on behalf of political subdivisions or local authorities of a Party. The existing taxes to which the Convention shall apply are listed in Annex A in the categories referred to in paragraph 1. The Parties shall notify the Secretary General of the Council of Europe or the Secretary General of OECD (hereinafter referred to as the \u201cDepositaries\u201d) of any change to be made to Annex A as a result of a modification of the list mentioned in paragraph 2. Such change shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Depositary. The Convention shall also apply, as from their adoption, to any identical or substantially similar taxes which are imposed in a Contracting State after the entry into force of the Convention in respect of that Party in addition to or in place of the existing taxes listed in Annex A and, in that event, the Party concerned shall notify one of the Depositaries of the adoption of the tax in question. Chapter II \u2013 General definitions ARTICLE 3 Definitions For the purposes of this Convention, unless the context otherwise requires: a the terms \u201capplicant State\u201d and \u201crequested State\u201d mean respectively any Party applying for administrative assistance in tax matters and any Party requested to provide such assistance; b the term \u201ctax\u201d means any tax or social security contribution to which the Convention applies pursuant to Article 2; the term \u201ctax claim\u201d means any amount of tax, as well as interest thereon, related administrative fines and costs incidental to recovery, which are owed and not yet paid; d the term \u201ccompetent authority\u201d means the persons and authorities listed in Annex B; e the term \u201cnationals\u201d in relation to a Party means: i all individuals possessing the nationality of that Party, and ii all legal persons, partnerships, associations and other entities deriving their status as such from the laws in force in that Party. Tax Information Authority Act (2021 Revision) For each Party that has made a declaration for that purpose, the terms used above will be understood as defined in Annex C. As regards the application of the Convention by a Party, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that Party concerning the taxes covered by the Convention. The Parties shall notify one of the Depositaries of any change to be made to Annexes B and C. Such change shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Depositary in question. Chapter III \u2013 Forms of assistance Section I \u2013 Exchange of information ARTICLE 4 General provision The Parties shall exchange any information, in particular as provided in this section, that is foreseeably relevant for the administration or enforcement of their domestic laws concerning the taxes covered by this Convention. Deleted. Any Party may, by a declaration addressed to one of the Depositaries, indicate that, according to its internal legislation, its authorities may inform its resident or national before transmitting information concerning him, in conformity with Articles 5 and 7. ARTICLE 5 Exchange of information on request At the request of the applicant State, the requested State shall provide the applicant State with any information referred to in Article 4 which concerns particular persons or transactions. If the information available in the tax files of the requested State is not sufficient to enable it to comply with the request for information, that State shall take all relevant measures to provide the applicant State with the information requested. ARTICLE 6 Automatic exchange of information With respect to categories of cases and in accordance with procedures which they shall determine by mutual agreement, two or more Parties shall automatically exchange the information referred to in Article 4. ARTICLE 7 Spontaneous exchange of information Tax Information Authority Act (2021 Revision) A Party shall, without prior request, forward to another Party information of which it has knowledge in the following circumstances: a the first-mentioned Party has grounds for supposing that there may be a loss of tax in the other Party; b a person liable to tax obtains a reduction in or an exemption from tax in the first-mentioned Party which would give rise to an increase in tax or to liability to tax in the other Party; business dealings between a person liable to tax in a Party and a person liable to tax in another Party are conducted through one or more countries in such a way that a saving in tax may result in one or the other Party or in both; d a Party has grounds for supposing that a saving of tax may result from artificial transfers of profits within groups of enterprises; e information forwarded to the first-mentioned Party by the other Party has enabled information to be obtained which may be relevant in assessing liability to tax in the latter Party. Each Party shall take such measures and implement such procedures as are necessary to ensure that information described in paragraph 1 will be made available for transmission to another Party. ARTICLE 8 Simultaneous tax examinations At the request of one of them, two or more Parties shall consult together for the purposes of determining cases and procedures for simultaneous tax examinations. Each Party involved shall decide whether or not it wishes to participate in a particular simultaneous tax examination. For the purposes of this Convention, a simultaneous tax examination means an arrangement between two or more Parties to examine simultaneously, each in its own territory, the tax affairs of a person or persons in which they have a common or related interest, with a view to exchanging any relevant information which they so obtain. ARTICLE 9 Tax examinations abroad At the request of the competent authority of the applicant State, the competent authority of the requested State may allow representatives of the competent authority of the applicant State to be present at the appropriate part of a tax examination in the requested State. If the request is acceded to, the competent authority of the requested State shall, as soon as possible, notify the competent authority of the applicant State about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the requested State for the conduct of the Tax Information Authority Act (2021 Revision) examination. All decisions with respect to the conduct of the tax examination shall be made by the requested State. A Party may inform one of the Depositaries of its intention not to accept, as a general rule, such requests as are referred to in paragraph 1. Such a declaration may be made or withdrawn at any time. ARTICLE 10 Conflicting information If a Party receives from another Party information about a person\u2019s tax affairs which appears to it to conflict with information in its possession, it shall so advise the Party which has provided the information. Section II - Assistance in recovery ARTICLE 11 Recovery of tax claims At the request of the applicant State, the requested State shall, subject to the provisions of Articles 14 and 15, take the necessary steps to recover tax claims of the firstmentioned State as if they were its own tax claims. The provision of paragraph 1 shall apply only to tax claims which form the subject of an instrument permitting their enforcement in the applicant State and, unless otherwise agreed between the Parties concerned, which are not contested. However, where the claim is against a person who is not a resident of the applicant State, paragraph 1 shall only apply, unless otherwise agreed between the Parties concerned, where the claim may no longer be contested. The obligation to provide assistance in the recovery of tax claims concerning a deceased person or that person\u2019s estate, is limited to the value of the estate or of the property acquired by each beneficiary of the estate, according to whether the claim is to be recovered from the estate or from the beneficiaries thereof. ARTICLE 12 Measures of conservancy At the request of the applicant State, the requested State shall, with a view to the recovery of an amount of tax, take measures of conservancy even if the claim is contested or is not yet the subject of an instrument permitting enforcement. ARTICLE 13 Documents accompanying the request The request for administrative assistance under this section shall be accompanied by: a a declaration that the tax claim concerns a tax covered by the Convention and, in the case of recovery that, subject to paragraph 2 of Article 11, the tax claim is not or may not be contested, Tax Information Authority Act (2021 Revision) b an official copy of the instrument permitting enforcement in the applicant State, and any other document required for recovery or measures of conservancy. The instrument permitting enforcement in the applicant State shall, where appropriate and in accordance with the provisions in force in the requested State, be accepted, recognised, supplemented or replaced as soon as possible after the date of the receipt of the request for assistance, by an instrument permitting enforcement in the latter State. ARTICLE 14 Time limits Questions concerning any period beyond which a tax claim cannot be enforced shall be governed by the law of the applicant State. The request for assistance shall give particulars concerning that period. Acts of recovery carried out by the requested State in pursuance of a request for assistance, which, according to the laws of that State, would have the effect of suspending or interrupting the period mentioned in paragraph 1, shall also have this effect under the laws of the applicant State. The requested State shall inform the applicant State about such acts. In any case, the requested State is not obliged to comply with a request for assistance which is submitted after a period of 15 years from the date of the original instrument permitting enforcement. ARTICLE 15 Priority The tax claim in the recovery of which assistance is provided shall not have in the requested State any priority specially accorded to the tax claims of that State even if the recovery procedure used is the one applicable to its own tax claims. ARTICLE 16 Deferral of payment The requested State may allow deferral of payment or payment by instalments if its laws or administrative practice permit it to do so in similar circumstances, but shall first inform the applicant State. Section III \u2013 Service of documents ARTICLE 17 Service of documents At the request of the applicant State, the requested State shall serve upon the addressee documents, including those relating to judicial decisions, which emanate from the applicant State and which relate to a tax covered by this Convention. The requested State shall effect service of documents: Tax Information Authority Act (2021 Revision) a by a method prescribed by its domestic laws for the service of documents of a substantially similar nature; b to the extent possible, by a particular method requested by the applicant State or the closest to such method available under its own laws. A Party may effect service of documents directly through the post on a person within the territory of another Party. Nothing in the Convention shall be construed as invalidating any service of documents by a Party in accordance with its laws. When a document is served in accordance with this article, it need not be accompanied by a translation. However, where it is satisfied that the addressee cannot understand the language of the document, the requested State shall arrange to have it translated into or a summary drafted in its or one of its official languages. Alternatively, it may ask the applicant State to have the document either translated into or accompanied by a summary in one of the official languages of the requested State, the Council of Europe or the OECD. Chapter IV \u2013 Provisions relating to all forms of assistance ARTICLE 18 Information to be provided by the applicant State A request for assistance shall indicate where appropriate: a the authority or agency which initiated the request made by the competent authority; b the name, address, or any other particulars assisting in the identification of the person in respect of whom the request is made; in the case of a request for information, the form in which the applicant State wishes the information to be supplied in order to meet its needs; d in the case of a request for assistance in recovery or measures of conservancy, the nature of the tax claim, the components of the tax claim and the assets from which the tax claim may be recovered; e in the case of a request for service of documents, the nature and the subject of the document to be served; f whether it is in conformity with the law and administrative practice of the applicant State and whether it is justified in the light of the requirements of Article 21.2.g. As soon as any other information relevant to the request for assistance comes to its knowledge, the applicant State shall forward it to the requested State. ARTICLE 19 Deleted ARTICLE 20 Response to the request for assistance Tax Information Authority Act (2021 Revision) If the request for assistance is complied with, the requested State shall inform the applicant State of the action taken and of the result of the assistance as soon as possible. If the request is declined, the requested State shall inform the applicant State of that decision and the reason for it as soon as possible. If, with respect to a request for information, the applicant State has specified the form in which it wishes the information to be supplied and the requested State is in a position to do so, the requested State shall supply it in the form requested. ARTICLE 21 Protection of persons and limits to the obligation to provide assistance Nothing in this Convention shall affect the rights and safeguards secured to persons by the laws or administrative practice of the requested State. Except in the case of Article 14, the provisions of this Convention shall not be construed so as to impose on the requested State the obligation: a to carry out measures at variance with its own laws or administrative practice or the laws or administrative practice of the applicant State; b to carry out measures which would be contrary to public policy (ordre public); to supply information which is not obtainable under its own laws or its administrative practice or under the laws of the applicant State or its administrative practice; d to supply information which would disclose any trade, business, industrial, commercial or professional secret, or trade process, or information the disclosure of which would be contrary to public policy (ordre public); e to provide administrative assistance if and insofar as it considers the taxation in the applicant State to be contrary to generally accepted taxation principles or to the provisions of a convention for the avoidance of double taxation, or of any other convention which the requested State has concluded with the applicant State; f to provide administrative assistance for the purpose of administering or enforcing a provision of the tax law of the applicant State, or any requirement connected therewith, which discriminates against a national of the requested State as compared with a national of the applicant State in the same circumstances; g to provide administrative assistance if the applicant State has not pursued all reasonable measures available under its laws or administrative practice, except where recourse to such measures would give rise to disproportionate difficulty; h to provide assistance in recovery in those cases where the administrative burden for that State is clearly disproportionate to the benefit to be derived by the applicant State. Tax Information Authority Act (2021 Revision) If information is requested by the applicant State in accordance with this Convention, the requested State shall use its information gathering measures to obtain the requested information, even though the requested State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations contained in this Convention, but in no case shall such limitations, including in particular those of paragraphs 1 and 2, be construed to permit a requested State to decline to supply information solely because it has no domestic interest in such information. In no case shall the provisions of this Convention, including in particular those of paragraphs 1 and 2, be construed to permit a requested 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. ARTICLE 22 Secrecy Any information obtained by a Party under this Convention shall be treated as secret and protected in the same manner as information obtained under the domestic law of that Party and, to the extent needed to ensure the necessary level of protection of personal data, in accordance with the safeguards which may be specified by the supplying Party as required under its domestic law. Such information shall in any case be disclosed only to persons or authorities (including courts and administrative or supervisory bodies) concerned with the assessment, collection or recovery of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, taxes of that Party, or the oversight of the above. Only the persons or authorities mentioned above may use the information and then only for such purposes. They may, notwithstanding the provisions of paragraph 1, disclose it in public court proceedings or in judicial decisions relating to such taxes. If a Party has made a reservation provided for in sub-paragraph a. of paragraph 1 of Article 30, any other Party obtaining information from that Party shall not use it for the purpose of a tax in a category subject to the reservation. Similarly, the Party making such a reservation shall not use information obtained under this Convention for the purpose of a tax in a category subject to the reservation. Notwithstanding the provisions of paragraphs 1, 2 and 3, information received by a Party may be used for other purposes when such information may be used for such other purposes under the laws of the supplying Party and the competent authority of that Party authorises such use. Information provided by a Party to another Party may be transmitted by the latter to a third Party, subject to prior authorisation by the competent authority of the first-mentioned Party. Tax Information Authority Act (2021 Revision) ARTICLE 23 Proceedings Proceedings relating to measures taken under this Convention by the requested State shall be brought only before the appropriate body of that State. Proceedings relating to measures taken under this Convention by the applicant State, in particular those which, in the field of recovery, concern the existence or the amount of the tax claim or the instrument permitting its enforcement, shall be brought only before the appropriate body of that State. If such proceedings are brought, the applicant State shall inform the requested State which shall suspend the procedure pending the decision of the body in question. However, the requested State shall, if asked by the applicant State, take measures of conservancy to safeguard recovery. The requested State can also be informed of such proceedings by any interested person. Upon receipt of such information the requested State shall consult on the matter, if necessary, with the applicant State. As soon as a final decision in the proceedings has been given, the requested State or the applicant State, as the case may be, shall notify the other State of the decision and the implications which it has for the request for assistance. Chapter V \u2013 Special provisions ARTICLE 24 Implementation of the Convention The Parties shall communicate with each other for the implementation of this Convention through their respective competent authorities. The competent authorities may communicate directly for this purpose and may authorise subordinate authorities to act on their behalf. The competent authorities of two or more Parties may mutually agree on the mode of application of the Convention among themselves. Where the requested State considers that the application of this Convention in a particular case would have serious and undesirable consequences, the competent authorities of the requested and of the applicant State shall consult each other and endeavour to resolve the situation by mutual agreement. A co-ordinating body composed of representatives of the competent authorities of the Parties shall monitor the implementation and development of this Convention, under the aegis of the OECD. To that end, the co-ordinating body shall recommend any action likely to further the general aims of the Convention. In particular it shall act as a forum for the study of new methods and procedures to increase international co-operation in tax matters and, where appropriate, it may recommend revisions or amendments to the Convention. States which have signed but not yet ratified, accepted or approved the Convention are entitled to be represented at the meetings of the co-ordinating body as observers. A Party may ask the co-ordinating body to furnish opinions on the interpretation of the provisions of the Convention. Tax Information Authority Act (2021 Revision) Where difficulties or doubts arise between two or more Parties regarding the implementation or interpretation of the Convention, the competent authorities of those Parties shall endeavour to resolve the matter by mutual agreement. The agreement shall be communicated to the co-ordinating body. The Secretary General of OECD shall inform the Parties, and the Signatory States which have not yet ratified, accepted or approved the Convention, of opinions furnished by the co-ordinating body according to the provisions of paragraph 4 above and of mutual agreements reached under paragraph 5 above. ARTICLE 25 Language Requests for assistance and answers thereto shall be drawn up in one of the official languages of the OECD and of the Council of Europe or in any other language agreed bilaterally between the Contracting States concerned. ARTICLE 26 Costs Unless otherwise agreed bilaterally by the Parties concerned: a ordinary costs incurred in providing assistance shall be borne by the requested State; b extraordinary costs incurred in providing assistance shall be borne by the applicant State. Chapter VI \u2013 Final provisions ARTICLE 27 Other international agreements or arrangements The possibilities of assistance provided by this Convention do not limit, nor are they limited by, those contained in existing or future international agreements or other arrangements between the Parties concerned or other instruments which relate to cooperation in tax matters. Notwithstanding paragraph 1, those Parties which are member States of the European Union can apply, in their mutual relations, the possibilities of assistance provided for by the Convention in so far as they allow a wider co-operation than the possibilities offered by the applicable European Union rules. ARTICLE 28 Signature and entry into force of the Convention This Convention shall be open for signature by the member States of the Council of Europe and the member countries of OECD. It is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with one of the Depositaries. Tax Information Authority Act (2021 Revision) This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which five States have expressed their consent to be bound by the Convention in accordance with the provisions of paragraph 1. In respect of any member State of the Council of Europe or any member country of OECD which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, acceptance or approval. Any member State of the Council of Europe or any member country of OECD which becomes a Party to the Convention after the entry into force of the Protocol amending this Convention, opened for signature on 27th May 2010 (the \u201c2010 Protocol\u201d), shall be a Party to the Convention as amended by that Protocol, unless they express a different intention in a written communication to one of the Depositaries. After the entry into force of the 2010 Protocol, any State which is not a member of the Council of Europe or of the OECD may request to be invited to sign and ratify this Convention as amended by the 2010 Protocol. Any request to this effect shall be addressed to one of the Depositaries, who shall transmit it to the Parties. The Depositary shall also inform the Committee of Ministers of the Council of Europe and the OECD Council. The decision to invite States which so request to become Party to this Convention shall be taken by consensus by the Parties to the Convention through the co-ordinating body. In respect of any State ratifying the Convention as amended by the 2010 Protocol in accordance with this paragraph, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification with one of the Depositaries. The provisions of this Convention, as amended by the 2010 Protocol, shall have effect for administrative assistance related to taxable periods beginning on or after 1 January of the year following the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax arising on or after 1 January of the year following the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party. Any two or more Parties may mutually agree that the Convention, as amended by the 2010 Protocol, shall have effect for administrative assistance related to earlier taxable periods or charges to tax. Notwithstanding paragraph 6, for tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party, the provisions of this Convention, as amended by the 2010 Protocol, shall have effect from the date of entry into force in respect of a Party in relation to earlier taxable periods or charges to tax. Tax Information Authority Act (2021 Revision) ARTICLE 29 Territorial application of the Convention Each State may, at the time of signature, or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Convention shall apply. Any State may, at any later date, by a declaration addressed to one of the Depositaries, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Depositary. Any declaration made under either of the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to one of the Depositaries. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Depositary. ARTICLE 30 Reservations Any State may, at the time of signature or when depositing its instrument of ratification, acceptance or approval or at any later date, declare that it reserves the right: a not to provide any form of assistance in relation to the taxes of other Parties in any of the categories listed in sub-paragraph b. of paragraph 1 of Article 2, provided that it has not included any domestic tax in that category under Annex A of the Convention; b not to provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes or only for taxes in one or more of the categories listed in paragraph 1 of Article 2; not to provide assistance in respect of any tax claim, which is in existence at the date of entry into force of the Convention in respect of that State or, where a reservation has previously been made under sub-paragraph a. or b. above, at the date of withdrawal of such a reservation in relation to taxes in the category in question; d not to provide assistance in the service of documents for all taxes or only for taxes in one or more of the categories listed in paragraph 1 of Article 2; e not to permit the service of documents through the post as provided for in paragraph 3 of Article 17; f to apply paragraph 7 of Article 28 exclusively for administrative assistance related to taxable periods beginning on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party, or where there is no taxable period, for administrative assistance related to charges to tax Tax Information Authority Act (2021 Revision) arising on or after 1 January of the third year preceding the one in which the Convention, as amended by the 2010 Protocol, entered into force in respect of a Party. No other reservation may be made. After the entry into force of the Convention in respect of a Party, that Party may make one or more of the reservations listed in paragraph 1 which it did not make at the time of ratification, acceptance or approval. Such reservations shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of the reservation by one of the Depositaries. Any Party which has made a reservation under paragraphs 1 and 3 may wholly or partly withdraw it by means of a notification addressed to one of the Depositaries. The withdrawal shall take effect on the date of receipt of such notification by the Depositary in question. A Party which has made a reservation in respect of a provision of this Convention may not require the application of that provision by any other Party; it may, however, if its reservation is partial, require the application of that provision insofar as it has itself accepted it. ARTICLE 31 Denunciation Any Party may, at any time, denounce this Convention by means of a notification addressed to one of the Depositaries. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Depositary. Any Party which denounces the Convention shall remain bound by the provisions of Article 22 for as long as it retains in its possession any documents or information obtained under the Convention. ARTICLE 32 Depositaries and their functions The Depositary with whom an act, notification or communication has been accomplished, shall notify the member States of the Council of Europe and the member countries of OECD and any Party to this Convention of: a any signature; b the deposit of any instrument of ratification, acceptance or approval; any date of entry into force of this Convention in accordance with the provisions of Articles 28 and 29; Tax Information Authority Act (2021 Revision) d any declaration made in pursuance of the provisions of paragraph 3 of Article 4 or paragraph 3 of Article 9 and the withdrawal of any such declaration; e any reservation made in pursuance of the provisions of Article 30 and the withdrawal of any reservation effected in pursuance of the provisions of paragraph 4 of Article 30; f any notification received in pursuance of the provisions of paragraph 3 or 4 of Article 2, paragraph 3 of Article 3, Article 29 or paragraph 1 of Article 31; g any other act, notification or communication relating to this Convention. The Depositary receiving a communication or making a notification in pursuance of the provisions of paragraph 1 shall inform immediately the other Depositary thereof. In witness whereof the undersigned, being duly authorised thereto, have signed the Convention. Established by the Depositaries the 1st day of June 2011 pursuant to Article X.4 of the Protocol amending the Convention on Mutual Administrative Assistance in Tax Matters, in English and French, both texts being equally authentic, in two copies of which one shall be deposited in the archives of each Depositary. The Depositaries shall transmit a certified copy to each Party to the Convention as amended by the Protocol and to each State entitled to become a party. PART 2 NOTIFICATION OF TERRITORIAL EXTENSION State : United Kingdom. Instrument : Convention on Mutual Administrative Assistance in Tax Matters, opened for signature in Strasbourg, on 25 January 1988 (ETS No. 127), as amended by the 2010 Protocol (CETS No. 208). Date of entry into force of the instrument : 1 June 2011. Date of entry into force in respect of the United Kingdom: 1 October 2011. Declaration of acceptance for the Cayman Islands : STE n\u00b0 127 Res.\/Decl. United Kingdom. (see Annex) Date of effect of acceptance for the Cayman Islands : 1 January 2014. Notification made in accordance with Article 32 of the Convention. Copy to all member States + Australia, Canada, Chile, Israel, Japan, Korea, Mexico, New Zealand, United States of America and OECD. Tax Information Authority Act (2021 Revision) CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS opened for signature, in Strasbourg, on 25 January 1988 as amended by the 2010 Protocol (CETS No. 208) Reservations and Declarations UNITED KINGDOM Declaration of territorial extension contained in a letter from the Secretary of State for Foreign and Commonwealth Affairs of the United Kingdom, dated 9 September 2013, registered at the Secretariat General on 25 September 2013 - Or. Engl. The Government of the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom\u2019s ratification of the Convention as amended by its Protocol shall be extended to the territory of the Cayman Islands, for whose international relations the United Kingdom is responsible. Pursuant to Article 30, paragraph 1.a, of the Convention, the Government of the Cayman Islands will not provide any form of assistance in relation to the taxes of other Parties described in Article 2, paragraph 1.b(i), (ii) or (iv), of the Convention (taxes imposed by or on behalf of political subdivisions or local authorities and social security contributions). Pursuant to Article 30, paragraph 1(b), of the Convention, the Government of the Cayman Islands will not provide assistance in the recovery of any tax claim, or in the recovery of an administrative fine, for all taxes. Annex A - Taxes to which the Convention applies For the Cayman Islands, the Convention shall apply to those taxes in Article 2, paragraph 1, which fall within: a) any of paragraphs (i) to (iii) of sub-paragraph (a); or b) paragraph (iii) of sub-paragraph (b). Annex B - Competent authorities The competent authority for the Cayman Islands shall be the Tax Information Authority or its authorised representative. Annex C - Definition of the word \\\"national\\\" for the purpose of the Convention In relation to the Cayman Islands, the term \u201cnational\u201d means any person who possesses Caymanian status under the repealed Immigration Law (2003 Revision) or any earlier law providing for the same or similar rights, and includes any person who acquires the status under Part III of the Immigration Law (2012 Revision).\u201d. Tax Information Authority Act (2021 Revision) Additional Tax Information Agreements - Brazil, Malta and Poland 4. For the purpose of setting out and giving effect to additional agreements for the provision of information in taxation matters, the principal Law is amended by inserting after Schedule 31 the following schedules \u2014 Tax Information Authority Act (2021 Revision) SCHEDULE 32 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL CONCERNING EXCHANGE OF INFORMATION ON TAX MATTERS The Government of the Cayman Islands and the Government of the Federative Republic of Brazil, desiring to conclude an Agreement concerning exchange of information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes with respect to persons subject to such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters, including criminal tax matters, in relation to such persons. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. Information shall be provided by a requested Party without regard to whether the person to whom the information relates is, or whether the information is held by, a resident or national of a Party. ARTICLE 3 Taxes covered 1. The taxes which are the subject of this Agreement are: a) in Brazil: (i) the federal income tax; b) in the Cayman Islands: (i) any tax imposed by the Cayman Islands which is substantially similar to existing taxes of Brazil to which this agreement applies. Tax Information Authority Act (2021 Revision) 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means the Cayman Islands or Brazil as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \\\"Brazil\\\" means the Federative Republic of Brazil; d) the term \\\"competent authority\\\" means: (i) in the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in Brazil, the Minister of Finance, the Secretary of the Federal Revenue or their authorized representatives; e) the term \u201cperson\u201d includes an individual, a company and any other body or group of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 Tax Information Authority Act (2021 Revision) redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d 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 applicant Party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. r) the term \u201cnational\u201d means: (i) in the case of Brazil, any individual possessing the Brazilian nationality and any legal entity or any other collective entity deriving its status as such from the laws in force in Brazil; (ii) in the case of the Cayman Islands, any individual who possesses Caymanian status or who is a British Overseas Territory Citizen by virtue of a connection with the Cayman Islands and any company, partnership, trust, estate, association or any other entity deriving its status as such from the laws in force in the Cayman Islands. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant Party with the Tax Information Authority Act (2021 Revision) 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 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 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) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations, and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain as well as, in the case of collective investment schemes or funds, information on shares, units and other interests; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a written request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party as well as the period for which the information is requested; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the Tax Information Authority Act (2021 Revision) competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. Upon reasonable written notice given in advance, a Contracting Party may, to the extent permitted under its laws, allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the prior written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the intended meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may, to the extent permitted under its laws, allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Tax Information Authority Act (2021 Revision) Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (\u201cordre public\u201d). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the prior express written consent of the competent authority of the requested Party. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs Ordinary costs (such as ordinary administrative and overhead expenses) incurred in providing assistance shall be borne by the requested Party, and direct extraordinary costs incurred in providing assistance shall be borne by the requesting Party. If the direct extraordinary costs of providing information with respect to a specific request are expected to be significant the competent authority of the requested Party shall consult with the competent authority of the applicant Party. ARTICLE 10 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreement referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 9. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 11 Entry into Force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect for criminal tax matters as well as for all other matters covered in Article 1 on the date of entry into force, for taxable periods beginning on or after that date or, where there is no taxable period, for all charges to tax arising on or after that date. ARTICLE 12 Termination 1. This Agreement shall remain in force until terminated by a Party. Either Party may after one year from the date of its entry into force terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 2. In the event of termination, both Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. All requests received up to the effective date of termination shall be dealt with in accordance with the terms of this Agreement. Tax Information Authority Act (2021 Revision) In witness whereof the undersigned, being duly authorised thereto, have signed the Agreement. Done at Brasilia, Brazil, in duplicate, this 19th day of March 2013, in the English and the Portuguese languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL: R. ANGLIN C.A.F. BARRETO Tax Information Authority Act (2021 Revision) SCHEDULE 33 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF MALTA FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS The Government of the Cayman Islands and the Government of the Republic of Malta desiring to facilitate the exchange of information with respect to taxes have agreed as follows: ARTICLE 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. This Agreement shall apply to taxes of every kind and description in the Contracting Parties. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the competent authorities Parties so agree. Furthermore, the taxes covered may be expanded or modified by mutual agreement of the Contracting Parties in the form of an exchange of letters. The competent authorities of the Contracting Parties shall notify each other Tax Information Authority Act (2021 Revision) of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: (a) the term \\\"the Cayman Islands\\\" means the territory of the  Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; (b) the term \\\"Malta\\\" means the Republic of Malta and, when used in a geographical sense, Island of Malta, the Island of Gozo and the other islands of the Maltese archipelago including the territorial waters thereof, as well as any area of the sea-bed, its sub-soil and the superjacent water column adjacent to the territorial waters, wherein Malta exercises sovereign rights, jurisdiction, or control in accordance with international law and its national law, including its legislation relating to the exploration of the continental shelf and exploitation of its natural resources; (c) the term \\\"applicant Party\\\" means the Contracting Party requesting information; (d) the term \\\"company\\\" means any body corporate or any entity that is treated as a body corporate for tax purposes; (e) the term \\\"competent authority\\\" means: (i) in the case of the Cayman Islands: the Tax Information Authority or a person or its authorized representative (ii) in the case of Malta: the Minister responsible for finance or that person\u2019s authorised representative; (f) the term \\\"Contracting Party\\\" means the Cayman Islands or Malta as the context requires; (g) the term \\\"criminal laws\\\" means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes; (h) the term \\\"criminal tax matters\\\" means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party; (i) the term \\\"information gathering measures\\\" means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the information requested; (j) the term \\\"information\\\" means any fact, statement or record in any form whatever; Tax Information Authority Act (2021 Revision) (k) the term \\\"person\\\" includes an individual, a company and any other body of persons; (l) the term \\\"principal class of shares\\\" means the class or classes of shares representing a majority of the voting power and value of the company; (m) the term \\\"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; (n) the term \\\"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; (o) the term \\\"recognised stock exchange\\\" means any stock exchange agreed upon by the competent authorities of the Contracting Parties; (p) the term \\\"requested Party\\\" means the Contracting Party requested to provide information; (q) the term \\\"tax\\\" means any tax to which this Agreement applies. 2. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. 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 all relevant information gathering measures to provide the applicant 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 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. Tax Information Authority Act (2021 Revision) 4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 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) information regarding the ownership of companies, partnerships, trusts, foundations, \\\"Anstalten\\\" and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; (c) the tax purpose for which the information is sought; (d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (e) to the extent known, the name and address of any person believed to be in possession of the requested information; (f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: Tax Information Authority Act (2021 Revision) (a) confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request; (b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first- mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. Tax Information Authority Act (2021 Revision) 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: (a) produced for the purposes of seeking or providing legal advice; or (b) produced for the purposes of use m existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy (ordre public). 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Incidence of costs incurred in providing assistance shall be agreed by the Contracting Parties. ARTICLE 10 Implementation of Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement. ARTICLE 11 Mutual Agreement Procedure Tax Information Authority Act (2021 Revision) 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5 and 6. ARTICLE 12 Entry into Force This Agreement shall enter into force when each Party has notified the other in writing of the completion of its necessary internal procedures for entry into force. Upon entry into force, it shall have effect: (a) for criminal tax matters, as from that date; and (b) for all other matters covered in Article 1, as from that date, but only in respect of taxable periods beginning on or after the first day of January immediately following the date of entry into force or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 13 Termination 1. This Agreement shall remain in force until terminated by either Party. 2. Either Party may terminate this Agreement by giving notice of termination in writing, through diplomatic channels, to the other Party. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Party. 3. If the Agreement is terminated the Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under this Agreement. IN WITNESS WHEREOF the undersigned being duly authorised in that behalf by the respective Parties, have signed the Agreement. DONE in duplicate, this twenty-fifth day of November, 2013. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF THE REPUBLIC OF MALTA: WAYNE PANTON EDWARD SCICLUNA. Tax Information Authority Act (2021 Revision) SCHEDULE 34 AGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE REPUBLIC OF POLAND FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS Whereas the Cayman Islands and the Republic of Poland recognise that present legislation already provides for cooperation and the exchange of information on tax matters; Whereas the Contracting Parties have long been active in international efforts in the fight against financial and other crimes, including the targeting of terrorist financing; Whereas it is acknowledged that the Cayman Islands under the terms of its Entrustment from the United Kingdom of Great Britain and Northern Ireland has the right to negotiate, conclude, perform and subject to the terms of this Agreement terminate a tax information exchange agreement with the Republic of Poland; Whereas the Contracting Parties wish to enhance and facilitate the terms and conditions governing the exchange of information with respect to taxes; Now, therefore, the Contracting Parties have agreed to conclude the following Agreement, which contains obligations on the part of the Cayman Islands and the Republic of Poland only. ARTICLE 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement, including information that is foreseeably relevant to the determination, assessment and collection of tax with respect to persons subject to such taxes, the recovery and enforcement of tax claims, or the investigation of tax matters or prosecution of criminal tax matters in relation to such persons. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. Tax Information Authority Act (2021 Revision) ARTICLE 3 Taxes Covered 1. This Agreement shall apply to the following taxes imposed by the Contracting Parties: a) in the case of the Cayman Islands: i)taxes of every kind and description. b) in the case of Poland: i)the personal income tax; ii)the corporate income tax; 2. This Agreement shall apply also to any identical or substantially similar taxes imposed after the date of signature of the Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes in their laws which may affect the obligations of that Contracting Party pursuant to this Agreement. ARTICLE 4 Definitions 1. In this Agreement: a) the term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; b) the term \\\"Poland\\\" means the Republic of Poland and, when used in a geographical sense, means the territory of the Republic of Poland, and any area adjacent to the territorial waters of the Republic of Poland within which, under the laws of Poland and in accordance with international law, the rights of Poland with respect to the exploration and exploitation of the natural resources of the seabed and its sub-soil may be exercised; c) the term \u201cContracting Party\u201d means the Cayman Islands or Poland, as the context requires; d) the term \u201ccompetent authority\u201d means: i) in the case of the Cayman Islands, the Tax Information Authority or a person or authority designated by it; ii) in the case of Poland, the Minister of Finance or that person\u2019s authorised representative. e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; Tax Information Authority Act (2021 Revision) g) the term \u201cpublicly traded company\u201d means any company whose principal class of shares is listed on a recognized stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognized stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party and includes all cases where a person has been notified that proceedings concerning those matters have been initiated against that person; r) the term \u201ccriminal laws\u201d 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. 2. As regards the application of this Agreement at any time by a Contracting 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 Exchange of Information Upon Request 1. The competent authority of the requested Party shall provide upon request by the competent authority of the applicant Party information for the purposes referred to in Tax Information Authority Act (2021 Revision) 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 it had occurred in the territory of the requested Party. 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 all relevant information gathering measures to provide the competent authority of the applicant Party with the information requested, notwithstanding that the requested Party may not need such information for its own tax purposes. If specifically requested by the competent authority of the 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 of the Agreement, have the authority to obtain and provide upon request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; b) information regarding the legal and beneficial ownership of companies, partnerships, trusts, foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain, in particular: i) in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries; Provided that this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. Any request for information shall be formulated with the greatest possible detail and shall specify in writing: a) the identity of the person under examination or investigation; b) the period for which the information is requested; c) the nature of the information requested; d) the tax purpose for which the information is sought; e) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; f) to the extent known, the name and address of any person believed to be in possession of the requested information; Tax Information Authority Act (2021 Revision) g) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; h) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) confirm receipt of the request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of any deficiencies in the request within 60 days of receipt of the request, and b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. With reasonable notice the applicant Party may request that the requested Party allow representatives of the competent authority of the applicant Party to enter the territory of the requested Party, to interview individuals and examine records, to the extent permitted under its domestic laws. The competent authority of the applicant Party shall notify the competent authority of the requested Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of the applicant Party, the competent authority of the requested Party may allow representatives of the competent authority of the applicant Party to attend a tax examination in the territory of the requested Party. 3. If the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the applicant Party of the time and place of the examination, the authority or person authorized to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the tax examination shall be made by the requested Party conducting the examination. Tax Information Authority Act (2021 Revision) ARTICLE 7 Possibility of Declining a Request 1. The competent authority of the requested Party may decline to assist, where: a) the request is not made in conformity with this Agreement; b) the applicant Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; c) the disclosure of the information requested would be contrary to public policy (ordre public). 2. This Agreement shall not impose on a requested Party any obligation to provide items subject to legal privilege, or information which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information described in  Article 5 (4) shall not by reason of that fact alone be treated as such a secret or trade process. 3. In no case shall the provisions of this Agreement be construed so as to impose on a Contracting Party the obligation to supply information which is not obtainable under the laws or in the normal course of the administration of that or the other Contracting Party. 4. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 5. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national or citizen of the requested Party as compared with a national or citizen of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality 1. Any information provided and received by the competent authorities of the Contracting Parties shall be kept confidential. 2. Information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in the Article 1, and used by such persons or authorities only for such purposes, the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial decisions. 3. Information may not be used for any purpose other than for the purposes stated in Article 1 without the express written consent of the competent authority of the requested Party. Tax Information Authority Act (2021 Revision) 4. The information provided to an applicant Party under this Agreement may not be disclosed to any other jurisdiction. ARTICLE 9 Costs Unless the competent authorities of the Parties otherwise agree, ordinary costs incurred in providing assistance shall be borne by the requested Party. The respective competent authorities shall consult periodically with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the applicant Party if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 10 Language Requests for assistance, the responses thereto and any other written communication between the competent authorities shall be drawn up in English. As regards other documents or files to be provided, the competent authorities shall consult whether and to what extent translation into the English language is indeed required. ARTICLE 11 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of the Agreement, the respective competent authorities shall use their best efforts to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6, and 9. 3. The Contracting Parties shall endeavour to agree on other forms of dispute resolution should this become necessary. ARTICLE 12 Entry into Force 1. The Contracting Parties shall notify each other in writing of the completion of procedures required by the respective laws for the entry into force of this Agreement. 2. This Agreement shall enter into force on the date of the later of the notifications referred to in paragraph 1 of this Article and shall thereupon have effect forthwith. ARTICLE 13 Termination 1. This Agreement is concluded for unspecified time. It may be terminated by the notification by either Contracting Party; in such a case it shall cease to be in force after three months from after the date of receipt of the notification by the other Contracting Party. Tax Information Authority Act (2021 Revision) 2. All requests received by the Contracting Parties up to effective day of termination will be dealt in accordance with the terms of this Agreement. 3. If the Agreement is terminated the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. In witness whereof the undersigned, duly authorised thereto by their respective Governments, have signed the Agreement. Done in duplicate at London this twenty-ninth day of November, 2013, in the English and Polish languages, both texts being equally authentic. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF POLAND: WAYNE PANTON WITOLD SOBKOW\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 35 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF SEYCHELLES CONCERNING EXCHANGE OF INFORMATION RELATING TO TAXES The Government of the Cayman Islands and the Government of the Republic of Seychelles, desiring to facilitate the exchange of information with respect to certain taxes, have agreed as follows: ARTICLE 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable. The requested Party shall use its best endeavours to ensure that any such rights and safeguards are not applied in a manner that unduly prevents or delays effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes Covered 1. This Agreement applies to existing taxes of every kind and description imposed by either Contracting Party. 2. This Agreement shall also apply to any identical or substantially similar taxes imposed after the date of signature of this Agreement in addition to, or in place of, the existing taxes. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by this Agreement. Tax Information Authority Act (2021 Revision) ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless otherwise defined: a) the term \u201cContracting Party\u201d means the Cayman Islands or Seychelles as the context requires; b) the term \\\"the Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; a. the term \u201cSeychelles\u201d means the territory of the Republic of Seychelles including its exclusive economic zone and continental shelf where Seychelles exercises sovereign rights and jurisdiction in conformity with the provisions of the United Nations Convention on the Law of the Sea; b. the term \u201cContracting Party\u201d means the Cayman Islands or Seychelles as the context requires; c. the term \u201ccompetent authority\u201d means (i) in the case of Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in the case of Seychelles, the Minister responsible for Finance or that person\u2019s authorised representative; d. the term \u201cperson\u201d includes an individual, a company and any other body of persons; e. the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; f. the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; g. the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; h. the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; i. the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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. Tax Information Authority Act (2021 Revision) Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; j. the term \u201ctax\u201d means any tax to which this Agreement applies; k. the term \u201capplicant Party\u201d means the Contracting Party requesting information; l. the term \u201crequested Party\u201d means the Contracting Party requested to provide information; m. the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; n. the term \u201cinformation\u201d means any fact, statement or record in any form whatever; o. the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party; p. the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes; 2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined herein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party. ARTICLE 5 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 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. 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 all relevant information gathering measures to provide the applicant 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 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. Tax Information Authority Act (2021 Revision) 4. Each Contracting Party shall ensure that its competent authorities for the purposes specified in Article 1 of 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) information regarding the ownership of companies, partnerships, trusts, foundations and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information in writing to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) the grounds for believing that the information requested is held in the territory of the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of its administrative practice and that it is in conformity with this Agreement; and g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested Tax Information Authority Act (2021 Revision) information as promptly as possible to the applicant Party. To ensure a prompt response, the competent authority of the requested Party shall: a) Confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request. b) If the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax Examinations Abroad 1. The requested Party may allow representatives of the competent authority of the applicant Party to enter the territory of the requested Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the applicant Party shall notify the competent authority of the requested Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of the applicant Party, the competent authority of the requested Party may allow representatives of the competent authority of the applicant Party to be present at the appropriate part of a tax examination in the territory of the requested Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the applicant Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the requested Party conducting the examination. ARTICLE 7 Possibility of Declining a Request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The Competent Authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, Tax Information Authority Act (2021 Revision) industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice; or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality 1. Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. 2. Where information provided pursuant to this Agreement for a criminal tax purpose is to be used subsequently for a non-criminal tax purpose (and vice versa) the Competent Authority which supplied the information shall be notified of this change either before the change is made where this does not give rise to disproportionate difficulties, or within a reasonable time of the change taking effect. Tax Information Authority Act (2021 Revision) ARTICLE 9 Costs 1. Each Contracting Party agrees to reimburse the other for all direct extraordinary costs incurred in providing assistance pursuant to this Agreement. ARTICLE 10 Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of this Agreement. ARTICLE 11 Mutual Agreement Procedure 1. Where difficulties or doubts arise between the Contracting Parties regarding the implementation or interpretation of this Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 9. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 12 Entry into Force Each of the Contracting Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. This Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) for criminal tax matters, on the date of entry into force, for all taxable periods beginning on or after that date or, where there is no taxable period, for all charges to tax arising on or after that date; b) with respect to all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 13 Termination 1. Either Contracting Party may terminate the Agreement by serving a notice of termination through diplomatic channels. Tax Information Authority Act (2021 Revision) 2. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notice of termination by the other Contracting Party. 3. If the Agreement is terminated the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. DONE in duplicate, this 12th day of February 2014. For the Government of the Cayman Islands: For the Government of the Republic of Seychelles: WAYNE PANTON P. LAPORTE Tax Information Authority Act (2021 Revision) SCHEDULE 36 AGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE KINGDOM OF BELGIUM FOR THE EXCHANGE OF INFORMATION ON TAX MATTERS DESIRING to conclude an Agreement for the exchange of information on tax matters, have agreed as follows: ARTICLE 1 Object and scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A Requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. THE CAYMAN ISLANDS, on the one hand, AND THE KINGDOM OF BELGIUM, THE FLEMISH COMMUNITY, THE FRENCH COMMUNITY, THE GERMAN-SPEAKING COMMUNITY, THE FLEMISH REGION, THE WALLOON REGION, and THE BRUSSELS-CAPITAL REGION, on the other hand, Tax Information Authority Act (2021 Revision) ARTICLE 3 Taxes covered 1. This Agreement shall apply to taxes of every kind and description imposed on behalf of the Contracting Parties, or of their political subdivisions or local authorities. 2. This Agreement shall also apply to any identical taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. This Agreement shall also apply to any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes if the competent authorities of the Contracting Parties so agree. The competent authorities of the Contracting Parties shall notify each other of any substantial changes to the taxation and related information gathering measures covered by the Agreement. ARTICLE 4 Definitions 12. For the purposes of this Agreement, unless otherwise defined: a. the term \u201cContracting Party\u201d means the Cayman Islands or Belgium as the context requires; b) the term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which in accordance with international law the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; c) the term \u201cBelgium\u201d means the Kingdom of Belgium; used in a geographical sense, it means the territory of the Kingdom of Belgium, including the territorial sea and any other area in the sea and in the air within which the Kingdom of Belgium, in accordance with international law, exercises sovereign rights or its jurisdiction; d) the term \u201ccompetent authority\u201d means: (i) in the case of the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in the case of Belgium, as the case may be, the Minister of Finance of the Federal Government and\/or of the Government of a Region and\/or of a Community, or that person\u2019s authorised representative; e) the term \u201cperson\u201d includes an individual, a company and any other body of persons; f) the term \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; g) the term \u201cpublicly traded company\u201d 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 \u201cby the public\u201c if the purchase or sale of shares is not Tax Information Authority Act (2021 Revision) implicitly or explicitly restricted to a limited group of investors; h) the term \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; i) the term \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Contracting Parties; j) the term \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201c 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 \u201cby the public\u201c if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; k) the term \u201ctax\u201d means any tax to which the Agreement applies; l) the term \u201capplicant Party\u201d means the Contracting Party requesting information; m) the term \u201crequested Party\u201d means the Contracting Party requested to provide information; n) the term \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information; o) the term \u201cinformation\u201d means any fact, statement or record in any form whatever; p) the term \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant party; q) the term \u201ccriminal laws\u201d means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes. 13. As regards the application of this Agreement at any time by a Contracting 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 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 conduct being investigated would constitute a crime under the laws of the requested Party if such conduct occurred in the requested Party. Tax Information Authority Act (2021 Revision) 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 all relevant information gathering measures to provide the applicant 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 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 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. information regarding the ownership of companies, partnerships, trusts, foundations, \u201cAnstalten\u201c and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees and beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. 5. The competent authority of the applicant Party shall provide the following information to the competent authority of the requested Party when making a request for information under the Agreement to demonstrate the foreseeable relevance of the information to the request: a) the identity of the person under examination or investigation; b) a statement of the information sought including its nature and the form in which the applicant Party wishes to receive the information from the requested Party; c) the tax purpose for which the information is sought; d) grounds for believing that the information requested is held in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; e) to the extent known, the name and address of any person believed to be in possession of the requested information; f) a statement that the request is in conformity with the law and administrative practices of the applicant Party, that if the requested information was within the jurisdiction of the applicant Party then the competent authority of the applicant Party would be able to obtain the information under the laws of the applicant Party or in the normal course of administrative practice and that it is in conformity with this Agreement; Tax Information Authority Act (2021 Revision) g) a statement that the applicant Party has pursued all means available in its own territory to obtain the information, except those that would give rise to disproportionate difficulties. 6. The competent authority of the requested Party shall forward the requested information as promptly as possible to the applicant Party. To ensure a prompt response,: a) the competent authority of the requested Party shall confirm receipt of a request in writing to the competent authority of the applicant Party and shall notify the competent authority of the applicant Party of deficiencies in the request, if any, within 60 days of the receipt of the request; b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the applicant Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax examinations abroad 1. A Contracting Party may allow representatives of the competent authority of the other Contracting Party to enter the territory of the first-mentioned Party to interview individuals and examine records with the written consent of the persons concerned. The competent authority of the second-mentioned Party shall notify the competent authority of the first-mentioned Party of the time and place of the meeting with the individuals concerned. 2. At the request of the competent authority of one Contracting Party, the competent authority of the other Contracting Party may allow representatives of the competent authority of the first-mentioned Party to be present at the appropriate part of a tax examination in the second-mentioned Party. 3. If the request referred to in paragraph 2 is acceded to, the competent authority of the Contracting Party conducting the examination shall, as soon as possible, notify the competent authority of the other Party about the time and place of the examination, the authority or official designated to carry out the examination and the procedures and conditions required by the first-mentioned Party for the conduct of the examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. ARTICLE 7 Possibility of declining a request 1. The requested Party shall not be required to obtain or provide information that the applicant Party would not be able to obtain under its own laws for purposes of the administration or enforcement of its own tax laws. The competent authority of the requested Party may decline to assist where the request is not made in conformity with this Agreement. Tax Information Authority Act (2021 Revision) 2. The provisions of this Agreement shall not impose on a Contracting Party the obligation to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process. Notwithstanding the foregoing, information of the type referred to in Article 5, paragraph 4, shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph. 3. The provisions of this Agreement shall not impose on a Contracting Party the obligation to obtain or provide information, which would reveal confidential communications between a client and an attorney, solicitor or other admitted legal representative where such communications are: a) produced for the purposes of seeking or providing legal advice or b) produced for the purposes of use in existing or contemplated legal proceedings. 4. The requested Party may decline a request for information if the disclosure of the information would be contrary to public policy. 5. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 6. The requested Party may decline a request for information if the information is requested by the applicant Party to administer or enforce a provision of the tax law of the applicant Party, or any requirement connected therewith, which discriminates against a national of the requested Party as compared with a national of the applicant Party in the same circumstances. ARTICLE 8 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the requested Party. ARTICLE 9 Costs Unless the competent authorities of the Contracting Parties otherwise agree, indirect costs incurred in providing assistance shall be borne by the requested Party, and direct costs incurred in providing assistance (including costs of engaging external advisers in connection with litigation or otherwise) shall be borne by the applicant Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of the applicant Party in advance where the costs of providing Tax Information Authority Act (2021 Revision) information with respect to a specific request are expected to be significant. ARTICLE 10 Implementation legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement. ARTICLE 11 Language Requests for assistance and answers thereto shall be drawn up in the English language. ARTICLE 12 Other international agreements or arrangements The possibilities of assistance provided by this Agreement do not limit, nor are they limited by, those contained in existing international agreements or other arrangements between the Contracting Parties which relate to co-operation in tax matters. ARTICLE 13 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of the Agreement, the competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Contracting Parties may mutually agree on the procedures to be used under Articles 5, 6 and 9. 3. The competent authorities of the Contracting Parties may communicate with each other directly for purposes of reaching agreement under this Article. 4. The Contracting Parties may also agree on other forms of dispute resolution. ARTICLE 14 Entry into force Each of the Contracting Parties shall notify to the other the completion of the procedures required by its law for the bringing into force of this Agreement. The Agreement shall enter into force on the date of the later of these notifications, and shall have effect: a) for criminal tax matters on that date; and b) for all other matters covered in Article 1, on that date, but only in respect of taxable periods beginning on or after that date, or, where there is no taxable period, all charges to tax arising on or after that date. ARTICLE 15 Termination 1. Either Contracting Party may terminate the Agreement by serving a notice of termination either through diplomatic channels or by letter to the competent authority of the other Contracting Party. Tax Information Authority Act (2021 Revision) 2. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of notice of termination by the other Contracting Party. All requests for information received up to the effective date of termination will be dealt with in accordance with the terms of this Agreement. 3. After termination of the Agreement, the Contracting Parties shall remain bound by the provisions of Article 8 with respect to any information obtained under the Agreement. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Agreement. DONE in duplicate at George Town, Grand Cayman, Cayman Islands on the twenty-fourth day of April 2014, in the English language. For the Cayman Islands: For the Kingdom Of Belgium: For the Flemish Community: For the French Community: For the German-Speaking Community: For the Flemish Region: For the Walloon Region: For the Brussels-Capital Region: WAYNE PANTON G. VAN DEN BERGH Tax Information Authority Act (2021 Revision) SCHEDULE 37 AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE ISLE OF MAN FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS The Government of the Cayman Islands and the Government of the Isle of Man have agreed to conclude the following Agreement for the exchange of information relating to tax matters which contains obligations on the part of the Parties only: ARTICLE 1 Object and scope of the agreement The Parties, through their competent authorities, shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Parties concerning taxes covered by this Agreement, including information that is foreseeably relevant to the determination, assessment or collection of such taxes, the recovery and enforcement of tax claims, or the investigation of tax matters or the prosecution of criminal tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 10. The rights and safeguards secured to persons by the laws or administrative practice of the requested Party remain applicable to the extent that they do not unduly prevent or delay effective exchange of information. ARTICLE 2 Jurisdiction A requested Party is not obligated to provide information which is neither held by its authorities nor in the possession or control of persons who are within its territorial jurisdiction. ARTICLE 3 Taxes covered 1. This Agreement shall apply to the following taxes imposed a) by the Isle of Man: (i) the Income Tax, and (ii) Value Added Tax, b) by the Cayman Islands, any tax imposed by the Cayman Islands which is substantially similar to existing taxes of the Isle of Man to which this Agreement applies. 2. This Agreement shall also apply to any identical or any substantially similar taxes imposed after the date of signature of the Agreement in addition to or in place of the existing taxes. The competent authority of each Party shall notify the other of any substantial changes to the taxation and related information gathering Tax Information Authority Act (2021 Revision) measures which may affect the obligations of that Party pursuant to this Agreement. ARTICLE 4 Definitions 1. For the purposes of this Agreement, unless the context otherwise requires: a) \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within which, in accordance with international law, the rights of the Cayman Islands with respect to the seabed and sub-soil and their natural resources may be exercised; b) \u201cthe Isle of Man\u201d means the island of the Isle of Man, including its territorial sea, in accordance with international law; c) \u201ccollective investment fund or scheme\u201d means any pooled investment vehicle, irrespective of legal form. The term \u201cpublic collective investment fund or scheme\u201d 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 \u201cby the public\u201d if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; d) \u201ccompany\u201d means any body corporate or any entity that is treated as a body corporate for tax purposes; e) \u201ccompetent authority\u201d means: (i) in the case of the Cayman Islands, the Tax Information Authority or a person or authority designated by it; (ii) in the case of the Isle of Man, the Assessor of Income Tax or that person\u2019s delegate; f) \u201ccriminal laws\u201d 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; g) \u201ccriminal tax matters\u201d means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the requesting Party; h) \u201cinformation\u201d means any fact, statement or record in any form whatever; i) \u201cinformation gathering measures\u201d means laws and administrative or judicial procedures that enable a requested Party to obtain and provide the requested information; Tax Information Authority Act (2021 Revision) j) \u201cParty\u201d means the Cayman Islands or the Isle of Man as the context requires; k) \u201cperson\u201d includes an individual, a company and any other body or group of persons; l) \u201cprincipal class of shares\u201d means the class or classes of shares representing a majority of the voting power and value of the company; m) \u201cpublicly traded company\u201d 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 \u201cby the public\u201d if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors; n) \u201crecognised stock exchange\u201d means any stock exchange agreed upon by the competent authorities of the Parties; o) \u201crequested Party\u201d means the Party to this Agreement requested to provide, or which has provided, information in response to a request; p) \u201crequesting Party\u201d means the Party to this Agreement submitting a request for information or having received information from the requested Party; q) \u201ctax\u201d means any tax to which the Agreement applies. 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 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 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 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 within 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 Tax Information Authority Act (2021 Revision) 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 Party shall ensure that it has the authority, subject to the terms of Article 1, and within the constraints of Article 2, to obtain and provide, through its competent authorities and upon request: a) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; b) (i) information regarding the beneficial ownership of companies, partnerships, foundations and other persons, including in the case of collective investment schemes, information on shares, units and other interests; (ii) in the case of trusts, information on settlors, trustees, protectors, enforcers and beneficiaries, provided that this Agreement does not create an obligation for a Party to obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes, 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 for which the information is requested; c) a statement of the information sought including its nature and the form in which the requesting Party wishes to receive it; d) the tax purpose for which the information is sought; e) the reasons for believing 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) the grounds for believing that the information requested is held in the requested Party or is in the possession of or obtainable by a person within the jurisdiction of the requested Party; Tax Information Authority Act (2021 Revision) g) to the extent known, the name and address of any person believed to be in possession of or able to obtain the requested information; h) a statement that the request is in conformity with the laws and administrative practices of the requesting Party, that if the requested information was within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement; i) a statement that the requesting Party has pursued all means available in its own territory to obtain the information, except where that would give rise to disproportionate difficulty. 6. The competent authority of the requested Party shall use its best endeavours to forward the requested information to the requesting Party with the least possible delay. To ensure a prompt response, the competent authority of the requested Party shall: a) confirm receipt of a request in writing to the competent authority of the requesting Party and shall notify the competent authority of the requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request, b) if the competent authority of the requested Party has been unable to obtain and provide the information within 90 days of receipt of the complete request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the competent authority of the requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. ARTICLE 6 Tax examinations abroad 1. With reasonable notice, the requesting Party may request that the requested Party allow representatives of the competent authority of the requesting Party to enter the territory of the requested Party, to the extent permitted under its domestic laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned. The competent authority of the requesting Party shall notify the competent authority of the requested Party of the time and place of the intended meeting with the individuals concerned. 2. At the request of the competent authority of the requesting Party, the competent authority of the requested Party may permit representatives of the competent Tax Information Authority Act (2021 Revision) authority of the requesting Party to attend a tax examination in the territory of the requested Party. 3. If the request referred to in paragraph 2 is granted, the competent authority of the requested Party conducting the examination shall, as soon as possible, notify the competent authority of the requesting Party of the time and place of the examination, the authority or person authorised to carry out the examination and the procedures and conditions required by the requested Party for the conduct of the examination. All decisions regarding the conduct of the examination shall be made by the requested Party conducting the examination. ARTICLE 7 Possibility of declining a request 1. The competent authority of the requested Party may decline to assist: a) where the request is not made in conformity with this Agreement; b) where the requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or c) where the disclosure of the information requested would be contrary to public policy. 2. This Agreement shall not impose on a requested Party the obligation to provide information subject to legal privilege or which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information of the type referred to in Article 5, paragraph 4 shall not by reason of that fact alone be treated as such a secret or trade process. 3. A request for information shall not be refused on the ground that the tax claim giving rise to the request is disputed. 4. The requested Party shall not be required to obtain or provide information which, if the requested information was within the jurisdiction of the requesting Party, the competent authority of the requesting Party would not be able to obtain under its own laws or in the normal course of administrative practice. 5. The requested Party may decline a request for information if the information is requested by the requesting Party to administer or enforce a provision of the tax law of the requesting Party, or any requirement connected therewith, which discriminates against a national or citizen of the requested Party as compared with a national or citizen of the requesting Party in the same circumstances. Tax Information Authority Act (2021 Revision) ARTICLE 8 Automatic exchange of information 1. The competent authorities of the Parties may automatically transmit information to each other for the purposes referred to in Article 1. The competent authorities shall determine the items of information to be exchanged pursuant to this Article and the procedures to be used to exchange such items of information. 2. The competent authorities of the Parties may mutually agree on additional procedures to be used for the purposes of this Article. ARTICLE 9 Spontaneous exchange of information The competent authority of a Party may spontaneously transmit to the competent authority of the other Party information that has come to the attention of the first-mentioned competent authority and that the first-mentioned competent authority supposes to be foreseeably relevant to the accomplishment of the purposes referred to in Article 1. The competent authorities shall determine the procedures to be used to exchange such information. ARTICLE 10 Confidentiality 1. All information provided and received by the competent authorities of the Parties shall be kept confidential. 2. Such information shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the purposes specified in Article 1, and used by such persons or authorities only for such purposes, including the determination of any appeal. For these purposes, information may be disclosed in public court proceedings or in judicial decisions. 3. Such information may not be used for any purpose other than for the purposes stated in Article 1 without the express written consent of the competent authority of the requested Party. 4. Information provided to a requesting Party under this Agreement may not be disclosed to any other jurisdiction. ARTICLE 11 Costs Unless the competent authorities of the Parties otherwise agree, indirect costs incurred in providing assistance shall be borne by the requested Party, and direct costs incurred in providing assistance (including costs of engaging external advisors in connection with litigation or otherwise) shall be borne by the requesting Party. The respective competent authorities shall consult from time to time with regard to this Article, and in particular the competent authority of the requested Party shall consult with the competent authority of Tax Information Authority Act (2021 Revision) the requesting Party in advance if the costs of providing information with respect to a specific request are expected to be significant. ARTICLE 12 Mutual agreement procedure 1. Where difficulties or doubts arise between the Parties regarding the implementation or interpretation of this Agreement, the respective competent authorities shall endeavour to resolve the matter by mutual agreement. 2. In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5, 6, 8, 9 and 11. 3. The competent authorities of the Parties may communicate with each other directly for purposes of reaching agreement under this Article. ARTICLE 13 Entry into force 1. Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for the entry into force of this Agreement. 2. The Agreement shall enter into force on the thirtieth day after the receipt of the later of these notifications and shall thereupon have effect: a) with respect to criminal tax matters for taxable periods beginning on or after 1 September 2005  or, where there is no taxable period, for all charges to tax arising on or after 1 September 2005; b) for all other matters covered in Article 1, for taxable periods beginning on or after the first day of January of the year next following the date on which the Agreement enters into force, or where there is no taxable period, for all charges to tax arising on or after the first day of January of the year next following the date on which the Agreement enters into force. ARTICLE 14 Termination 1. This Agreement shall remain in force until terminated by a Party. 2. Either Party may terminate the Agreement by giving written notice of termination to the other Party. In such case, the Agreement shall cease to have effect on the first day of the month following the end of the period of six months after the date of receipt of notice of termination by the other Party. 3. In the event of termination, both Parties shall remain bound by the provisions of Article 10 with respect to any information obtained under the Agreement. Tax Information Authority Act (2021 Revision) IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed the Agreement. DONE at George Town, Grand Cayman, Cayman Islands on this 10th day of September of two thousand and fifteen and at Douglas on this 22nd day of September of two thousand and fifteen, in duplicate in the English language. For the Government of the Cayman Islands: For the Government of the Isle of Man: WAYNE PANTON W. E. TEARE\u201d. Tax Information Authority Act (2021 Revision) SCHEDULE 38 PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE STATES OF GUERNSEY FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS, SIGNED ON 29TH JULY 2011 The Government of the Cayman Islands and the States of Guernsey (hereinafter \u201cthe Parties\u201d), Desiring to amend the Agreement between the Government of the Cayman Islands and the States of Guernsey for the Exchange of Information Relating to Tax Matters, signed on 29th July 2011, Have agreed as follows: ARTICLE I The following shall be added after Article 5 (Exchange of Information Upon Request): ARTICLE 5A Automatic Exchange of Information 1. The competent authorities of the Parties may automatically transmit information to each other for the purposes referred to in Article 1 (Object and Scope of the Agreement). The competent authorities shall determine the items of information to be exchanged pursuant to this Article and the procedures to be used to exchange such items of information. 2. The competent authorities of the Parties may mutually agree on additional procedures to be used for the purposes of this Article. ARTICLE 5B Spontaneous Exchange of Information The competent authority of a Party may spontaneously transmit to the competent authority of the other Party information that has come to the attention of the first-mentioned competent authority and that the first-mentioned competent authority supposes to be foreseeably relevant to the accomplishment of the purposes referred to in Article 1 (Object and Scope of the Agreement).  The competent authorities shall determine the procedures to be used to exchange such information.\u201d ARTICLE II Paragraph 2 of Article 10 (Mutual agreement procedure) is revised as follows: Tax Information Authority Act (2021 Revision) \\\"In addition to the agreements referred to in paragraph 1, the competent authorities of the Parties may mutually agree on the procedures to be used under Articles 5, 5A, 5B, 6 and 8.\\\". ARTICLE III The Parties shall notify each other in writing when their necessary internal procedures for entry into force of this Protocol have been completed.  This Protocol shall enter into force on the date of the later of such written notifications. In witness whereof, the undersigned being duly authorized thereto have signed this Protocol. Done at George Town, Grand Cayman, Cayman Islands on this 10th day of September 2015, and at St. Peter Port, Guernsey, this 8th day of October, 2015, in duplicate, in the English language. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE STATES OF GUERNSEY WAYNE PANTON JP LE TOCQ Tax Information Authority Act (2021 Revision) SCHEDULE 39 PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE GOVERNMENT OF THE ISLE OF MAN FOR THE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS The Government of the Cayman Islands and the Government of the Isle of Man, Desiring to amend the Agreement between the Government of the Cayman Islands and the Government of the Isle of Man for the Exchange of Information Relating to Tax Matters, signed at George Town on 10 September 2015 and at Douglas on 22 September 2015 (hereinafter referred to as \\\"the TIEA\u2019\u2019), Considering that the Cayman Islands and the Isle of Man have committed to automatically exchange information in\/as of 2017 and that, in order to be able to automatically exchange information under Article 8 of the TIEA in accordance with the timeline to which they have committed, the Cayman Islands and the Isle of Man signed a bilateral Competent Authority Agreement on Automatic Exchange of Financial Account Information on 25 September 2015, Have agreed as follows: ARTICLE 1 1. Paragraph 2.b) of Article 13 (Entry into force) of the TIEA shall be deleted and replaced with: \u201cb) with respect to automatically transmitting information under Article 8 for periods beginning on or after 1January 2016; and\u201d; 2. After paragraph 2.b) of Article 13 (Entry into force) of the TIEA insert: \u201cc) for all others matters covered in Article 1, for taxable periods beginning on or after 1 January 2016, or where there is no taxable period, for all charges to tax arising on or after 1 January 2016.\u201d. ARTICLE 2 Each of the Parties shall notify the other in writing of the completion of the procedures required by its law for entry into force of this Protocol. The Protocol shall enter into force on the date of the later of such written notifications. ARTICLE 3 This Protocol, which shall form an integral part of the TIEA, shall remain in force as long as the TIEA remains in force and shall apply as long as the TIEA itself is applicable. IN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their respective Governments, have signed this Protocol. Tax Information Authority Act (2021 Revision) Done at Douglas, Isle of Man on 2nd day of February of two thousand and sixteen and at George Town, Grand Cayman, Cayman Islands this 14th day of March of two thousand and sixteen, in duplicate in the English language. FOR THE GOVERNMENT OF THE CAYMAN ISLANDS: FOR THE GOVERNMENT OF THE ISLE OF MAN: G. WAYNE PANTON W. E. TEARE\u201d. Publication in consolidated and revised form authorised by the Cabinet this 5th day of January, 2021. Kim Bullings Clerk of the Cabinet Tax Information Authority Act (2021 Revision) ENDNOTES ENDNOTES Table of Legislation history: SL # Law # Legislation Commencement Gazette 56\/2020 Citation of Acts of Parliament Act, 2020 3-Dec-2020 LG89\/2020\/s1 27\/2020 Tax Information Authority (Amendment) Law, 2020 7-Jul-2020 LG49\/2020\/s3 Tax Information Authority Law (2017 Revision) 31-May-2017 GE45\/2017\/s35 Tax Information Authority (Amendment) Law, 2016 (Commencement) Order, 2016 16-Dec-2016 GE100\/2016\/s1 1\/2016 Tax Information Authority (Amendment) Law, 2016 16-Dec-2016 GE45\/2016\/s1 Tax Information Authority Law (2016 Revision) 2-Sep-2016 GE69\/2016\/s22 25\/2016 Tax Information Authority (Tax Information Agreements) Order, 2016 GE48\/2016\/s1 Tax Information Authority Law (2014 Revision) 7-Nov-2014 GE83\/2014\/s4 12\/2014 Tax Information Authority (Amendment) (No. 2) Law, 2014 1-Jul-2014 GE47\/2014\/s1 9\/2014 Tax Information Authority (Amendment) Law, 2014 21-May-2014 GE35\/2014\/s4 75\/2014 Tax Information Authority (Tax Information Agreements) Order, 2014 14-Mar-2014 GE17\/2014\/s1 21\/2013 Tax Information Authority (Tax Information Agreements) Order, 2013 8-May-2013 GE38\/2013\/s1 9\/2012 Tax Information Authority (Tax Information Agreements) Order, (No. 2) 2011 13-Feb-2012 G4\/2012\/s1 23\/2011 Tax Information Authority (Tax Information Agreements) Order, 2011 10-Oct-2011 G21\/2011\/s1 39\/2010 Tax Information Authority (Tax Information Agreements) (No. 2) Order, 2010 7-Dec-2010 G85\/2010\/s1 13\/2010 Tax Information Authority (Tax Information Agreements) Order, 2010 26-Apr-2010 G9\/2010\/s5 28\/2009 Tax Information Authority (Tax Information Agreements) Order, 2009 14-Sep-2009 G19\/2009\/s2 Tax Information Authority Law (2013 Revision) 21-Oct-2013 G21\/2013\/s15 11\/2012 Tax Information Authority (Amendment) Law, 2012 17-Sep-2012 GE90\/2012\/s14 Tax Information Authority Law (2009 Revision) 20-Jul2009 G15\/2009\/s9 13\/2009 Tax Information Authority (Scheduled Countries) (No. 3) Order, 2009 30-Mar-2009 GE20\/2009\/s1 12\/2009 Tax Information Authority (Scheduled Countries) (No. 2) Order, 2009 25-Mar-2009 GE18\/2009\/s2 10\/2009 Tax Information Authority (Scheduled Countries) Order, 2009 19-Mar-2009 GE16\/2009\/s2 ENDNOTES Tax Information Authority Act (2021 Revision) SL # Law # Legislation Commencement Gazette 20\/2008 Tax Information Authority (Amendment) Law, 2008 31-Dec-2008 GE51\/2008\/s1 Tax Information Authority Law, 2005 (Commencement) Order, 2005 31-Aug-2005 GE31\/2005\/s1 1\/2005 Tax Information Authority Law, 2005 1-Sep-2005 G7\/2005\/s1 (Price: $67.20)\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2021_02_25\", \"date\": \"2021-02-25\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": 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{\"title\": \"Tax Information Authority Act\", \"actNumber\": \"1 of 2005\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nTAX INFORMATION AUTHORITY ACT\n(2021 Revision)\n\nSupplement No. 3 published with Legislation Gazette No. 18 of 25th February, 2021.\n\nPage 2\nRevised as at 31st December, 2020\nc\n\nPUBLISHING DETAILS\nLaw 1 of 2005 consolidated with Law 20 of 2008 and with the Tax Information Authority\n(Scheduled Countries) Order, 2009, the Tax Information Authority (Scheduled Countries)\n(No.2) Order, 2009, the Tax Information Authority (Scheduled Countries) (No. 3) Order,\n2009, the Tax Information Authority (Tax Information Agreements) Order, 2009, the Tax\nInformation Authority (Tax Information Agreements) Order, 2010, the Tax Information\nAuthority (Tax Information Agreements) (No. 2) Order, 2010, the Tax Information\nAuthority (Tax Information Agreements) Order, 2011, the Tax Information Authority (Tax\nInformation Agreements) Order, (No. 2) 2011, Law 11 of 2012  the Tax Information\nAuthority (Tax Information Agreements) Order, 2013, the Tax Information Authority (Tax\nInformation Agreements) Order, 2014, the Tax Information Authority (Tax Information\nAgreements) Order, 2016, Law 9 of 2014, Law 12 of 2014, Law 1 of 2016, Law 27 of 2020\nand Law 56 of 2020.\n\nRevised under the authority of the Law Revision Act (2020 Revision).\n\nOriginally enacted  \u2014\nLaw 1 of 2005-11th February, 2005\nLaw 20 of 2008-18th December, 2008\nLaw 11 of 2012-29th August, 2012\nLaw 9 of 2014-11th April, 2014\nLaw 12 of 2014-26th June, 2014\nLaw 1 of 2016-6th May, 2016\nLaw 27 of 2020-1st July, 2020\nLaw 56 of 2020-7th December, 2020.\n\nOriginally made \u2014\nOrder 2009-17th March, 2009\nOrder (No. 2) 2009-24th March, 2009\nOrder (No. 3) 2009-27th March, 2009\nOrder 2009-18th August, 2009\nOrder 2010-23rd March, 2010\nOrder (No. 2) 2010-26th October, 2010\nOrder 2011-30th August, 2011\nOrder (No. 2) 2011-6th December, 2011\nOrder 2013-12th February, 2013\nOrder 2014-21st January, 2014\nOrder 2016- 30th March, 2016.\n\nTax Information Authority Act (2021 Revision)\nPublication Details Continued\n\nc\nRevised as at 31st December, 2020\nPage 3\n\nConsolidated and revised this 31st day of December, 2020.\n\nNote (not forming part of this Act): This revision replaces the 2017 Revision which\nshould now be discarded.\n\nTax Information Authority Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 5\n\nCAYMAN ISLANDS\n\nTAX INFORMATION AUTHORITY ACT\n(2021 Revision)\nArrangement of Sections\nSection\nPage\nPART I - Preliminary\n1.\nShort title .................................................................................................................................... 11\n2.\nDefinitions and interpretation ...................................................................................................... 11\n3.\nImplementation ........................................................................................................................... 12\nPART II - Tax Information Authority\n4.\nTax Information Authority ........................................................................................................... 13\n5.\nFunctions of the Authority ........................................................................................................... 13\n6.\nProcedures for public policy determination................................................................................. 14\nPART III - Execution of Requests\n7.\nProcedures for the execution of a request.................................................................................. 15\n8.\nPowers of Judge to compel witness or for production of evidence ............................................ 15\nPART IV - Repealed\n9.\nRepealed .................................................................................................................................... 17\n10.\nRepealed .................................................................................................................................... 18\n11.\nRepealed .................................................................................................................................... 18\n12.\nRepealed .................................................................................................................................... 18\n13.\nRepealed .................................................................................................................................... 18\n14.\nRepealed .................................................................................................................................... 18\n15.\nRepealed .................................................................................................................................... 18\n\nArrangement of Sections\nTax Information Authority Act (2021 Revision)\n\nPage 6\nRevised as at 31st December, 2020\nc\n\nPART V - General\n16.\nAuthentication of official documents .......................................................................................... 18\n17.\nNotification ................................................................................................................................. 19\n18.\nProtection of persons disclosing confidential information .......................................................... 19\n19.\nRestriction on application of Confidential Information Disclosure Act, 2016 .............................. 20\n20.\nConfidentiality with regard to a request ...................................................................................... 20\n20A. Confidentiality of information ...................................................................................................... 20\n21.\nRestriction on use of information ............................................................................................... 21\n22.\nInterviews and examinations with consent ................................................................................. 21\n23.\nService of notices and documents ............................................................................................. 22\n24.\nEnforcement ............................................................................................................................... 22\n24A. Misleading information ............................................................................................................... 23\n25.\nRegulations ................................................................................................................................ 23\n26.\nImmunity .................................................................................................................................... 23\nSCHEDULE 1\n25\nAGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA\nAND THE GOVERNMENT OF THE CAYMAN ISLANDS FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAXES\n25\nSCHEDULE 2\n34\nRepealed by section 17 of the Tax Information Authority (Amendment) (No. 2) Act, 2014\n[Law 12 of 2014]\n34\nSCHEDULE 3\n35\nAGREEMENT BETWEEN THE GOVERNMENT OF DENMARK AND THE GOVERNMENT OF\nTHE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS\n35\nSCHEDULE 4\n43\nAGREEMENT BETWEEN THE GOVERNMENT OF THE FAROES AND THE GOVERNMENT\nOF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS\n43\nSCHEDULE 5\n50\nAGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF FINLAND AND THE\nGOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX\nMATTERS\n50\nSCHEDULE 6\n58\nAGREEMENT BETWEEN THE GOVERNMENT OF GREENLAND AND THE GOVERNMENT\nOF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS\n58\nSCHEDULE 7\n66\nAGREEMENT BETWEEN THE GOVERNMENT OF ICELAND AND THE GOVERNMENT OF\nTHE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS\n66\nSCHEDULE 8\n73\nAGREEMENT BETWEEN THE KINGDOM OF NORWAY AND THE CAYMAN ISLANDS\nCONCERNING INFORMATION ON TAX MATTERS\n73\n\nTax Information Authority Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 7\n\nSCHEDULE 9\n80\nAGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF SWEDEN AND THE\nGOVERNMENT OF THE CAYMAN ISLANDS CONCERNING INFORMATION ON TAX\nMATTERS\n80\nSCHEDULE 10\n87\nEXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE UNITED KINGDOM\nAND THE CAYMAN ISLANDS CONCERNING AN ARRANGEMENT FOR THE AVOIDANCE\nOF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION\n87\nSCHEDULE 11\n96\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF IRELAND CONCERNING INFORMATION ON TAX MATTERS\n96\nSCHEDULE 12\n104\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS\nAUTHORISED UNDER THE LETTER OF ENTRUSTMENT FROM THE UNITED KINGDOM\nOF GREAT BRITAIN AND NORTHERN IRELAND AND THE KINGDOM OF THE\nNETHERLANDS FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES\n104\nSCHEDULE 13\n114\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF NEW ZEALAND ON THE EXCHANGE OF INFORMATION WITH\nRESPECT TO TAXES\n114\nSCHEDULE 14\n122\nEXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE FRENCH REPUBLIC\nAND THE CAYMAN ISLANDS CONCERNING AN AGREEMENT FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAX MATTERS\n122\nSCHEDULE 15\n130\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED UNDER THE LETTER\nOF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF\nGREAT BRITAIN AND NORTHERN IRELAND, AND THE KINGDOM OF THE\nNETHERLANDS, IN RESPECT OF THE NETHERLANDS ANTILLES FOR THE EXCHANGE\nOF INFORMATION WITH RESPECT TO TAXES\n130\nSCHEDULE 16\n140\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF AUSTRALIA ON THE EXCHANGE OF INFORMATION WITH RESPECT\nTO TAXES\n140\nSCHEDULE 17\n148\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS\nAUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009\nFROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE\nKINGDOM OF THE NETHERLANDS, IN RESPECT OF ARUBA, FOR THE EXCHANGE OF\nINFORMATION WITH RESPECT TO TAXES\n148\n\nArrangement of Sections\nTax Information Authority Act (2021 Revision)\n\nPage 8\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 18\n158\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS (AS\nAUTHORISED BY LETTER OF ENTRUSTMENT FROM THE GOVERNMENT OF THE\nUNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND) AND THE\nPORTUGUESE REPUBLIC CONCERNING EXCHANGE OF INFORMATION ON TAX\nMATTERS\n158\nSCHEDULE 19\n166\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY ON ASSISTANCE IN CIVIL\nAND CRIMINAL TAX MATTERS THROUGH EXCHANGE OF INFORMATION\n166\nSCHEDULE 20\n177\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS UNDER\nENTRUSTMENT FROM THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT\nBRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF CANADA FOR THE\nEXCHANGE OF INFORMATION ON TAX MATTERS\n177\nSCHEDULE 21\n185\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS WITH THE\nAUTHORISATION OF THE GOVERNMENT OF THE UNITED KINGDOM OF GREAT\nBRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE UNITED MEXICAN\nSTATES ON EXCHANGE OF INFORMATION ON TAX MATTERS\n185\nSCHEDULE 22\n193\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF JAPAN FOR THE EXCHANGE OF INFORMATION FOR THE PURPOSE\nOF THE PREVENTION OF FISCAL EVASION AND THE ALLOCATION OF RIGHTS OF\nTAXATION WITH RESPECT TO INCOME OF INDIVIDUALS\n193\nSCHEDULE 23\n203\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE REPUBLIC OF INDIA FOR THE EXCHANGE OF INFORMATION\nWITH RESPECT TO TAXES\n203\nSCHEDULE 24\n211\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAX MATTERS\n211\nSCHEDULE 25\n218\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nSTATES OF GUERNSEY FOR THE EXCHANGE OF INFORMATION RELATING TO TAX\nMATTERS\n218\nSCHEDULE 26\n226\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE PEOPLE\u2019S REPUBLIC OF CHINA FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAXES\n226\n\nTax Information Authority Act (2021 Revision)\nArrangement of Sections\n\nc\nRevised as at 31st December, 2020\nPage 9\n\nSCHEDULE 27\n234\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE REPUBLIC OF ARGENTINA\nON EXCHANGE OF INFORMATION ON TAX MATTERS\n234\nSCHEDULE 28\n242\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE CZECH REPUBLIC CONCERNING THE EXCHANGE OF\nINFORMATION ON TAX MATTERS\n242\nSCHEDULE 29\n249\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE STATE OF QATAR CONCERNING EXCHANGE OF INFORMATION\nON TAX MATTERS\n249\nSCHEDULE 30\n256\nAGREEMENT BETWEEN THE ITALIAN REPUBLIC AND THE CAYMAN ISLANDS ON\nEXCHANGE OF INFORMATION ON TAX MATTERS\n256\nSCHEDULE 31\n264\nCONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS\n264\nSCHEDULE 32\n282\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL CONCERNING EXCHANGE\nOF INFORMATION ON TAX MATTERS\n282\nSCHEDULE 33\n290\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE REPUBLIC OF MALTA FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAX MATTERS\n290\nSCHEDULE 34\n297\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE REPUBLIC OF POLAND FOR\nTHE EXCHANGE OF INFORMATION RELATING TO TAX MATTERS\n297\nSCHEDULE 35\n305\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE REPUBLIC OF SEYCHELLES CONCERNING EXCHANGE OF\nINFORMATION RELATING TO TAXES\n305\nSCHEDULE 36\n313\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE KINGDOM OF BELGIUM FOR\nTHE EXCHANGE OF INFORMATION ON TAX MATTERS\n313\nSCHEDULE 37\n321\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE ISLE OF MAN FOR THE EXCHANGE OF INFORMATION\nRELATING TO TAX MATTERS\n321\n\nArrangement of Sections\nTax Information Authority Act (2021 Revision)\n\nPage 10\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 38\n330\nPROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE\nCAYMAN ISLANDS AND THE STATES OF GUERNSEY FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAX MATTERS, SIGNED ON 29TH JULY 2011\n330\nSCHEDULE 39\n332\nPROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE\nCAYMAN ISLANDS AND THE GOVERNMENT OF THE ISLE OF MAN FOR THE\nEXCHANGE OF INFORMATION RELATING TO TAX MATTERS\n332\nENDNOTES\n335\nTable of Legislation history: ............................................................................................................... 335\n\nTax Information Authority Act (2021 Revision)\nSection 1\n\nc\nRevised as at 31st December, 2020\nPage 11\n\nCAYMAN ISLANDS\n\nTAX INFORMATION AUTHORITY ACT\n(2021 Revision)\n\nPART I - Preliminary\n1.\nShort title\n1.\nThis Act may be cited as the Tax Information Authority Act (2021 Revision).\n2.\nDefinitions and interpretation\n2.\n(1) In this Act \u2014\n\u201cAuthority\u201d means the Tax Information Authority designated under section 4;\n\u201cautomatic exchange of information\u201d means the systematic and periodic\nexchange of information for tax purposes between parties to a scheduled\nAgreement in the manner and to the specifications agreed between the parties\nor their competent authorities;\n\u201celectronic\u201d means relating to technology having electrical, magnetic, optical,\nelectromagnetic, or similar capabilities, whether digital, analogue or otherwise;\n\u201celectronic record\u201d means a record processed and maintained by electronic\nmeans;\n\u201cinformation\u201d means any fact, statement, document or record in whatever\nform; and includes \u2014\n(a) any fact, statement, document or record held by banks, other financial\ninstitutions, or any persons, including nominees and trustees, acting in an\nagency or fiduciary capacity; and\n\nSection 3\nTax Information Authority Act (2021 Revision)\n\nPage 12\nRevised as at 31st December, 2020\nc\n\n(b) any fact, statement, document or record regarding the beneficial ownership\nof companies, partnerships and other persons, including \u2014\n(i)\nin the case of collective investment funds, information on shares,\nunits and other interests; and\n(ii) in the case of trusts, information on settlors, trustees and\nbeneficiaries;\n\u201cJudge\u201d means the Chief Justice acting alone and in an administrative capacity,\nor any other judge of the Grand Court so acting and designated under\nsubsection (3);\n\u201cParty\u201d means a party to a scheduled Agreement;\n\u201cproceedings\u201d means civil or criminal proceedings;\n\u201crequest\u201d means a request made by one of the Parties to the other Party, under\na scheduled Agreement;\n\u201crequesting Party\u201d means a Party making a request;\n\u201cscheduled Agreement\u201d means an agreement for the provision of information\nfor tax purposes, being an agreement which has legal effect in the Islands and\nwhich is more particularly set out in a relevant Schedule to this Act; and\n\u201ctax purposes\u201d means any tax purpose for which information may be provided\nunder a scheduled Agreement or matters incidental thereto;\n(2) Repealed by section 2(b) of the Tax Information Authority (Amendment) (No.\n2) Act, 2014 [Law 12 of 2014].\n(3) The Chief Justice may, in writing, designate any judge of the Grand Court to act\non that person\u2019s behalf under this Act.\n3.\nImplementation\n3.\n(1) This Act shall apply for the purpose of giving effect to the terms of a scheduled\nAgreement for the provision of information for tax purposes including the\nautomatic exchange of information and including for the purposes of any\nproceedings taken by Parties or by any persons acting on their behalf, connected\nwith, arising from, related to, or resulting from those tax purposes.\n(2) Nothing in this Act shall require the provision of information under a scheduled\nAgreement for tax purposes that arose prior to the date of commencement of\nthis Act, except where the terms of a scheduled Agreement otherwise so\nprovide.\n(3) A scheduled Agreement shall, for such period as is specified in the Agreement,\nhave legal effect in the Islands.\n(4) Repealed by section 3(b) of Tax Information Authority (Amendment) Act, 2012\n[Law 11 of 2012].\n\nTax Information Authority Act (2021 Revision)\nSection 4\n\nc\nRevised as at 31st December, 2020\nPage 13\n\n(5) The Cabinet may by order subject to affirmative resolution \u2014\n(a) add a Schedule to this Act for the purpose of setting out and giving effect\nto an agreement for the provision of information for tax purposes; or\n(b) amend, revoke or replace any such Schedule.\n(6) Repealed by section 3(c) of the Tax Information Authority (Amendment) (No.2)\nAct, 2014 [Law 12 of 2014].\nPART II - Tax Information Authority\n4.\nTax Information Authority\n4.\nThe Minister charged with responsibility for Financial Services is hereby designated\nas the Tax Information Authority for the purposes of this Act and any scheduled\nAgreement, and the Authority shall exercise its functions under this Act and under\nany scheduled Agreement acting alone or through a person designated by the\nAuthority to act on its behalf, and shall be deemed to act in an administrative capacity.\n5.\nFunctions of the Authority\n5.\n(1) Subject to this Act, the Authority has power to do all things necessary or\nconvenient to be done for or in connection with the performance of its functions\nunder this or any other Law or any scheduled Agreement.\n(2) Without prejudice to subsection (1), the principal functions of the Authority\ninclude \u2014\n(a) subject to sections 8, 22 and 24, executing requests, including but not\nlimited to providing assistance in relation to \u2014\n(i)\ntaking the testimony or statement of any person;\n(ii) providing information and articles of evidence;\n(iii) serving documents; and\n(iv) executing searches and seizures;\n(aa) facilitating the automatic exchange of information for tax purposes in\naccordance with a scheduled Agreement and any implementing\narrangements made under a scheduled Agreement;\n(b) ensuring compliance with the scheduled Agreements;\n(c) advising the Cabinet on matters relating to any proposal or agreement for\nthe provision of information in tax matters, any matter touching upon or\nrelating thereto, and any other related matter at the request of the Cabinet;\n(d) making determinations under the terms of any scheduled Agreement as to\nany costs and the apportionment of such costs relating to or arising from\nany request;\n\nSection 6\nTax Information Authority Act (2021 Revision)\n\nPage 14\nRevised as at 31st December, 2020\nc\n\n(e) entering into agreements with competent authorities under scheduled\nAgreements on matters relating to the operation thereof including matters\nin relation to the automatic exchange of information;\n(f)\nperforming such other functions as may be prescribed under this or any\nother Law;\n(g) monitoring compliance with this Act or regulations made under this Act;\n(h) enforcing this Act or regulations made under this Act and investigating a\nperson where the Authority reasonably believes that the person is or has\nbeen in breach of this Act or regulations made under this Act;\n(i)\nexamining, by way of scrutiny of returns, on-site inspections or audit\nreports, or in such other manner as the Authority may determine, the affairs\nor business of any person;\n(j)\ncollecting, compiling and sharing, in such manner as the Authority shall\ndetermine, statistical information; and\n(k) entering into memoranda of understanding or other arrangements with any\nGovernment department or agency, competent authority, regulatory body\nor supervisory body as the Authority considers appropriate for the\ndischarge or performance of its responsibilities and functions.\n6.\nProcedures for public policy determination\n6.\n(1) Without prejudice to section 5, the Authority may, in its discretion or shall\nwhere in its opinion there are issues of public policy, notify the Attorney General\nof any request received by the Authority, with particulars thereof; and the\nAttorney General shall be entitled, in a manner analogous to amicus curiae, to\nappear or to take part in any proceedings in the Islands, whether judicial or\nadministrative, arising directly or indirectly from a request received by the\nAuthority.\n(2) The Authority shall deny a request, in accordance with the relevant provisions\nof a scheduled Agreement where the Attorney General has issued a certificate\nto the effect that the execution of the request is contrary to the public policy of\nthe Islands.\n\nTax Information Authority Act (2021 Revision)\nSection 7\n\nc\nRevised as at 31st December, 2020\nPage 15\n\nPART III - Execution of Requests\n7.\nProcedures for the execution of a request\n7.\n(1) Upon receipt of a request, and subject to sections 6(2) and 17(1), the Authority\nshall determine whether the request is in compliance with the relevant scheduled\nAgreement and, if it is determined that there is compliance, the Authority shall\nexecute the request in accordance with, but subject to, the provisions of the\nrelevant scheduled Agreement and this Act.\n(2) The Authority may request such additional information from the requesting\nParty as may be necessary to assist the Authority in executing the request.\n(3) A certificate given by the Authority that a request is in compliance with the\nrelevant scheduled Agreement shall be taken into account by the Judge pursuant\nto an application under section 8(4)(a).\n(4) Notwithstanding any other law, if the execution of any request requires the\nservice of any document or order or the seizure of any article in pursuance of\nany order or directions by a Judge or the Grand Court, any constable of the rank\nof Inspector or above, if so required by the Judge or the Grand Court, shall assist\nin such service or seizure.\n8.\nPowers of Judge to compel witness or for production of evidence\n8.\n(1) Where, under a request, any person is required to testify, the Authority shall\napply to a Judge for the Judge to receive such testimony as appears to that Judge\nto be appropriate for the purpose of giving effect to the request, and such\ntestimony shall be provided to the competent authority of the requesting Party.\n(2) The Judge may, in pursuance of an application under subsection (1), issue a\nsubpoena, take evidence under oath and exercise any other power which the\nGrand Court may exercise for the purpose of compelling testimony.\n(3) A person shall not be compelled in any proceedings under this section to give\nevidence which that person could not be compelled to give in proceedings in the\nIslands.\n(4) Where, under a request, the Authority considers it necessary to obtain specified\ninformation or information of a specified description from any person the\nAuthority shall \u2014\n(a) in the case of information required for proceedings in the territory of the\nrequesting Party, apply to a Judge for an order to produce such\ninformation; or\n(b) in the case other than that referred to in paragraph (a), issue a notice in\nwriting requiring the production of such information as may be specified\nin the notice; and such notice may require the information \u2014\n(i)\nto be provided within a specified time;\n\nSection 8\nTax Information Authority Act (2021 Revision)\n\nPage 16\nRevised as at 31st December, 2020\nc\n\n(ii) to be provided in such form as the Authority may require; and\n(iii) to be verified or authenticated in such manner as the Authority may\nrequire.\n(4A) For the purposes of subsections (4) and (13) the word \u201cproceedings\u201d means\ncriminal proceedings.\n(5) Where information is produced under subsection (4)(b) \u2014\n(a) the Authority may take copies or extracts of any information; and\n(b) where a person claims a lien on a document, the production is without\nprejudice to that person\u2019s lien.\n(6) An order under subsection (7) or a notice under subsection (4)(b) \u2014\n(a) shall not confer any right to production of, or access to, items subject to\nlegal privilege; and\n(b) shall have effect notwithstanding any obligation as to confidentiality or\nother restriction upon the disclosure of information whether imposed by\nthe Confidential Information Disclosure Act, 2016 [Law 23 of 2016], any\nother law or the common law.\n(7) If, on an application under subsection (4)(a), the Judge is satisfied that the\nconditions in subsection (9) are fulfilled, the Judge may make an order that the\nperson who appears to the Judge to be in possession or control of the information\nto which the application relates shall \u2014\n(a) produce it to a constable to take away; or\n(b) give a constable access to it,\nwithin such period as the order may specify.\n(8) The period to be specified in an order under subsection (7) shall be fourteen\ndays, unless it appears to the Judge that a longer or shorter period would be\nappropriate in the particular circumstances of the application.\n(9) The conditions referred to in subsection (7) are that the Judge is satisfied that \u2014\n(a) the Authority has certified the request in accordance with section 7(3);\n(b) the information to which the request relates is under the possession or\ncontrol of a person in the Islands;\n(c) the information to which the request relates does not include items subject\nto legal privilege or items subject to protection as secret, pursuant to the\nterms of a scheduled Agreement;\n(d) the provisions of section 17(1) have been complied with; and\n(e) pursuant to the terms of the relevant scheduled Agreement, there are no\nreasonable grounds for not granting the request.\n\nTax Information Authority Act (2021 Revision)\nSection 9\n\nc\nRevised as at 31st December, 2020\nPage 17\n\n(10) Where the Judge makes an order under subsection (7)(b) in relation to\ninformation held on any premises the Judge may, on the application of the\nAuthority, order any person who appears to the Judge to be entitled to grant\nentry to the premises to allow a constable to enter the premises to obtain access\nto the information.\n(11) The Chief Justice may make rules governing the procedure in relation to \u2014\n(a) applications for the grant, discharge and variation of orders under\nsubsection (7); and\n(b) proceedings relating to such orders.\n(12) Where the information to which an order under subsection (7) or a notice under\nsubsection (4)(b) relates consists of information maintained as an electronic\nrecord, such information shall be produced in a form in which it can be taken\naway and in which it is visible and legible or in a form in which it is visible and\nlegible, as the case may be.\n(13) Where, pursuant to a request concerning proceedings or investigations, an order\nunder subsection (7) has been made or has been applied for, and has not been\nrefused, or a warrant under section 24(3) has been issued, a person who,\nknowing or suspecting that a request has been made, or that an investigation into\nany matter to which a request relates is taking place, makes any disclosure which\nis likely to prejudice the proceedings or the investigation to which the request\nmay relate, commits an offence and is liable on summary conviction to a fine of\nten thousand dollars and to imprisonment for five years.\n(14) In proceedings against a person for an offence under subsection (13), it is a\ndefence to prove \u2014\n(a) that the person did not know or believe that the disclosure was likely to\nprejudice the request or investigation; or\n(b) that the person had lawful authority or reasonable excuse for making the\ndisclosure.\n(15) Any documents or other written information obtained under an order by virtue\nof subsection (7) shall be brought immediately to the Authority to be dealt with\naccording to this Act.\n(16) A person required to testify or to produce information under subsection (7) shall\nhave the right to be represented by an attorney-at-law when that person does so.\nPART IV - Repealed\n9.\nRepealed\n9.\n(Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\nSection 10\nTax Information Authority Act (2021 Revision)\n\nPage 18\nRevised as at 31st December, 2020\nc\n\n10.\nRepealed\n10. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\n11.\nRepealed\n11. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\n12.\nRepealed\n12. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\n13.\nRepealed\n13. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\n14.\nRepealed\n14. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\n15.\nRepealed\n15. (Repealed by section 9 of the Tax Information Authority (Amendment) (No. 2) Act,\n2014 [Law 12 of 2014].\n\nPART V - General\n16.\nAuthentication of official documents\n16. Any person may be authorised by the Minister charged with responsibility for\nFinancial Services for the purpose of the authentication of any official documents or\nrecords of the Islands.\n\nTax Information Authority Act (2021 Revision)\nSection 17\n\nc\nRevised as at 31st December, 2020\nPage 19\n\n17.\nNotification\n17. (1) Subject to subsection (2), an individual who is the subject of a request made by\na requesting Party solely in relation to a matter which is not a criminal matter or\nan alleged criminal matter, shall if the individual\u2019s whereabouts or address in\nthe Islands is made known to the Authority, be served with a notice by the\nAuthority advising of the existence of a request specifying that individual, the\njurisdiction making the request and the general nature of the information sought;\nand any individual so notified may within fifteen days from the date of receipt\nof the notice, make a written submission to the Authority specifying any grounds\nwhich that individual wishes the Authority to consider in making its\ndetermination as to whether or not the request is in compliance with the\nprovisions of the relevant scheduled Agreement, including any assertions that\nthe information requested is subject to legal privilege.\n(2) The Authority shall consider any written submission made in compliance with\nsubsection (1), but shall not be obliged to permit or consider any oral submission\nby or on behalf of any individual who is the subject of a request for information.\n(3) Save as expressly provided in this Act, the Authority shall hold all information\nreceived as confidential, and the proceedings and deliberations of the Authority\nshall accordingly be closed to all persons not specifically authorised by the\nAuthority or by this Act to be present at such proceedings or deliberations.\n(4) Nothing in this Act shall require the Authority to search for or conduct enquiries\ninto the address or whereabouts of any individual who is the subject of a request\nin order to serve a notice to that individual pursuant to subsection (1).\n(5) The requirement in subsection (1) for the Authority to give notice shall not apply\nwhere a requesting Party makes a request in urgent cases or in cases where\nnotification is likely to undermine the success of the investigation in the\njurisdiction of the requesting Party.\n(6) For the purposes of this section, \u201cthe subject of a request\u201d means the individual\nidentified in a request who is under examination or investigation in the\nrequesting Party.\n18.\nProtection of persons disclosing confidential information\n18. (1) A person who divulges any confidential information or gives any testimony in\nconformity with an order or notice issued pursuant to a request, provides\ninformation to the Authority to facilitate the automatic exchange of information\nor otherwise provides information to the Authority for tax purposes shall, by\nreason only of such disclosure or the giving of such testimony or the provision\nof such information, be deemed not to commit any offence \u2014\n(a) under the Confidential Information Disclosure Act, 2016 [Law 23 of\n2016]; or\n(b) under any other law for the time being in force in the Islands.\n\nSection 19\nTax Information Authority Act (2021 Revision)\n\nPage 20\nRevised as at 31st December, 2020\nc\n\n(2) The disclosure, testimony, provision of information for the facilitation of the\nautomatic exchange of information or provision of any information to the\nAuthority for tax purposes by a person to whom subsection (1) applies shall be\ndeemed not to be a breach of any confidential relationship between that person\nand any other person, and no civil claim or action whatsoever shall lie against \u2014\n(a) the person making the disclosure, giving testimony, providing information\nto facilitate the automatic exchange of information or providing\ninformation for tax purposes; or\n(b) the person\u2019s principal or employer,\nby reason of the disclosure, testimony, provision of information for the\nfacilitation of the automatic exchange of information or information otherwise\nprovided to the Authority for tax purposes.\n19.\nRestriction on application of Confidential Information Disclosure Act, 2016\n19. Section 4 of the Confidential Information Disclosure Act, 2016 [Law 23 of 2016]\nshall be deemed not to apply to confidential information given by any person in\nconformity with an order or notice issued in pursuance of a request under this Act,\nfacilitating the automatic exchange of information or information otherwise provided\nto the Authority for tax purposes.\n20.\nConfidentiality with regard to a request\n20. (1) Without prejudice to section 8(13), if so instructed by the Authority, the\nparticulars of and all matters relating to a request shall be treated as confidential,\nand no person who is notified of a request, or is required to take any action, or\nproduce any document or supply any information in response to or in relation to\nany matter to which a request relates, shall disclose the fact of the receipt of\nsuch request or any of the particulars required or documents produced or\ninformation supplied to any other person, except that person\u2019s attorney-at-law\nand such other persons as the Authority may authorise, for such period as that\nperson may be notified by the Authority.\n(1A) Subject to section 17, all information provided and received by the Authority in\nrelation to a request made under a scheduled Agreement shall be kept\nconfidential.\n(2) This section shall be binding on the attorney-at-law of any person to whom\nsubsection (1) applies as if that attorney-at-law were that person.\n20A. Confidentiality of information\n20A. Information provided to or received by the Authority for the facilitation of the\nautomatic exchange of information or otherwise for tax purposes shall be kept\nconfidential.\n\nTax Information Authority Act (2021 Revision)\nSection 21\n\nc\nRevised as at 31st December, 2020\nPage 21\n\n21.\nRestriction on use of information\n21. (1) A requesting Party shall not, without the prior written consent of the Authority,\ntransmit or use information or evidence provided under this Act for purposes,\ninvestigations or proceedings other than those within the scope of a scheduled\nAgreement.\n(2) Before the Authority gives consent under subsection (1) in relation to testimony\nprovided or an order issued under section 8, the Authority shall apply to a Judge\nfor directions.\n22.\nInterviews and examinations with consent\n22. (1) Where, under the terms of a scheduled Agreement the competent authority of a\nrequesting Party requests permission for its representative to enter the Islands\nfor the purposes of interviewing and examining the records of a specified person\nin the Islands and the person concerned notifies the Authority in writing that\nthat person consents to the interview and examination, the representative may\nconduct such interview and examination, at such time and place as are agreed\nupon in writing by the Authority and the person concerned.\n(2) In conducting an interview and examination under subsection (1), a\nrepresentative may \u2014\n(a) take statements from the specified person; and\n(b) with the consent of the specified person, make copies of, or take extracts\nfrom, any record.\n(3) A representative shall not have the power \u2014\n(a) to compel a specified person to answer any question;\n(b) to compel a specified person to remain in any place for the purpose of an\ninterview;\n(c) to compel a specified person to produce any information or thing;\n(d) to enter and search premises without the consent of the owner or occupier\nof the premises; or\n(e) to take information or things without the consent of the specified person.\n(4) A person who consents to an interview and examination shall have the right to\nbe advised by that person\u2019s attorney-at-law during the course thereof.\n(5) A statement made to a representative under this section shall not, in any\nproceedings, be used in evidence against the person making the statement.\n(6) In this section \u201cspecified person\u201d means a person who is subject to a tax of the\njurisdiction of a requesting Party that is covered in the relevant scheduled\nAgreement.\n\nSection 23\nTax Information Authority Act (2021 Revision)\n\nPage 22\nRevised as at 31st December, 2020\nc\n\n23.\nService of notices and documents\n23. (1) For the purposes of this Act and any scheduled Agreement, the service of any\ndocument shall be sufficient if delivered by hand or posted by registered post to\nthe registered or other office of the addressee or to that person\u2019s last known\naddress.\n(2) Affidavit testimony of delivery of the notice or document by hand or supporting\nthe registration certificate shall be deemed sufficient proof of such service.\n24.\nEnforcement\n24. (1) A person who, having been required under this Act to produce any information\nwhich is in that person\u2019s possession or under that person\u2019s control \u2014\n(a) without lawful excuse fails so to do, within such time as may be specified\nby a Judge by order, or by the Authority by notice; or\n(b) alters, destroys, mutilates, defaces, hides or removes any information,\ncommits an offence and is liable on summary conviction to a fine of ten\nthousand dollars and to imprisonment for two years.\n(2) A person who, contrary to section 20, informs any person, other than that\nperson\u2019s attorney-at-law, of the fact of the issue of a request or of any\ncommunication relevant to the matter to which the request relates, commits an\noffence and is liable on summary conviction to a fine of one thousand dollars\nand to imprisonment for six months.\n(3) Where pursuant to a request, the Authority considers it necessary to enter and\nsearch any premises, the Authority shall apply to the Grand Court for the issue\nof a search warrant for specified premises to search for and seize specified\ninformation or information of a specified description.\n(4) On application made under subsection (3), the Grand Court may issue a warrant\nauthorising the search and seizure if it is satisfied that \u2014\n(a) an order made or notice issued under section 8 in relation to information\non the premises has not been complied with;\n(b) the request for the purposes of which the application is made might be\nseriously prejudiced unless a constable could secure immediate access to\nthe information; or\n(c) the conditions in section 8(9) are fulfilled in relation to any information on\nthe premises; and\n(d) it would not be appropriate to make an order under section 8(7) in relation\nto the material because \u2014\n(i)\nit is not practicable to communicate with any person entitled to\nproduce the information;\n\nTax Information Authority Act (2021 Revision)\nSection 24A\n\nc\nRevised as at 31st December, 2020\nPage 23\n\n(ii) it is not practicable to communicate with any person entitled to grant\naccess to the information or entitled to grant entry to the premises on\nwhich the information is situated; or\n(iii) the request for the purposes of which the application is made might\nbe seriously prejudiced unless a constable could secure immediate\naccess to the information.\n(5) Any information seized under a warrant issued under subsection (4) shall be\nbrought immediately to the Authority to be dealt with according to law.\n(6) A person who, when required so to do in accordance with the instructions given\nby a Judge pursuant to section 8, or any subpoena served upon him, refuses to\nattend as required or to provide testimony in response to a request, commits an\noffence and is liable on summary conviction to a fine of five thousand dollars\nand to imprisonment for one year.\n24A. Misleading information\n24A. (1) A person shall not knowingly or wilfully supply false or misleading information\nto the Authority under this Act.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to a fine of ten thousand dollars or to imprisonment for a\nterm of five years, or to both.\n25.\nRegulations\n25. The Cabinet may make Regulations for carrying the purposes and provisions of this\nAct into effect including Regulations \u2014\n(a) prescribing the forms to be used for the purposes of this Act;\n(b) establishing and implementing an administrative penalty regime to enforce\nthe Regulations; and\n(c) prescribing penalties for a breach of the Regulations which shall not\nexceed the sum of fifty thousand dollars.\n26.\nImmunity\n26. Neither the Authority nor any person designated under section 4 to act on that\nperson\u2019s behalf, shall be liable in damages for anything done or omitted in the\ndischarge of their functions under this Act unless it is shown that the act or omission\nwas in bad faith.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 25\n\n SCHEDULE 1\n(section 3)\nAGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED\nSTATES OF AMERICA AND THE GOVERNMENT OF THE CAYMAN\nISLANDS FOR THE EXCHANGE OF INFORMATION RELATING TO\nTAXES\nThe Government of the United States of America (the \"United States\") and the\nGovernment of the Cayman Islands (the \"Cayman Islands\"), desiring to facilitate the\nexchange of information with respect to taxes, noting that the Government of the United\nKingdom of Great Britain and Northern Ireland (the \"United Kingdom\") provided a copy\nof a Letter of Entrustment, via diplomatic note number 16\/10\/13 of October 20, 2013, to\nthe United States in which the United Kingdom has entrusted the Cayman Islands to\nnegotiate and conclude a tax information exchange agreement with the United States,\nhave agreed as follows:\nARTICLE 1\nObject and Scope of this Agreement\nThe competent authorities of the Contracting Parties shall provide assistance to each\nother through exchange of information that is foreseeably relevant to the administration\nand enforcement of the domestic laws of the Contracting Parties concerning taxes\ncovered by this Agreement. Such information shall include information that is\nforeseeably relevant to the determination, assessment and collection of such taxes, the\nrecovery and enforcement of tax claims, or the investigation or prosecution of tax\nmatters. Information shall be exchanged in accordance with the provisions of this\nAgreement and shall be treated as confidential in the manner provided in Article 10\n(Confidentiality).\nARTICLE 2\nJurisdiction\nA requested Party shall not be obligated to provide information that is neither held by\nits authorities nor in the possession or control of persons who are within its territorial\njurisdiction. With respect to information held by its authorities or in the possession or\ncontrol of persons who are within its territorial jurisdiction, however, the requested Party\nshall provide information in accordance with this Agreement regardless of the residence\nor nationality of the person holding the information or to whom the information relates.\nARTICLE 3\nTaxes Covered\n1.\nThis Agreement shall apply to the following taxes imposed by the Contracting\nParties:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 26\nRevised as at 31st December, 2020\nc\n\n(a) in the case of the United States, all federal taxes; and\n(b) in the case of the Cayman Islands, any tax imposed by the Cayman\nIslands which is substantially similar to the taxes described in\nsubparagraph (a) of this paragraph.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of this Agreement in addition to or in place of the existing taxes. This\nAgreement shall also apply to any substantially similar taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes if the competent\nauthorities of the Contracting Parties so agree in writing. The competent authorities of\nthe Contracting Parties shall notify each other of any substantial changes to the taxation\nand related information gathering measures covered by this Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\n(a) the term \"Contracting Party\" means the United States or the Cayman\nIslands as the context requires;\n(b) the term \"competent authority\" means:\n(i)in the case of the United States, the Secretary of the Treasury or that person\u2019s\ndelegate, and\n(ii)in the case of the Cayman Islands, the Tax Information Authority or its\ndelegate;\n(c) the term \"person\" includes an individual, a company and any other body\nof persons;\n(d) the term \"company\" means any body corporate or any entity that is\ntreated as a body corporate for tax purposes;\n(e) the term \"publicly traded company\" means any company whose principal\nclass of shares is listed on a recognized stock exchange if the purchase\nor sale of its listed shares is not implicitly or explicitly restricted to a\nlimited group of investors;\n(f)\nthe term \"principal class of shares\" means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n(g) the term \"recognized stock exchange\" means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\n(h) the term \"public collective investment fund or scheme\" means any pooled\ninvestment vehicle, irrespective of legal form, if the purchase, sale or\nredemption of the units, shares or other interests in the investment vehicle\nis not implicitly or explicitly restricted to a limited group of investors;\n(i)\nthe term \"tax\" means any tax to which this Agreement applies and does\nnot include customs duties;\n(j)\nthe term \"applicant Party\" means the Contracting Party requesting\ninformation;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 27\n\n(k) the term \"requested Party\" means the Contracting Party requested to\nprovide information;\n(l)\nthe term \"information gathering measures\" means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and\nprovide the requested information; and\n(m) the term \"information\" means any fact, statement or record in any form\nwhatever.\n2.\nFor purposes of determining the geographic area within which jurisdiction to\ncompel production of information may be exercised:\n(a) the term \"United States\" means the territory of the United States of\nAmerica, including American Samoa, Guam, the Northern Mariana\nIslands, Puerto Rico, the U.S. Virgin Islands and any other U.S.\npossession or territory; and\n(b) the term \"Cayman Islands\" means the Islands of Grand Cayman, Cayman\nBrac and Little Cayman.\n3.\nAs regards the application of this Agreement at any time by a Contracting Party,\nany term not defined therein shall, unless the context otherwise requires or the competent\nauthorities agree to a common meaning pursuant to the provisions of Article 12 (Mutual\nAgreement Procedure), have the meaning that it has at that time under the law of that\nParty, any meaning under the applicable tax laws of that Party prevailing over a meaning\ngiven to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide information for the\npurposes referred to in Article 1 (Object and Scope of this Agreement) upon request by\nthe competent authority of the applicant Party. Such information shall be exchanged\nwithout regard to whether the requested Party needs such information for its own tax\npurposes or whether the conduct being investigated would constitute a crime under the\nlaws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested\nParty is not sufficient to enable it to comply with the request for information, the\nrequested Party shall use all relevant information gathering measures to provide the\napplicant Party with the information requested, notwithstanding that the requested Party\nmay not need such information for its own tax purposes. Privileges under the laws and\npractices of the applicant Party shall not apply in the execution of a request by the\nrequested Party and the resolution of such matters shall be solely the responsibility of\nthe applicant Party.\n3.\nIf specifically requested by the competent authority of the applicant Party, the\ncompetent authority of the requested Party shall, to the extent allowable under its\ndomestic laws:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 28\nRevised as at 31st December, 2020\nc\n\n(a) specify the time and place for the taking of testimony or the production\nof books, papers, records and other data;\n(b) place the individual giving testimony or producing books, papers,\nrecords or other data under oath;\n(c) permit the presence of individuals designated by the competent authority\nof the applicant Party as being involved in or affected by execution of\nthe request, including an accused, counsel for the accused, individuals\ncharged with the administration or enforcement of the domestic laws of\nthe applicant Party covered by this Agreement or a commissioner or\nmagistrate for the purpose of rendering evidentiary rulings or\ndetermining issues of privilege under the laws of the applicant Party;\n(d) provide individuals permitted to be present with an opportunity to\nquestion, directly or through the executing authority, the individual\ngiving testimony or producing books, papers, records and other data;\n(e) secure original and unedited books, papers, records and other data;\n(f)\nsecure or produce true and correct copies of original and unedited books,\npapers, records and other data;\n(g) determine the authenticity of books, papers, records and other data\nproduced, and provide authenticated copies of original books, papers,\nrecords and other data;\n(h) examine the individual producing books, papers, records and other data\nregarding the purpose for which and the manner in which the item\nproduced is or was maintained;\n(i)\npermit the competent authority of the applicant Party to provide written\nquestions to which the individual producing books, papers, records and\nother data is to respond regarding the items produced;\n(j)\nperform any other act not in violation of the laws or at variance with the\nadministrative practice of the requested Party; and\n(k) certify either that procedures requested by the competent authority of\nthe applicant Party were followed or that the procedures requested could\nnot be followed, with an explanation of the deviation and the reason\ntherefor.\n4.\nEach Contracting Party shall ensure that its competent authority, for the purposes\nspecified in Article 1 (Object and Scope of this Agreement) of this Agreement, has the\nauthority to obtain and provide upon request:\n(a) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and\ntrustees; and\n(b) information regarding the ownership of companies, partnerships, trusts,\nfoundations, \"Anstalten\" and other persons, including, within the\nconstraints of Article 2 (Jurisdiction), ownership information on all such\npersons in an ownership chain; in the case of trusts, information on\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 29\n\nsettlors, trustees and beneficiaries; and in the case of foundations,\ninformation on founders, members of the foundation council and\nbeneficiaries.\nNotwithstanding subparagraph 4(b), this Agreement does not create an obligation on the\nContracting Parties to obtain or provide ownership information with respect to publicly\ntraded companies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate difficulties to the\nrequested Party.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under this Agreement, with the greatest degree of specificity possible:\n(a) the identity of the person or ascertainable group or category of persons\nunder examination or investigation;\n(b) a statement of the information sought, including its nature and the form\nin which the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the period of time with respect to which the information is requested;\n(d) the matter under the applicant Party\u2019s tax law with respect to which the\ninformation is sought;\n(e) grounds for believing that the information requested is foreseeably\nrelevant to tax administration or enforcement of the applicant Party with\nrespect to the person or group or category of persons identified in\nsubparagraph 5(a);\n(f)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(g) to the extent known, the name and address of any person believed to be\nin possession or control of the requested information;\n(h) a statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this\nAgreement; and\n(i)\na statement that the applicant Party has pursued all means available in\nits own territory to obtain the information, except those that would give\nrise to disproportionate difficulties.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 30\nRevised as at 31st December, 2020\nc\n\nARTICLE 6\nAutomatic Exchange of Information\nThe competent authorities may automatically transmit information to each other for the\npurposes referred to in Article 1 (Object and Scope of this Agreement). The competent\nauthorities shall determine the items of information to be exchanged pursuant to this\nArticle and the procedures to be used to exchange such items of information.\nARTICLE 7\nSpontaneous Exchange of Information\nThe competent authority of a Contracting Party may spontaneously transmit to the\ncompetent authority of the other Contracting Party information that has come to the\nattention of the first-mentioned competent authority and that the first-mentioned\ncompetent authority supposes to be foreseeably relevant to the accomplishment of the\npurposes referred to in Article 1 (Object and Scope of this Agreement). The competent\nauthorities shall determine the procedures to be used to exchange such information.\nARTICLE 8\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the other Contracting Party to\nenter the territory of the first-mentioned Party to interview individuals and examine\nrecords with the written consent of the persons concerned. The competent authority of\nthe second-mentioned Party shall notify the competent authority of the first-mentioned\nParty of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 of this Article is acceded to, the competent\nauthority of the Contracting Party conducting the examination shall, as soon as possible,\nnotify the competent authority of the other Party about the time and place of the\nexamination, the authority or official designated to carry out the examination and the\nprocedures and conditions required by the first-mentioned Party for the conduct of the\nexamination. All decisions with respect to the conduct of the tax examination shall be\nmade by the Party conducting the examination.\nARTICLE 9\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with\nthis Agreement. The competent authority of the requested Party may decline to assist\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 31\n\nwhere the applicant Party has not pursued all means available in its own territory to\nobtain the information, except those that would give rise to disproportionate difficulties.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information that would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5 (Exchange of Information upon Request),\nparagraph 4 shall not be treated as such a secret or trade process merely because it meets\nthe criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation\nto obtain or provide information that would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice; or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim\ngiving rise to the request is disputed.\n6.\nA request for information shall not be refused on the ground that the period of\nlimitations in the requested party has expired. Instead, the statute of limitations of the\napplicant Party pertaining to the taxes to which the Agreement applies shall govern a\nrequest for information.\nARTICLE 10\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated\nas confidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes covered by this Agreement, or the\noversight of such functions. Such persons or authorities shall use such information only\nfor such purposes. They may disclose the information in public court proceedings or in\njudicial decisions. The information may not be disclosed to any other person, entity,\nauthority or jurisdiction. Notwithstanding the foregoing, where the requested Party\nprovides prior, written consent, the information may be used for purposes permitted\nunder the provisions of the Treaty between the United States of America and the United\nKingdom of Great Britain and Northern Ireland concerning the Cayman Islands Relating\nto Mutual Legal Assistance in Criminal Matters, done on July 3, 1986 at Grand Cayman,\nas may be amended or any successor treaty.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 32\nRevised as at 31st December, 2020\nc\n\nARTICLE 11\nCosts\nUnless the competent authorities of the Contracting Parties otherwise agree, ordinary\ncosts incurred in providing assistance shall be borne by the requested Party and\nextraordinary costs incurred in providing assistance shall be borne by the applicant\nParty.\nARTICLE 12\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of this Agreement, the competent authorities shall\nendeavor to resolve the matter by mutual agreement.\n2.\nThe competent authorities may adopt and implement procedures to facilitate the\nimplementation of this Agreement.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching a mutual agreement under this Article.\nARTICLE 13\nEntry Into Force\n1.\nThis Agreement shall enter into force one month from the date of the Cayman\nIslands\u2019 written notification to the United States that the Cayman Islands has completed\nits necessary internal procedures for entry into force of this Agreement. The provisions\nof this Agreement shall have effect for requests made on or after the date of entry into\nforce, without regard to the taxable period to which the request relates.\n2.\nThe Agreement between the Government of the United States of America and the\nGovernment of the United Kingdom of Great Britain and Northern Ireland, including the\nGovernment of the Cayman Islands, for the Exchange of Information Relating to Taxes,\ndone on November 27, 2001 at Washington (the \"2001 Agreement\"), shall terminate on\nthe date of entry into force of this Agreement. Notwithstanding such termination, the\nterms of the 2001 Agreement shall continue to apply to requests for information that\nhave been accepted prior to such termination unless the competent authorities of the\nContracting Parties have mutually agreed otherwise and in writing pursuant to Article\n12 (Mutual Agreement Procedure) of this Agreement.\nARTICLE 14\nTermination\n1.\nThe Agreement shall remain in force until terminated by a Contracting Party.\n2.\nEither Contracting Party may terminate the Agreement by giving notice of\ntermination in writing to the other Contracting Party. Such termination shall become\neffective on the first day of the month following the expiration of a period of six months\nafter the date of the notice of termination.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 33\n\n3.\nIf the Agreement is terminated, both Contracting Parties shall remain bound by the\nprovisions of Article 10 (Confidentiality) with respect to any information obtained under\nthe Agreement.\nIn witness whereof, the undersigned, being duly authorized thereto by their respective\nGovernments, have signed this Agreement.\nDone at London, United Kingdom in duplicate, in the English language, this 29th day of\nNovember, 2013.\nFOR THE GOVERNMENT OF THE\nUNITED STATES OF AMERICA:\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nJULIE NUTTER\nWAYNE PANTON\u201d.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 34\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 2\nRepealed by section 17 of the Tax Information Authority (Amendment)\n(No. 2) Act, 2014 [Law 12 of 2014]\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 35\n\nSCHEDULE 3\nAGREEMENT BETWEEN THE GOVERNMENT OF DENMARK AND\nTHE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING\nINFORMATION ON TAX MATTERS\nThe Government of Denmark and the Government of the Cayman Islands, desiring to\nconclude an Agreement concerning information on tax matters, have agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Denmark:\n(i)\nthe income tax to the State (indkomstskatten til staten), and\n(ii) the communal income tax (den kommunale indkomstskat).\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 36\nRevised as at 31st December, 2020\nc\n\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Denmark or the Cayman Islands as\nthe context requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Denmark\" means the Kingdom of Denmark including any area\noutside the territorial sea of Denmark which in accordance with\ninternational law has been or may hereafter be designated under Danish\nlaws as an area within which Denmark may exercise sovereign rights with\nrespect to the exploration and exploitation of the natural resources of the\nsea-bed or its subsoil and the superjacent waters and with respect to other\nactivities for the exploration and economic exploitation of the area; the\nterm does not comprise the Faroe Islands and Greenland;\nd)\nthe term \"competent authority\" means:\n(i)in the Cayman Islands, the Tax Information Authority or a person or authority\ndesignated by it;\n(ii)in Denmark, the Minister for Taxation or that person\u2019s authorised\nrepresentative;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 37\n\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 38\nRevised as at 31st December, 2020\nc\n\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 39\n\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 40\nRevised as at 31st December, 2020\nc\n\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 41\n\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nArticle 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\n(a) for criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\n(b) for all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 42\nRevised as at 31st December, 2020\nc\n\nFor the Government of Denmark\nFor the Government of the Cayman\nIslands\nTOM RISDAHL JENSEN\nALDEN MCLAUGHLIN\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 43\n\nSCHEDULE 4\nAGREEMENT BETWEEN THE GOVERNMENT OF THE FAROES AND\nTHE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING\nINFORMATION ON TAX MATTERS\nThe Government of the Faroes and the Government of the Cayman Islands,\n\uf0b7\ndesiring to conclude an Agreement concerning information on tax matters,\n\uf0b7\nconsidering that the Government of the Faroes concludes this agreement on behalf\nof the Kingdom of Denmark pursuant to the Act on the Conclusion of Agreements\nunder International Law by the Government of the Faroes,\nhave agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by the Faroes:\ntaxes on income or profit\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 44\nRevised as at 31st December, 2020\nc\n\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means the Faroes or the Cayman Islands as\nthe context requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"the Faroes\" means the landmass of the Faroes and their territorial\nwaters and any area outside the territorial waters where the Faroes\naccording to Faroese legislation and in accordance with international law,\nmay exercise rights with respect to the seabed and subsoil and their natural\nresources;\nd)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in the Faroes, the Minister of Finance or that person\u2019s authorised\nrepresentative or the authority which is designated as a competent\nauthority for the purpose of this Agreement;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 45\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 46\nRevised as at 31st December, 2020\nc\n\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 47\n\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 48\nRevised as at 31st December, 2020\nc\n\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 49\n\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\n(a) for criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\n(b) for all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement  by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\n\nFor the Government of the Faroes\nFor the Government of the Cayman Islands\nHER\u00c1LVUR JOENSEN\nALDEN MCLAUGHLIN\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 50\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 5\nAGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF\nFINLAND AND THE GOVERNMENT OF THE CAYMAN ISLANDS\nCONCERNING INFORMATION ON TAX MATTERS\nThe Government of the Republic of Finland and the Government of the Cayman Islands,\ndesiring to conclude an Agreement concerning information on tax matters, have agreed as\nfollows:\nArticle 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Finland:\n(i)\nvaltion tuloverot; de statliga inkomstskatterna (the state income taxes);\n(ii) yhteis\u00f6jen tulovero; inkomstskatten f\u00f6r samfund (the corporate income\ntax);\n(iii) kunnallisvero; kommunalskatten (the communal tax);\n(iv) kirkollisvero; kyrkoskatten (the church tax);\n(v) korkotulon l\u00e4hdevero; k\u00e4llskatten p\u00e5 r\u00e4nteinkomst (the tax withheld at\nsource from interest);\n(vi) rajoitetusti\nverovelvollisen\nl\u00e4hdevero;\nk\u00e4llskatten\nf\u00f6r\nbegr\u00e4nsat\nskattskyldig (the tax withheld at source from non-residents\u2019 income);\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 51\n\n(vii) ulkomailta tulevan palkansaajan l\u00e4hdevero; k\u00e4llskatten f\u00f6r l\u00f6ntagare fr\u00e5n\nutlandet (the withholding tax for foreign employees);\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Finland or the Cayman Islands as the\ncontext requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Finland\" means the Republic of Finland and, when used in a\ngeographical sense, means the territory of the Republic of Finland, and any\narea adjacent to the territorial waters of the Republic of Finland within which,\nunder the laws of Finland and in accordance with international law, the rights\nof Finland with respect to the exploration for and exploitation of the natural\nresources of the sea bed and its sub-soil and of the superjacent waters may be\nexercised;\nd)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in Finland, the Ministry of Finance, its authorised representative or\nthe authority which, by the Ministry of Finance, is designated as\ncompetent authority;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 52\nRevised as at 31st December, 2020\nc\n\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 53\n\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 54\nRevised as at 31st December, 2020\nc\n\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 55\n\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 56\nRevised as at 31st December, 2020\nc\n\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\n(a) for criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\n(b) for all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 57\n\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\nFor the Government of the Republic\nof Finland\nFor the Government of the Cayman\nIslands\nALEC AALTO\nALDEN MCLAUGHLIN\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 58\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 6\nAGREEMENT BETWEEN THE GOVERNMENT OF GREENLAND AND\nTHE GOVERNMENT OF THE CAYMAN ISLANDS CONCERNING\nINFORMATION ON TAX MATTERS\nThe Government of Greenland and the Government of the Cayman Islands,\n\uf0b7\ndesiring to conclude an Agreement concerning information on tax matters,\n\uf0b7\nconsidering that the Government of Greenland concludes this agreement on behalf\nof the Kingdom of Denmark pursuant to the Act on the Conclusion of Agreements\nunder International Law by the Government of Greenland,\nhave agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Greenland:\n(i)\nthe home rule tax;\n(ii) the special home rule tax;\n(iii) the communal tax;\n(iv) the intercommunal tax;\n(v) the company tax;\n(vi) the dividend tax;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 59\n\n(vii) the royalty tax; and\n(viii) labour market tax.\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Greenland or the Cayman Islands as\nthe context requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Greenland\" means the landmass of Greenland and its territorial\nwaters and any area outside the territorial waters where Denmark or\nGreenland according to domestic legislation and in accordance with\ninternational law, may exercise its rights with respect to the seabed and\nsubsoil and their natural resources;\nd)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in Greenland, the Minister of Finance or that person\u2019s delegate;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 60\nRevised as at 31st December, 2020\nc\n\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 61\n\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 62\nRevised as at 31st December, 2020\nc\n\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 63\n\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 64\nRevised as at 31st December, 2020\nc\n\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\n\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\n(a) for criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\n(b) for all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 65\n\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\nFor the Government of Greenland\nFor the Government of the Cayman\nIslands\nTOVE S\u00d8VNDAHL PEDERSEN\nALDEN MCLAUGHLIN\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 66\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 7\nAGREEMENT BETWEEN THE GOVERNMENT OF ICELAND AND THE\nGOVERNMENT OF THE CAYMAN ISLANDS CONCERNING\nINFORMATION ON TAX MATTERS\nThe Government of Iceland and the Government of the Cayman Islands, desiring to\nconclude an Agreement concerning information on tax matters, have agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Iceland:\n(i)\nthe income taxes to the state (tekjuskattar r\u00edkissj\u00f3\u00f0s); and\n(ii) the communal income tax (\u00fatsvar til sveitarf\u00e9laganna).\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 67\n\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Iceland or the Cayman Islands as the\ncontext requires;\nb)\nthe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \u201cIceland\u201d means Iceland and, when used in a geographical sense,\nmeans the territory of Iceland, including its territorial sea, and any area\nbeyond the territorial sea within which Iceland, in accordance with\ninternational law, exercises jurisdiction or sovereign rights with respect to\nthe sea bed, its subsoil and its superjacent waters, and their natural\nresources;\nd)\nthe term \u201ccompetent authority\u201d means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in Iceland, the Minister of Finance or that person\u2019s authorised\nrepresentative;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 68\nRevised as at 31st December, 2020\nc\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 69\n\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 70\nRevised as at 31st December, 2020\nc\n\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 71\n\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice, or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 72\nRevised as at 31st December, 2020\nc\n\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect:\na)\nfor criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\nb)\nfor all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\nFor the Government of Iceland:\nFor the Government of the Cayman\nIslands:\nGU\u00d0MUNDAR \u00c1RNI\nSTEF\u00c1NSSON\nALDEN MCLAUGHLIN\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 73\n\nSCHEDULE 8\nAGREEMENT BETWEEN THE KINGDOM OF NORWAY AND THE\nCAYMAN ISLANDS CONCERNING INFORMATION ON TAX MATTERS\nThe Government of the Kingdom of Norway and the Government of the Cayman Islands,\ndesiring to conclude an Agreement concerning information on tax matters, have agreed as\nfollows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Norway:\n(i)\nthe tax on general income (skatt p\u00e5 alminnelig inntekt);\n(ii) the tax on personal income (skatt p\u00e5 personinntekt);\n(iii) the special tax on petroleum income (petroleumsskatt);\n(iv) the resource rent tax on income from production of hydroelectric power\n(grunnrenteskatt p\u00e5 kraftverk);\n(v) the withholding tax on dividends (kildeskatt p\u00e5 utbytte); and\n(vi) the tax on Remuneration to non-resident artistes (artistskatt).\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 74\nRevised as at 31st December, 2020\nc\n\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Norway or the Cayman Islands as the\ncontext requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Norway\" means the Kingdom of Norway, and includes the land\nterritory and internal waters, the territorial sea and the area beyond the\nterritorial sea where the Kingdom of Norway, according to Norwegian\nlegislation and in accordance with international law, may exercise its rights\nwith respect to the seabed and subsoil and their natural resources; the term\ndoes not comprise Svalbard, Jan Mayen and the Norwegian dependencies\n(\u201cbiland\u201d);\nd)\nthe term \"competent authority\" means:\n(i)in the Cayman Islands, the Tax Information Authority or a person or authority\ndesignated by it;\n(ii)in Norway, the Minister of Finance or the Minister\u2019s authorised\nrepresentative;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 75\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 76\nRevised as at 31st December, 2020\nc\n\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 77\n\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 78\nRevised as at 31st December, 2020\nc\n\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 79\n\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\n(a) for criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\n(b) for all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\nFor the Government of the Kingdom\nof Norway\nFor the Government of the Cayman\nIslands\nODD L. FOSSEIDBR\u00c5TEN\nALDEN MCLAUGHLIN\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 80\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 9\nAGREEMENT BETWEEN THE GOVERNMENT OF THE KINGDOM OF\nSWEDEN AND THE GOVERNMENT OF THE CAYMAN ISLANDS\nCONCERNING INFORMATION ON TAX MATTERS\nThe Government of the Kingdom of Sweden and the Government of the Cayman Islands,\ndesiring to conclude an Agreement concerning information on tax matters, have agreed as\nfollows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Sweden:\n(i)\nden statliga inkomstskatten (the national income tax);\n(ii) kupongskatten (the withholding tax on dividends);\n(iii) den s\u00e4rskilda inkomstskatten f\u00f6r utomlands bosatta (the income tax on\nnon-residents);\n(iv) den s\u00e4rskilda inkomstskatten f\u00f6r utomlands bosatta artister m.fl. (the\nincome tax on non-resident artistes and athletes);\n(v) den kommunala inkomstskatten (the communal income tax);\n(vi) avkastningsskatten p\u00e5 pensionsmedel (the yield tax on pension funds).\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 81\n\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Sweden or the Cayman Islands as the\ncontext requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Sweden\" means the Kingdom of Sweden and, when used in a\ngeographical sense, includes the national territory, the territorial sea of\nSweden as well as other maritime areas over which Sweden in accordance\nwith international law exercises sovereign rights or jurisdiction;\nd)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in Sweden, the Minister of Finance, that person\u2019s authorised\nrepresentative or the authority which is designated as a competent\nauthority for the purposes of this Agreement;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 82\nRevised as at 31st December, 2020\nc\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 83\n\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 84\nRevised as at 31st December, 2020\nc\n\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The\n\ncompetent authority of the second-mentioned Party shall notify the competent\nauthority of the first-mentioned Party of the time and place of the meeting with the\nindividuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 85\n\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 86\nRevised as at 31st December, 2020\nc\n\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\n(a) for criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after 1 January 2004 or, where there is no taxable period,\nfor all charges to tax arising on or after 1 January 2004;\n(b) for all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nterminate the Agreement by giving written notice of termination to the other Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six months after the date of receipt of notice of termination by the other\nParty.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Stockholm this 1st day of April 2009, in duplicate in the English language.\nFor the Government of the Kingdom\nof Sweden\nFor the Government of the Cayman\nIslands\nINGEMAR HANSSON\nALDEN MCLAUGHLIN.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 87\n\nSCHEDULE 10\nEXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE\nUNITED KINGDOM AND THE CAYMAN ISLANDS CONCERNING AN\nARRANGEMENT FOR THE AVOIDANCE OF DOUBLE TAXATION\nAND THE PREVENTION OF FISCAL EVASION\n15th June 2009\nSir\nI have the honour to propose to you \u2014\n\uf0b7\nthe Arrangement between the United Kingdom of Great Britain and Northern Ireland\nand the Cayman Islands for the avoidance of double taxation and the prevention of\nfiscal evasion (\u201cthe Arrangement\u201d) at Appendix 1 to this letter;\n\uf0b7\nthat the Arrangement shall have effect in accordance with Paragraph 14 thereof;\n\uf0b7\nour mutual commitment to comply at the earliest date with our internal procedures\nrequired by our respective domestic law for the bringing into force of the Arrangement\nand to notify each other without delay through the formal channels when such\nprocedures are completed.\nI have the honour to propose that, if the above is acceptable to the Government of the\nCayman Islands, this letter and Appendix 1 together with your reply will constitute our\nmutual acceptance of the provisions of the Arrangement.\nThe United Kingdom welcomes this Arrangement as a significant step in establishing the\nCayman Islands\u2019 status as a jurisdiction which complies with international standards in the\nfield of taxation, and recognizes the Cayman Islands\u2019 commitment to transparency and\neffective exchange of information in tax matters and to continued progress in this area.\nPlease accept, Sir, the assurance of our highest consideration,\nTHE RT. HON. STEPHEN TIMMS MP\nFINANCIAL SECRETARY TO THE TREASURY\nSir,\nI have the honour to acknowledge receipt of your letter of 15th June 2009, which reads as\nfollows:\n\u201c Sir\nI have the honour to propose to you \u2014\n\uf0b7\nthe Arrangement between the United Kingdom of Great Britain and Northern Ireland\nand the Cayman Islands for the avoidance of double taxation and the prevention of\nfiscal evasion (\u201cthe Arrangement\u201d) at Appendix 1 to this letter;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 88\nRevised as at 31st December, 2020\nc\n\n\uf0b7\nthat the Arrangement shall have effect in accordance with Paragraph 14 thereof;\n\uf0b7\nour mutual commitment to comply at the earliest date with our internal procedures\nrequired by our respective domestic law for the bringing into force of the Arrangement\nand to notify each other without delay through the formal channels when such\nprocedures are completed.\nI have the honour to propose that, if the above is acceptable to the Government of the\nCayman Islands, this letter and Appendix 1 together with your reply will constitute our\nmutual acceptance of the provisions of the Arrangement.\nThe United Kingdom welcomes this Arrangement as a significant step in establishing the\nCayman Islands\u2019 status as a jurisdiction which complies with international standards in the\nfield of taxation, and recognizes the Cayman Islands\u2019 commitment to transparency and\neffective exchange of information in tax matters and to continued progress in this area.\nPlease accept, Sir, the assurance of our highest consideration,\u201d\nI am able to confirm that the Government of the Cayman Islands is in agreement with the\ncontents of your letter dated 15th June 2009 and that this letter constitutes our mutual\nacceptance and making of the Arrangement contained in Appendix 1 to your letter and\nappended to this letter.\nPlease accept, Sir, the assurance of our highest consideration,\nTHE HON. W. MCKEEVA BUSH\nLEADER OF GOVERNMENT BUSINESS,\nCAYMAN ISLANDS GOVERNMENT\n15th June 2009\nAppendix 1\nARRANGEMENT BETWEEN THE GOVERNMENT OF THE UNITED KINGDOM OF\nGREAT BRITAIN AND NORTHERN IRELAND AND THE GOVERNMENT OF THE\nCAYMAN ISLANDS FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE\nPREVENTION OF FISCAL EVASION\nThe Government of the United Kingdom of Great Britain and Northern Ireland and the\nGovernment of the Cayman Islands (\u201cthe Governments\u201d);\nDesiring to conclude an Arrangement for the avoidance of double taxation and the\nprevention of fiscal evasion;\nHave arranged as follows:\n1.\nPersons covered\nThis Arrangement shall apply to persons who are residents of one or both of the Territories.\n2.\nTaxes covered\nThe taxes to which this Arrangement shall apply are the following United Kingdom taxes:\na)\nthe income tax;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 89\n\nb)\nthe corporation tax;\nc)\nthe capital gains tax; and for the purposes of Paragraph 13 only:\nd)\nthe inheritance tax;\ne)\nthe value added tax;\nand any taxes which are identical or substantially similar to those taxes which are imposed\nby either Territory after the date of signature of this Arrangement. The competent\nauthorities of the Territories shall notify each other of any significant changes that have\nbeen made in their taxation laws.\n3.\nGeneral definitions\n1.\nFor the purposes of this Arrangement, unless the context otherwise requires:\na)\nthe term \u201cUnited Kingdom\u201d means Great Britain and Northern Ireland,\nincluding any area outside the territorial sea of the United Kingdom\ndesignated under its laws concerning the Continental Shelf and in\naccordance with international law as an area within which the rights of the\nUnited Kingdom with respect to the sea bed and sub-soil and their natural\nresources may be exercised;\nb)\nthe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes its territorial sea and any areas beyond its territorial sea within\nwhich sovereign rights with respect to the sea bed and sub-soil and their\nnatural resources may be exercised in accordance with international law;\nc)\nthe terms \u201ca Territory\u201d and \u201cthe other Territory\u201d mean the United\nKingdom or the Cayman Islands, as the context requires;\nd)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\ne)\nthe term \u201ccompetent authority\u201d means:\n(i)\nin the United Kingdom, the Commissioners for Her Majesty\u2019s\nRevenue and Customs or their authorised representative;\n(ii) in the Cayman Islands, the Cayman Islands Tax Information\nAuthority.\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes or which is otherwise treated as a\nbody corporate under the law of a Territory;\ng)\nthe term \u201centerprise\u201d applies to the carrying on of any business;\nh)\nthe term \u201centerprise of a Territory\u201d and \u201centerprise of the other Territory\u201d\nmean respectively an enterprise carried on by a resident of a Territory and\nan enterprise carried on by a resident of the other Territory;\ni)\nthe term \u201cinternational traffic\u201d means any transport by a ship or aircraft\noperated by an enterprise which is a resident of and has its place of\neffective management in a Territory except where the ship or aircraft is\noperated solely between places in the other Territory.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 90\nRevised as at 31st December, 2020\nc\n\n2.\nAs regards the application of this Arrangement at any time by a Territory, any term\nnot defined therein shall, unless the context otherwise requires, have the meaning that it\nhas at that time under the law of that Territory, any meaning under the applicable tax laws\nof that Territory prevailing over a meaning given to the term under other laws of that\nTerritory.\n4.\nResident\n1.\nFor the purposes of this Arrangement, the term \u201cresident of a Territory\u201d means\na)\nin the case of the United Kingdom, any person who, under its laws, is liable\nto tax therein by reason of that person\u2019s domicile, residence, place of\nmanagement, place of incorporation or any other criterion of a similar\nnature, and also includes the United Kingdom, and any political\nsubdivision or local authority thereof.  This term, however, does not\ninclude any person who is liable to tax in the United Kingdom in respect\nonly of income or capital gains from sources therein;\nb)\nin the case of the Cayman Islands, any person who, under its laws, is\nrecognised as a resident by reason of that person\u2019s domicile, residence,\nplace of incorporation, place of management, or any other criterion of a\nsimilar nature and also includes the Cayman Islands.\n2.\nWhere by reason of the provisions of subparagraph 1 a person is a resident of both\nTerritories, then that person shall be treated for the purposes of this Arrangement as a\nresident of the United Kingdom only.\n3.\nPersons to whom subparagraph 2 applies shall not be subjected in the United\nKingdom to taxation which is more burdensome than the taxation which applies to\nresidents of the United Kingdom in the same circumstances to whom subparagraph 2 does\nnot apply.\n5.\nBusiness profits of individuals\n1.\nBusiness profits derived by an individual shall be taxable only in the Territory in\nwhich that individual is resident unless that individual undertakes business in the other\nTerritory.  If that individual undertakes such business, that individual\u2019s profits may be\ntaxed in that other Territory, but only so much of them as is attributable to that business.\n2.\nIn determining the profits of such individual, there shall be allowed as deductions\nexpenses which are incurred for the purposes of such individual\u2019s business, including\nexecutive and general administrative expenses so incurred, whether in the Territory in\nwhich the individual undertakes the business or elsewhere.\n3.\nWhere profits include items of income which are dealt with separately in other\nParagraphs of this Arrangement, then the provisions of those Paragraphs shall not be\naffected by the provisions of this Paragraph.\n4.\nNo provision of this Paragraph shall be construed as restricting the right of a Territory\nto tax its residents.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 91\n\n6.\nProfits and gains from shipping and air transport\n1.\nProfits of an enterprise of a Territory from the operation of ships or aircraft in\ninternational traffic shall be taxable only in that Territory.\n2.\nGains derived by a resident of a Territory from the alienation of ships or aircraft\noperated in international traffic by an enterprise of that Territory, or moveable property\npertaining to the operation of such ships or aircraft, shall be taxable only in that Territory.\n3.\nThe provisions of subparagraph 1 shall also apply to profits from the participation in\na pool, a joint business or an international operating agency.\n7.\nPensions\n1.\nSubject to the provisions of subparagraph 2 of Paragraph 8 (Government service),\npensions and other similar remuneration paid to an individual who is a resident of a\nTerritory, shall be taxable only in that Territory.\n2.\nNotwithstanding the provisions of subparagraph 1, such payments which arise in the\nother Territory may also be taxed in that other Territory where the recipient has not been\ncontinuously a resident of the first-mentioned Territory either\na)\nfor a period of 6 years immediately before the commencement of the\npayment of that pension, or\nb)\nfor a period of 6 years immediately before the commencement of the\nemployment to which the pension relates.\n8.\nGovernment service\n1.\na)\nSalaries, wages and other similar remuneration paid by a Territory or a\npolitical subdivision or a local authority thereof to an individual in respect\nof services rendered to that Territory or subdivision or authority shall be\ntaxable only in that Territory.\n\nb)\nHowever, such salaries, wages and other similar remuneration shall be\ntaxable only in the other Territory if the services are rendered in that\nTerritory and the individual is a resident of that Territory who did not\nbecome so resident solely for the purpose of rendering the services.\n2.\na)\nNotwithstanding the provisions of sub-paragraph 1, pensions and other\nsimilar remuneration paid by, or out of funds created by, a Territory or a\npolitical subdivision or a local authority thereof to an individual in respect\nof services rendered to that Territory or subdivision or authority shall be\ntaxable only in that Territory.\n\nb)\nHowever, such pensions and other similar remuneration shall be taxable only\nin the other Territory if the individual is a resident of that other Territory and\nhas been continuously a resident of that other Territory either\n(i)\nfor a period of 6 years immediately before the commencement of the\npayment of that pension, or\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 92\nRevised as at 31st December, 2020\nc\n\n(ii) for a period of 6 years immediately before the commencement of the\nemployment to which the pension relates.\n3.\nThis Paragraph does not apply to salaries, wages, pensions, and other similar\nremuneration in respect of services rendered in connection with a business carried on by a\nTerritory or a political subdivision or a local authority thereof.\n9.\nStudents\nPayments received by a student or business apprentice who immediately before visiting a\nTerritory was a resident of the other Territory under the laws of that other Territory, and\nwho is present in the first-mentioned Territory solely for the purpose of that person\u2019s fulltime education at a university, college or other recognised educational institution of a\nsimilar nature, or for that person\u2019s full-time training, shall not be taxed in that firstmentioned Territory, provided that such payments arise outside that first-mentioned\nTerritory, and are for the purpose of that person\u2019s maintenance, education or training. The\nexemption from tax provided by this Paragraph shall apply to a business apprentice only\nfor a period of time not exceeding one year from the date the business apprentice first\narrives in the first-mentioned Territory for the purpose of that person\u2019s training.\n10.\nOther income\nItems of income not dealt with in the foregoing Paragraphs of this Arrangement arising in\na Territory and paid to a resident of the other Territory may be taxed in the first-mentioned\nTerritory.\n11.\nElimination of double taxation\n1.\nWhere a resident of a Territory derives profits, income or gains which, in accordance\nwith the provisions of this Arrangement, may be taxed in the other Territory, the firstmentioned Territory shall, subject to any provisions of its law regarding the allowance as\na credit against its tax of tax payable in another territory (which shall not affect the general\nprinciple hereof), allow as a deduction from the tax on the income of that resident, an\namount equal to the tax paid in that other Territory. Such deduction shall not, however,\nexceed that part of the tax, as computed before the deduction is given, which is attributable\nto the income, profits or gains which may be taxed in that other Territory.\n2.\nFor the purposes of this Paragraph, profits, income and gains owned by a resident of\na Territory which may be taxed in the other Territory in accordance with this Arrangement\nshall be deemed to arise from sources in that other Territory.\n12.\nMutual agreement procedure\n1.\nWhere a person considers that the actions of one or both of the Territories result or\nwill result for that person in taxation not in accordance with the provisions of this\nArrangement, that person may, irrespective of the remedies provided by the domestic law\nof those Territories, present that person\u2019s case to the competent authority of either\nTerritory.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 93\n\n2.\nThe competent authority shall endeavour, if the objection appears to it to be justified\nand if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual\nagreement with the competent authority of the other Territory, with a view to the avoidance\nof taxation which is not in accordance with this Arrangement.  Any agreement reached\nshall be implemented notwithstanding any time limits or other procedural limitations in the\ndomestic law of the Territories, except such limitations as apply for the purposes of giving\neffect to such an agreement.\n3.\nThe competent authorities of the Territories shall endeavour to resolve by mutual\nagreement any difficulties or doubts arising as to the interpretation or application of this\nArrangement. They may also consult together for the elimination of double taxation in\ncases not provided for in the Arrangement.\n4.\nThe competent authorities of the Territories may communicate with each other\ndirectly for the purpose of reaching an agreement in the sense of the preceding\nsubparagraphs.\n13.\nExchange of information and tax examinations\n1.\nThe competent authorities of the Territories shall exchange such information as is\nforeseeably relevant for carrying out the provisions of this Arrangement or to the\nadministration or enforcement of the domestic laws of the Territories concerning taxes\ncovered by this Arrangement imposed on behalf of the Territories insofar as the taxation\nthereunder is not contrary to the Arrangement. The exchange of information is not\nrestricted by Paragraph 1.\n2.\nAny information received under subparagraph 1 by a Territory shall be treated as\nconfidential in the same manner as information obtained under the domestic laws of that\nTerritory and shall be disclosed only to persons or authorities (including courts and\nadministrative bodies) concerned with the assessment or collection of, the enforcement or\nprosecution in respect of, the determination of appeals in relation to the taxes covered by\nthis Arrangement, or the oversight of the above. Such persons or authorities shall use the\ninformation only for such purposes. They may disclose the information in public court\nproceedings or in judicial decisions.  Notwithstanding the foregoing, information received\nmay be used:\na)\nfor other tax purposes with the express written consent of the competent\nauthority of the Territory that provided the information; and\nb)\nfor any other purposes when such information may be used for such\npurposes under the laws of both Territories and the competent authority of\nthe Territory that provided the information authorises such use in writing.\n3.\nInformation received under subparagraph 1 by a Territory shall not be disclosed to\nany other jurisdiction.\n4.\nIn no case shall the provisions of subparagraphs 1 and 2 be construed so as to impose\non a Territory the obligation:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 94\nRevised as at 31st December, 2020\nc\n\na)\nto carry out administrative measures at variance with the laws and\nadministrative practice of that or of the other Territory;\nb)\nto supply information which is not obtainable under the laws or in the\nnormal course of the administration of that or of the other Territory;\nc)\nto supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process, or information the\ndisclosure of which would be contrary to public policy.\n5.\nIf information is requested by a Territory in accordance with this Paragraph, the other\nTerritory shall use its information gathering measures to obtain the requested information,\neven though that other Territory may not need such information for its own tax purposes.\nThe obligation contained in the preceding sentence is subject to the limitations of\nsubparagraph 4 but in no case shall such limitations be construed to permit a Territory to\ndecline to supply information solely because it has no domestic interest in such\ninformation.\n6.\nIn no case shall the provisions of subparagraph 4 be construed to permit a Territory\nto decline to supply information solely because the information is held by a bank, other\nfinancial institution, nominee or person acting in an agency or a fiduciary capacity or\nbecause it relates to ownership interests in a person.\n7.\nA Territory may, in accordance with its law and pursuant to any procedures agreed\nby the competent authorities, allow representatives of the competent authority of the other\nTerritory to enter its jurisdiction in order to interview persons, examine records or to\nconduct a tax examination in its jurisdiction.\n14.\nEntry into force\n1.\nEach of the Territories shall notify the other of the completion of the procedures\nrequired by its law for the bringing into force of this Arrangement.  The Arrangement shall\nenter into force on the date of the later of these notifications and shall thereupon have\neffect:\na)\nin the United Kingdom:\n(i)in respect of income tax and capital gains tax, for any year of assessment\nbeginning on or after 6th April next following the date on which this\nArrangement enters into force;\n(ii)in respect of corporation tax, for any financial year beginning on or after\n1st April next following the date on which this Arrangement enters\ninto force;\n(iii)in respect of other taxes, for charges to tax arising on or after the date on\nwhich this Arrangement enters into force; and\nb)\nin the Cayman Islands on those same dates.\n2.\nThe provisions of this Arrangement shall not impose upon a Territory any obligation\nto provide information under Paragraph 13 in respect of a taxable period or charge to tax\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 95\n\nas the case may be occurring prior to the later of the notification dates referred to in\nsubparagraph 1.\n15.\nTermination\n1.\nThis Arrangement shall remain in force until terminated by one of the Territories.\nEither of the Governments may on or before 30th June in any calendar year, give notice of\ntermination to the other Government and, in such event, this Arrangement shall cease to\nhave effect\na)\nin relation to relief from double taxation, at the end of the year of\nassessment or financial year immediately following receipt of that notice;\nb)\nin relation to other matters, from the date of receipt of the notice.\n2.\nIn the event that this Arrangement is terminated,\na)\nall requests for information under Paragraph 13 received up to the effective\ndate of termination will be dealt with in accordance with the terms of the\nArrangement; and\nb)\nthe Territories shall remain bound by the confidentiality provisions in\nParagraph 13 with respect to any information obtained under the\nArrangement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 96\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 11\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF IRELAND CONCERNING\nINFORMATION ON TAX MATTERS\nThe Government of the Cayman Islands and the Government of Ireland, desiring to\nconclude an Agreement concerning information on tax matters, have agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by Ireland:\n(i) the income tax,\n(ii) the income levy,\n(iii) the corporation tax,\n(iv) the capital gains tax,\n(v) the capital acquisitions tax, and\n(vi) the value added tax.\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 97\n\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each\nother of any substantial changes to the taxation and related information gathering\nmeasures covered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na) the term \u201cContracting Party\u201d means the Cayman Islands or Ireland as the\ncontext requires;\nb) the term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of\nthe Cayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc) the term \u201cIreland\u201d includes any area outside the territorial waters of\nIreland which has been or may hereafter be designated under the laws of\nIreland concerning the Exclusive Economic Zone and the Continental\nShelf, as an area within which Ireland may exercise such sovereign rights\nand jurisdiction as are in conformity with international law;\nd) the term \"competent authority\" means:\n(i) in the Cayman Islands, the Tax Information Authority or a\nperson or authority designated by it;\n(ii) in Ireland, the Revenue Commissioners or their authorized\nrepresentative;\ne) the term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is\ntreated as a body corporate for tax purposes;\ng) the term \u201cpublicly traded company\u201d means any company whose\nprincipal class of shares is listed on a recognised stock exchange\nprovided its listed shares can be readily purchased or sold by the public.\nShares can be purchased or sold \u201cby the public\u201d if the purchase or sale\nof shares is not implicitly or explicitly restricted to a limited group of\ninvestors;\nh) the term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic\ncollective investment fund or scheme\u201d means any collective investment\nfund or scheme provided the units, shares or other interests in the fund\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 98\nRevised as at 31st December, 2020\nc\n\nor scheme can be readily purchased, sold or redeemed by the public.\nUnits, shares or other interests in the fund or scheme can be readily\npurchased, sold or redeemed \u201cby the public\u201d if the purchase, sale or\nredemption is not implicitly or explicitly restricted to a limited group of\ninvestors;\nk) the term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn) the term \u201cinformation gathering measures\u201d means laws and\nadministrative or judicial procedures that enable a Contracting Party to\nobtain and provide the requested information;\no) the term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np) the term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq) the term \u201ccriminal laws\u201d means all criminal laws designated as such\nunder domestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning\nthat it has at that time under the law of that Party, any meaning under the applicable\ntax laws of that Party prevailing over a meaning given to the term under other laws of\nthat Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request information\nfor the purposes referred to in Article 1. Such information shall be exchanged without\nregard to whether the conduct being investigated would constitute a crime under the\nlaws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall\nuse all relevant information gathering measures to provide the applicant Party with\nthe information requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this\nArticle, to the extent allowable under its domestic laws, in the form of depositions of\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 99\n\nwitnesses and authenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and\ntrustees;\nb) information regarding the ownership of companies, partnerships, trusts,\nfoundations, and other persons, including, within the constraints of\nArticle 2, ownership information on all such persons in an ownership\nchain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following information\nto the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na) the identity of the person under examination or investigation;\nb) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nc) the tax purpose for which the information is sought;\nd) grounds for believing that the information requested is held in the requested\nParty or is in the possession or control of a person within the jurisdiction of\nthe requested Party;\ne) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and administrative\npractices of the applicant Party, that if the requested information was within\nthe jurisdiction of the applicant Party then the competent authority of the\napplicant Party would be able to obtain the information under the laws of the\napplicant Party or in the normal course of administrative practice and that it\nis in conformity with this Agreement;\ng) a statement that the applicant Party has pursued all means available in its own\nterritory to obtain the information, except those that would give rise to\ndisproportionate difficulties.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 100\nRevised as at 31st December, 2020\nc\n\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt\nresponse, the competent authority of the requested Party shall:\na) Confirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt\nof the request.\nb) If the competent authority of the requested Party has been unable to\nobtain and provide the information within 90 days of receipt of the\nrequest, including if it encounters obstacles in furnishing the information\nor it refuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview\nindividuals and examine records with the written consent of the persons concerned.\nThe competent authority of the second-mentioned Party shall notify the competent\nauthority of the firstmentioned Party of the time and place of the meeting with the\nindividuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination,\nthe authority or official designated to carry out the examination and the procedures\nand conditions required by the firstmentioned Party for the conduct of the\nexamination. All decisions with respect to the conduct of the tax examination shall be\nmade by the Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with\nthis Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 101\n\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such\na secret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na) produced for the purposes of seeking or providing legal advice or\nb) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of\nthe applicant Party, or any requirement connected therewith, which discriminates\nagainst a national of the requested Party as compared with a national of the applicant\nParty in the same circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of ordinary costs incurred in providing assistance shall be agreed by the\nContracting Parties, and direct extraordinary costs incurred in providing assistance shall be\nborne by the requesting party.\nARTICLE 10\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 102\nRevised as at 31st December, 2020\nc\n\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall\nendeavour to resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under\nArticles 5 and 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect\na) for criminal tax matters, on the date of entry into force, for taxable\nperiods beginning on or after 1 January 2004 or, where there is no taxable\nperiod, for all charges to tax arising on or after 1 January 2004;\nb) for all other matters covered in Article 1, for taxable periods beginning\non or after the first day of January of the year next following the date on\nwhich the Agreement enters into force, or where there is no taxable\nperiod, for all charges to tax arising on or after the first day of January\nof the year next following the date on which the Agreement enters into\nforce.\nArticle 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nafter one year from the date of its entry into force terminate the Agreement by giving\nwritten notice of termination to the other Party. In such case, the Agreement shall\ncease to have effect on the first day of the month following the end of the period of\nsix months after the date of receipt of notice of termination by the other Party.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Berlin this day June 23rd of 2009, in duplicate in the English language.\nFor the Government of the Cayman\nFor the Government of Ireland:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 103\n\nIslands:\nHON. W. MCKEEVA BUSH\nMARTIN MANSERGH\nMINISTER FOR FINANCIAL\nSERVICES CAYMAN ISLANDS\nGOVERNMENT\nMINISTER OF STATE\nDEPARTMENT OF FINANCE\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 104\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 12\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT\nFROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN\nIRELAND AND THE KINGDOM OF THE NETHERLANDS FOR THE\nEXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nThe Government of the Cayman Islands and the Government of the Kingdom of the\nNetherlands, DESIRING to strengthen the relationship between them through cooperation\nin taxation matters, have determined to accede to the Agreement hereinafter set out, have\nagreed as follows:\nARTICLE 1\nScope of the Agreement\nThe competent authorities of the Parties shall provide assistance through exchange of\ninformation that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning taxes covered by this Agreement. Such information\nshall include information that is foreseeably relevant to the determination, assessment and\ncollection of such taxes, the recovery and enforcement of tax claims, or the investigation\nor prosecution of tax matters. Information shall be exchanged in accordance with the\nprovisions of this Agreement and shall be treated as confidential in the manner provided in\nArticle 8. The rights and safeguards secured to persons by the laws or administrative\npractice of the requested Party remain applicable to the extent that they do not unduly\nprevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThe taxes which are the subject of this Agreement are taxes of every kind and\ndescription existing on the date of signature.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes.\nThis Agreement shall also apply to any substantially similar taxes imposed after the date\nof signature of the Agreement in addition to or in place of the existing taxes. The competent\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 105\n\nauthorities of the Parties shall notify each other of any substantial changes to the taxation\nand related information gathering measures covered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cParty\u201d means the Netherlands or the Cayman Islands as the\ncontext requires;\nb)\nthe term \u201cthe Netherlands\u201d means the part of the Kingdom of the\nNetherlands that is situated in Europe, including its territorial sea, and any\narea beyond the territorial sea within which the Netherlands, in accordance\nwith international law, exercises jurisdiction or sovereign rights with\nrespect to the sea bed, its sub soil and its superjacent waters, and their\nnatural resources;\nc)\nthe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea and areas within the maritime boundaries\nof the Cayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nd)\nthe term \u201ccompetent authority\u201d means\n\ni) in the case of the Netherlands the Minister of Finance or that person\u2019s\nauthorised representative;\n\nii) in the case of the Cayman Islands the Tax Information Authority;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means the stock exchanges of the\nNetherlands, the Cayman Islands and any stock exchange agreed upon by\nthe competent authorities of the Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 106\nRevised as at 31st December, 2020\nc\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Party requesting information;\nm) the term \u201crequested Party\u201d means the Party requested to provide\ninformation;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Party to obtain and provide the\nrequested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the law of that Party, any meaning under the applicable tax laws of the\napplicant state prevailing over a meaning given to the term under other laws of that state.\nARTICLE 5\nExchange of information upon request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 107\n\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Parties to obtain or provide\nownership information with respect to publicly traded companies or public\ncollective investment funds or schemes unless such information can be\nobtained without giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation and the tax\nperiod of the person concerned;\n(b) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(c) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(d) a statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\nand, to the fullest extent possible:\n(e) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(f)\nthe tax purpose for which the information is sought;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party.\nArticle 6\nTax examinations abroad\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 108\nRevised as at 31st December, 2020\nc\n\n1.\nA Party may, on request, allow representatives of the competent authority of the other\nParty to enter its territory to interview individuals and examine records with the written\nconsent of the persons concerned. The competent authority of the applicant Party shall\nnotify the competent authority of the requested Party of the time and place of the meeting\nwith the individuals concerned.\n2.\nAt the request of the competent authority of one Party, the competent authority of the\nother Party may allow representatives of the competent authority of the first-mentioned\nParty to be present at the appropriate part of a tax examination in the second-mentioned\nParty.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nParty conducting the examination shall, as soon as possible, notify the competent authority\nof the other Party about the time and place of the examination, the authority or official\ndesignated to carry out the examination and the procedures and conditions required by the\nfirst-mentioned Party for the conduct of the examination. All decisions with respect to the\nconduct of the tax examination shall be made by the Party conducting the examination.\nARTICLE 7\nPossibility of declining a request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Party the obligation to supply\ninformation which is subject to legal privilege or would disclose any trade, business,\nindustrial, commercial or professional secret or trade process. Notwithstanding the\nforegoing, information of the type referred to in Article 5, paragraph 4 shall not be treated\nas such a secret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n4.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n5.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 109\n\nARTICLE 8\nConfidentiality\nAny information received by a Party under this Agreement shall be treated as confidential\nand may be disclosed only to persons or authorities (including courts and administrative\nbodies) in the jurisdiction of the Party concerned with the assessment or collection of, the\nenforcement or prosecution in respect of, or the determination of appeals in relation to, the\ntaxes covered by this Agreement. Such persons or authorities shall use such information\nonly for such purposes. They may disclose the information in public court proceedings or\nin judicial decisions. The information may not be disclosed to any other person or entity or\nauthority or any other jurisdiction or used for any other purpose without the express written\nconsent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the competent\nauthorities.\nARTICLE 10\nLanguage\nRequests for assistance and answers thereto shall be drawn up in English.\nArticle 11\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of the Agreement, the competent authorities shall endeavour to resolve the\nmatter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 5 and 6.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\n4.\nThe parties shall agree on other forms of dispute resolution should this become\nnecessary.\nARTICLE 12\nEntry into force\nThis Agreement shall enter into force when each party has notified the other of the\ncompletion of its necessary internal procedures for entry into force. Upon the date of entry\ninto force, it shall have effect;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 110\nRevised as at 31st December, 2020\nc\n\n(a) for criminal tax matters  on that date, but only in respect of taxable periods\nbeginning on or after January 1st, 2004 or, where there is no taxable period,\nall charges to tax arising on or after January 1st, 2004; and\n(b) for all other matters covered in Article 1 on that date, but only in respect\nof taxable periods beginning on or after that date or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n1. This Agreement shall remain in force until terminated by one of the Parties.\nEither Party may terminate the Agreement by giving notice of termination given by\none competent authority to the other competent authority at least six months before\nthe end of any calendar year after the expiration of a period of three years from the\ndate of its entry into force. In such event the Agreement shall cease to have effect for\ntaxable years and periods beginning after the end of the calendar year in which the\nnotice of termination has been given.\n2. In the event of termination, both Parties shall remain bound by the\nprovision of Article 8 with respect to any information obtained under the Agreement.\n\nIN WITNESS WHEREOF the undersigned, duly authorized thereto, have signed this\nAgreement.\nDONE at The Hague, this 8th day of July 2009, in duplicate, in the English language.\nFor the Government of the Cayman\nIslands\nFor the Government of the Kingdom of\nthe Netherlands\nHON. W. MCKEEVA BUSH\nMINISTER FOR FINANCIAL\nSERVICES CAYMAN ISLANDS\nGOVERNMENT\nJAN KEES DE JAGER\nSTATE SECRETARY OF FINANCE\n\nPROTOCOL BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS\nAUTHORISED UNDER THE LETTER OF ENTRUSTMENT FROM THE UNITED\nKINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND AND THE\nKINGDOM OF THE NETHERLANDS CONCERNING THE INTERPRETATION\nAND APPLICATION OF THE AGREEMENT BETWEEN THE KINGDOM OF THE\nNETHERLANDS AND THE GOVERNMENT OF THE CAYMAN ISLANDS AS\nAUTHORISED UNDER THE LETTER OF ENTRUSTMENT FROM THE UNITED\nKINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND FOR THE\nEXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nWhereas the Government of the Netherlands recognises the commitment the Government\nof the Cayman Islands made to the OECD in 2000 to respect the principles of transparency\nand exchange of information and the Netherlands considers that this Agreement\ndemonstrates the commitment of the Cayman Islands to high standards for effective\nexchange of information with respect to both criminal and civil taxation matters;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 111\n\nWhereas the Government of the Netherlands also recognises the progressive steps that the\nCayman Islands have taken to demonstrate their commitment to high standards for\neffective exchange of information with respect to both criminal and civil taxation matters\nin negotiation of Tax Information Exchange Agreements with other countries and\nrecognises that the Cayman Islands are committed to combating tax abuse by putting in\nplace mechanisms which enhance transparency; for example, the proactive steps taken to\namend domestic legislation of the Cayman Islands for the purpose of fulfilling this\nAgreement and upon entering into the Agreement, the Netherlands does not consider the\nCayman Islands to be engaging in any harmful tax practices and thus is not referred to as a\ntax haven.\nThe Government of the Cayman Islands and the Government of the Kingdom of the\nNetherlands (the \u201cParties\u201d), DESIRING to facilitate the exchange of information with\nrespect to taxes, have agreed as follows:\nI.\n Ad Article 5(5)(g)\nWith respect to subparagraph g of paragraph 5 of Article 5 it is understood that the term\n\u201cpursued all means available in its own territory\u201d includes the requesting Party using\nexchange of information mechanisms it has in force with any third country in which the\ninformation is located.\nII.\n Ad Article 5\nIf personal data is exchanged under the Agreement, the following additional provisions\nshall apply:\na)\nThe receiving authority may use such data only for the stated purpose and\nshall be subject to the conditions prescribed by the supplying authority;\nsuch use is also permitted, subject to the written consent required under\nArticle 8, for the prevention and prosecution of serious crimes and for the\npurpose of addressing serious threats to public security;\nb)\nThe receiving authority shall on request inform the supplying authority\nabout the use of the supplied data and the results achieved thereby;\nc)\nPersonal data may be supplied only to the responsible agencies. Any\nsubsequent supply to other agencies may be effected only with the prior\napproval of the supplying authority;\nd)\nThe supplying authority shall be obliged to take all reasonable care to\nensure that the data to be supplied are accurate and that they are necessary\nfor and proportionate to the purpose for which they are supplied. Any bans\non data supply prescribed under applicable domestic law shall be observed.\nIf it emerges that inaccurate data or data which should not have been\nsupplied have been supplied, the receiving authority shall be informed of\nthis without delay. That authority shall be obliged to correct or erase such\ndata without delay;\ne)\nUpon application the person concerned shall be informed of the supplied\ndata relating to that person and of the use to which such data are to be put.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 112\nRevised as at 31st December, 2020\nc\n\nThere shall be no obligation to furnish this information if on balance it\nturns out that the public interest in withholding it outweighs the interest of\nthe person concerned in receiving it. In all other respects, the right of the\nperson concerned to be informed of the existing data relating to that person\nshall be governed by the domestic law of the Party in whose sovereign\nterritory the application for the information is made;\nf)\nThe receiving authority shall bear liability in accordance with its domestic\nlaws in relation to any person suffering unlawful damage as a result of\nsupply of data pursuant to this Agreement. In relation to the damaged\nperson, the receiving authority may not plead in its defence that the\ndamage had been caused by the supplying agency;\ng)\nIf the domestic law of the supplying authority provided, with respect to the\npersonal data supplied, for erasure within a certain period of time that\nauthority shall inform the receiving authority accordingly. Irrespective of\nsuch periods, supplied personal data shall be erased once they are no longer\nrequired for the purpose for which they were supplied;\nh)\nThe supplying and the receiving authority shall be obliged to keep official\nrecords of the supply and receipt of personal data;\ni)\nThe supplying and the receiving authority shall be obliged to take effective\nmeasures to protect the personal data supplied against unauthorised access,\nunauthorised alteration and unauthorised disclosure.\nIII. Ad article 12\nIn the event that a Party applies prejudicial or restrictive measures based on harmful tax\npractices to residents or nationals of the other Party, either Party may immediately initiate\nCompetent Authority proceedings to resolve the matter. A prejudicial or restrictive\nmeasure based on harmful tax practices is a measure applied by one Party to residents or\nnationals of either Party on the basis that any one or more of the following applies:\n(a) the other Party does not engage in effective exchange of information;\n(b) because it lacks transparency in the operation of its laws, regulations or\nadministrative practices; or,\n(c) on the basis of no or nominal taxes.\nWithout limiting the generality of the term, \"prejudicial or restrictive measure\" is not\nlimited solely to taxation matters and includes the denial of a deduction, credit or\nexemption, the imposition of a tax, charge or levy, or special reporting requirements, but\ndoes not include any generally applicable measure, applied by either Party against, amongst\nothers, members of the OECD generally.\nIV.\nIn the light of the experience of operating the Agreement, or to reflect changing\ncircumstances, either Government may wish to propose a variation in the terms of this\nAgreement. If so, it is understood the other Government will agree to hold timely\ndiscussions with a view to revising the terms of the Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 113\n\na.\nThe competent authorities may initiate discussions in case:\n\n(i) the Netherlands enters into an agreement with another jurisdiction\ncomparable to the Cayman Islands which provides for other forms of\nexchange of information;\n\n(ii) the Government of the Cayman Islands enters into an agreement with\nanother jurisdiction which provides for other forms of exchange of\ninformation;\n\n(iii) the Government of the Cayman Islands introduces new legislation\nwhich enables other forms of exchange of information.\nb.\nIf the Netherlands enters into arrangements with another jurisdiction\ncomparable to the Cayman Islands for the provision of information with\nrespect to taxes that are less burdensome in any material respect than the\nprovisions of the Agreement, the Cayman Islands may initiate discussions\nwith the Netherlands with a view to modifying the Agreement to have\nsimilar effect.\nThis Protocol shall form an integral part of the Agreement between the Kingdom of The\nNetherlands and the Government of the Cayman Islands as authorised under the letter of\nentrustment from the United Kingdom of Great Britain and Northern Ireland for the\nexchange of information with respect to tax matters.\nThe Parties may, by mutual arrangement, amend this Protocol at any time in writing. The\namended Protocol will come into effect on the date of the final letter arranging the\namendment.\nIN WITNESS WHEREOF the undersigned being duly authorised in that behalf by the\nrespective Parties, have signed this Protocol.\nDONE at The Hague, this 8th day of July 2009, in duplicate in the English language.\nFor the Government of the Cayman\nIslands\nFor the Government of the Kingdom of\nthe Netherlands\nHON. W. MCKEEVA BUSH\nMINISTER FOR FINANCIAL\nSERVICES\nCAYMAN ISLANDS\nGOVERNMENT\nJAN KEES DE JAGER\nSTATE SECRETARY OF\nFINANCE\u201d.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 114\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 13\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF NEW ZEALAND ON THE\nEXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nThe Government of the Cayman Islands and the Government of New Zealand, Desiring to\nfacilitate the exchange of information with respect to taxes, have agreed as follows:\nARTICLE 1\nObject and scope of this Agreement\nThe competent authorities of the Contracting Parties shall provide assistance\nthrough exchange of information that is foreseeably relevant to the administration and\nenforcement of the domestic laws of those Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the Requested Party remain applicable.\nThe Requested Party shall use its best endeavours to ensure that any such rights and\nsafeguards are not applied in a manner that unduly prevents or delays effective exchange\nof information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held\nby its authorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThe existing New Zealand taxes which are the subject of this Agreement are direct\ntaxes of every kind and description.\n2.\nThis Agreement shall also apply to any identical or substantially similar taxes\nimposed after the date of signature of this Agreement in addition to, or in place of, the\nexisting taxes. The Agreement shall also apply to such other taxes as may be agreed in an\nexchange of letters between the Contracting Parties. The competent authorities of the\nContracting Parties shall notify each other of any substantial changes to the taxation and\nrelated information gathering measures covered by this Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 115\n\n3.\nThis Agreement shall not apply to taxes imposed by municipalities, local authorities,\nor possessions of a Contracting Party.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\n(a)\nthe term \u201cCayman Islands\u201d means the territory of the Cayman Islands and\nincludes its territorial sea and any areas beyond its territorial sea within\nwhich sovereign rights with respect to the seabed and sub-soil and their\nnatural resources may be exercised in accordance with international law;\n(b)\nthe term \u201cNew Zealand\u201d means the territory of New Zealand but does not\ninclude Tokelau; it also includes any area beyond the territorial sea\ndesignated under New Zealand legislation and in accordance with\ninternational law as an area in which New Zealand may exercise sovereign\nrights with respect to natural resources;\n(c)\nthe term \u201cApplicant Party\u201d means the Contracting Party requesting\ninformation;\n(d)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or scheme\nprovided the units, shares or other interests in the fund or scheme can be\nreadily purchased, sold or redeemed by the public. Units, shares or other\ninterests in the fund or scheme can be readily purchased, sold or redeemed\n\u201cby the public\u201d if the purchase, sale or redemption is not implicitly or\nexplicitly restricted to a limited group of investors;\n(e)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(f)\nthe term \u201ccompetent authority\u201d means, in the case of the Cayman Islands,\nthe Tax Information Authority and, in the case of New Zealand, the\nCommissioner of Inland Revenue or an authorised representative of the\nCommissioner;\n(g)\nthe term \u201cContracting Party\u201d means the Cayman Islands or New Zealand as\nthe context requires;\n(h)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\n(i)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\n(j)\nthe term \u201cperson\u201d includes an individual, a company and any other body of\npersons;\n(k)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 116\nRevised as at 31st December, 2020\nc\n\n(l)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(m)\nthe term \u201crecognised stock exchange\u201d means the New Zealand Exchange\nLimited, the Cayman Islands Stock Exchange and any other stock exchange\nagreed upon by the competent authorities of the Contracting Parties;\n(n)\nthe term \u201cRequested Party\u201d means the Contracting Party requested to provide\ninformation; and\n(o)\nthe term \u201ctax\u201d means any tax to which this Agreement applies pursuant to\nArticle 3.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of information upon request\n1.\nThe competent authority of the Requested Party shall provide upon request\ninformation for the purposes referred to in Article 1.  Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the Requested Party if such conduct occurred in the Requested Party.\n2.\nIf the information in the possession of the competent authority of the Requested\nParty is not sufficient to enable it to comply with the request for information, that Party\nshall use all relevant information gathering measures to provide the Applicant Party with\nthe information requested, notwithstanding that the Requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an Applicant Party, the\ncompetent authority of the Requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authority for the purposes\nspecified in Article 1 of this Agreement, has the authority to obtain and provide upon\nrequest:\n(a)\ninformation held by banks, other financial institutions, and any person acting\nin an agency or fiduciary capacity including nominees and trustees;\n(b)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the constraints\nof Article 2, ownership information on all such persons in an ownership\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 117\n\nchain; in the case of trusts, information on settlors, trustees, beneficiaries and\nprotectors; and in the case of foundations, information on founders, members\nof the foundation council and beneficiaries. Further, this Agreement does not\ncreate an obligation on the Contracting Parties to obtain or provide\nownership information with respect to publicly traded companies or public\ncollective investment funds or schemes unless such information can be\nobtained without giving rise to disproportionate difficulties.\n5.\nThe competent authority of the Applicant Party shall provide the following\ninformation to the competent authority of the Requested Party when making a request for\ninformation under this Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a)\nthe identity of the person under examination or investigation;\n(b)\na statement of the information sought including its nature and the form in\nwhich the Applicant Party wishes to receive the information from the\nRequested Party;\n(c)\nthe tax purpose for which the information is sought;\n(d)\nthe grounds for believing that the information requested is held in the\nRequested Party or is in the possession or control of a person within the\njurisdiction of the Requested Party;\n(e)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and administrative\npractices of the Applicant Party, that if the requested information was within\nthe jurisdiction of the Applicant Party then the competent authority of the\nApplicant Party would be able to obtain the information under the laws of\nthe Applicant Party or in the normal course of administrative practice and\nthat the information request is in conformity with this Agreement; and\n(g)\na statement that the Applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise to\ndisproportionate difficulties.\n6.\nThe competent authority of the Requested Party shall forward the requested\ninformation as promptly as possible to the Applicant Party.\nARTICLE 6\nTax examinations abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the\nother Contracting Party to enter the territory of the first-mentioned Party to interview\nindividuals and examine records with the written consent of the persons concerned. The\ncompetent authority of the second-mentioned Party shall notify the competent authority of\nthe first-mentioned Party of the time and place of the meeting with the individuals\nconcerned.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 118\nRevised as at 31st December, 2020\nc\n\n2.\nAt the request of the competent authority of one of the Contracting Parties, the\ncompetent authority of the other Contracting Party may allow representatives of the\ncompetent authority of the first-mentioned Party to be present at the appropriate part of a\ntax examination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of declining a request\n1.\nThe Requested Party shall not be required to obtain or provide information that the\nApplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nRequested Party may decline to assist where the request is not made in conformity with\nthis Agreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in paragraph 4 of Article 5 shall not be treated as such\na secret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a)\nproduced for the purposes of seeking or providing legal advice; or\n(b)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe Requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed by the taxpayer.\n6.\nThe Requested Party may decline a request for information if the information is\nrequested by the Applicant Party to administer or enforce a provision of the tax law of the\nApplicant Party, or any requirement connected therewith, which discriminates against a\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 119\n\nnational of the Requested Party as compared with a national of the Applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be\ntreated as confidential and may be disclosed only to persons or authorities (including courts\nand administrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the Requested Party.\nARTICLE 9\nCosts\nUnless the competent authorities of the Contracting Parties otherwise agree,\nordinary costs incurred in providing assistance shall be borne by the Requested Party, and\nextraordinary costs incurred in providing assistance (including reasonable costs of\nengaging external advisors in connection with litigation or otherwise) shall be borne by the\nApplicant Party. At the request of either Contracting Party, the competent authorities shall\nconsult as necessary with regard to this Article, and in particular the competent authority\nof the Requested Party shall consult with the competent authority of the Applicant Party in\nadvance if the costs of providing information with respect to a specific request are expected\nto be significant.\nARTICLE 10\nNO PREJUDICIAL OR RESTRICTIVE MEASURES\n1.\nNeither of the Contracting Parties shall apply prejudicial or restrictive measures\nbased on harmful tax practices to residents or nationals of either Contracting Party so long\nas this Agreement is in force and effective.\n2.\nA \u201cprejudicial or restrictive measure based on harmful tax practices\u201d is a measure\napplied by one Contracting Party to residents or nationals of either Contracting Party on\nthe basis that the other Contracting Party does not engage in effective exchange of\ninformation and\/or because it lacks transparency in the operation of its laws, regulations or\nadministrative practices, or on the basis of no or nominal taxes and one of the preceding\ncriteria.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 120\nRevised as at 31st December, 2020\nc\n\n3.\nWithout limiting the generality of paragraph 2 the term \u201cprejudicial or restrictive\nmeasure\u201d includes the denial of a deduction, credit or exemption, the imposition of a tax,\ncharge or levy, or special reporting requirements.\n4\nA \u201cprejudicial or restrictive measure\u201d does not include generally applicable\nmeasures, applied by either Contracting Party, such as Controlled Foreign Company rules,\nForeign Investment Fund rules, transfer pricing rules, thin capitalisation rules, or general\ninformation reporting rules that relate to the disclosure of information from other countries\nor jurisdictions, or transactions with such countries or jurisdictions, such as record keeping\nrequirements imposed on foreign owned subsidiaries to ensure access to information\nconcerning parent companies.\nARTICLE 11\nMutual agreement procedure\n1.\nThe competent authorities of the Contracting Parties shall jointly endeavour to\nresolve any difficulties or doubts arising as to the interpretation or application of this\nAgreement.\n2.\nIn addition to the endeavours referred to in paragraph 1, the competent authorities\nof the Contracting Parties may mutually determine the procedures to be used under Articles\n5 and 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for the purposes of this Article.\n4.\nThe Contracting Parties may agree on other forms of dispute resolution.\nARTICLE 12\nEntry into Force\nThe Government of the Cayman Islands and the Government of New Zealand shall\nnotify each other in writing through the diplomatic channel of the completion of their\nconstitutional and legal procedures for the entry into force of this Agreement. This\nAgreement shall enter into force on the date of the last notification, and shall thereupon\nhave effect with respect to all matters described in Article 1 for taxable periods beginning\non or after 1 January following entry into force, or where there is no taxable period, for all\ncharges to tax arising on or after 1 January following entry into force.\nARTICLE 13\nTermination\n1.\nThis Agreement shall continue in effect indefinitely, but either of the Contracting\nParties may, after the expiration of 3 years from the date of its entry into force, terminate\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 121\n\nthe agreement by giving to the other Contracting Party written notice of termination\nthrough the diplomatic channel.\n2.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of 6 months after the date of receipt of notice of termination by the\nother Contracting Party.\n3.\nNotwithstanding any termination of this Agreement, the Contracting Parties shall\nremain bound by the provisions of Article 8 with respect to any information obtained under\nthis Agreement.\nIN WITNESS WHEREOF the undersigned, duly authorised thereto by their\nrespective Governments, have signed this Agreement.\nDONE at Washington, DC this 13th day of August 2009, in duplicate in the English\nlanguage.\nFor the Government of the Cayman\nIslands:\nFor the Government of New Zealand:\nHON. W. MCKEEVA BUSH\nMINISTER FOR FINANCIAL\nSERVICES CAYMAN ISLANDS\nGOVERNMENT\nROY FERGUSON\nNEW ZEALAND AMBASSADOR TO\nTHE UNITED STATES\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 122\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 14\nEXCHANGE OF LETTERS BETWEEN THE GOVERNMENTS OF THE\nFRENCH REPUBLIC AND THE CAYMAN ISLANDS CONCERNING AN\nAGREEMENT FOR THE EXCHANGE OF INFORMATION RELATING\nTO TAX MATTERS\n30 September 2009\nMonsieur Eric WOERTH\nLe Ministre\nMinist\u00e8re du Budget, des Comptes Publics,\nde la Fonction Publique et de la R\u00e9forme de l\u2019\u00c9tat\n139 rue de Bercy\n75572 Paris Cedex 12\nMonsieur le Ministre,\nI have the honour, on behalf of my Government, to acknowledge receipt of your letter of\n16 September 2009 in which you advised me:\n\"J\u2019ai l\u2019honneur, d\u2019ordre de mon Gouvernement, de vous proposer les\ndispositions contenues dans l\u2019annexe de la pr\u00e9sente lettre. Je vous serais\noblig\u00e9e de me faire savoir si les termes de cette annexe recueillent\nl\u2019agr\u00e9ment de votre Gouvernement.\nDans ce cas, la pr\u00e9sente lettre et son annexe, ainsi que votre r\u00e9ponse,\nconstitueront l\u2019accord entre nos deux Gouvernements relatif \u00e0 l\u2019\u00e9change\nde renseignements en mati\u00e8re fiscale, accord qui entrera en vigueur apr\u00e8s\nla notification par chacun de nos deux Gouvernements \u00e0 l\u2019autre de\nl\u2019accomplissement des proc\u00e9dures internes requises par sa l\u00e9gislation\nconform\u00e9ment \u00e0 l\u2019article 12. \"\nIn response, I therefore inform you that pursuant to the powers conferred on me, the\nprovisions and annex to this letter obtain the approval of the Government of Cayman\nIslands.\nI assure you, Monsieur le Ministre, of my best regards.\nYours sincerely,\nHon. W. McKeeva Bush, OBE, JP\nLeader of Government Business (Premier Designate)\nand Minister of Financial Services, Tourism and Development\nLe Ministre\n\nParis, le 16 SEP. 2009\nNos r\u00e9f. : 1052 CAB BPC\nMonsieur le Ministre,\nJ\u2019ai l\u2019honneur, d\u2019ordre de mon Gouvernement, de vous proposer les dispositions contenues\ndans l\u2019annexe \u00e0 la pr\u00e9sente lettre. Je vous serais oblig\u00e9 de me faire savoir si les termes de\ncette annexe recueillent l\u2019agr\u00e9ment de votre Gouvernement.\nDans ce cas, la pr\u00e9sente lettre et son annexe, ainsi que votre r\u00e9ponse, constitueront l\u2019accord\nentre nos deux Gouvernements relatif \u00e0 l\u2019\u00e9change de renseignements en mati\u00e8re fiscale,\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 123\n\nqui entrera en vigueur apr\u00e8s la notification par chacun de nos deux Gouvernements \u00e0 l\u2019autre\nde l\u2019accomplissement des proc\u00e9dures internes requises par sa l\u00e9gislation, conform\u00e9ment \u00e0\nl\u2019article 12.\nJe vous prie de croire, Monsieur le Ministre, \u00e0 l\u2019assurance de ma consid\u00e9ration la meilleure.\nEric WOERTH\n\nHon. W. McKeeva Bush\nMinister for Financial Services\nCayman Islands Government\n4th Floor, Government Administration Building\nGeorge Town, Grand Cayman\nCayman Islands\nKY1-9000\n\n139, rue de Bercy - T\u00e9l\u00e9doc 146 - 75572 Paris Cedex 12\nANNEX\nWHEREAS the Government of the French Republic and the Government of Cayman\nIslands (\u201cthe Contracting Parties\u201d) wish to enhance and facilitate the terms and conditions\ngoverning the exchange of information relating to taxes;\nWHEREAS it is acknowledged that the Government of the Cayman Islands has the right\nunder the terms of its Entrustment from the United Kingdom to negotiate, conclude and\nperform a tax information exchange agreement with the Government of the French\nRepublic;\nNOW, therefore, the Contracting Parties have agreed to conclude the following Agreement\nwhich contains obligations on the part of the Contracting Parties only:\nARTICLE 1\nObject and Scope of the Agreement\n1.\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes and tax matters covered\nby this Agreement. Such information shall include information that is foreseeably relevant\nto the determination, assessment, verification and collection of such taxes, the recovery\nand enforcement of tax claims, or the investigation or prosecution of tax matters.\n2.\nThe rights and safeguards secured to persons by the laws or administrative practice\nof the Requested Party remain applicable to the extent that they do not unduly prevent or\ndelay effective exchange of information.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 124\nRevised as at 31st December, 2020\nc\n\nARTICLE 2\nJurisdiction\nTo enable the provisions of this Agreement to be implemented, information shall be\nprovided in accordance with this Agreement by the competent authority of the Requested\nParty without regard to whether the person to whom the information relates is, or whether\nthe information is held by, a resident or national or citizen of a Contracting Party. A\nRequested Party is not obliged to provide information, which is neither held by its\nauthorities nor in the possession of or in the control of or obtainable by persons who are\nwithin its territorial jurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThe taxes covered by this Agreement are the existing taxes imposed by the laws of\nthe Contracting Parties.\n2.\nThis Agreement shall also apply to any identical or substantially similar taxes\nimposed after the date of signature of this Agreement in addition to, or in place of, the\nexisting taxes.\n3.\nThe Agreement shall also apply to other taxes as may be agreed in an exchange of\nletters between the Contracting Parties.\n4.\nThe competent authorities of the Contracting Parties shall notify each other of any\nrelevant changes to the taxation and related information gathering measures covered by\nthis Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\n\u201cFrance\u201d means the European and overseas departments of the French\nRepublic including the territorial sea, and any area outside the territorial\nsea within which, in accordance with international law, the French\nRepublic has sovereign rights for the purpose of exploring and exploiting\nthe natural resources of the seabed and its subsoil and the superjacent\nwaters;\nb)\n\u201cCayman Islands\u201d means the territory of Cayman Islands and includes the\nterritorial sea, areas within the maritime boundaries of the Cayman Islands\nand any area within which in accordance with international law the rights\nof the Cayman Islands with respect to the seabed and subsoil and their\nnatural resources may be exercised;\nc)\nthe term \u201ccompetent authority\u201d means\ni)in the case of France, the Minister of Finance, or that person\u2019s authorised\nrepresentative;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 125\n\nii)in the case of Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\nd)\nthe term \u201cperson\u201d includes a natural person, a legal person, or any body or\ngroup of such persons;\ne)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nf)\nthe term \u201cRequesting Party\u201d means the Party requesting information;\ng)\nthe term \u201cRequested Party\u201d means the Party requested to provide\ninformation;\nh)\nthe term \u201cinformation gathering measures\u201d means laws and administrative,\njudicial or regulatory procedures that enable a Contracting Party to obtain\nand provide the requested information;\ni)\nthe term \u201cinformation\u201d means any fact, statement, document or record in\nany form whatever;\nj)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\nRequesting Party;\nk)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Contracting Party, any meaning under the applicable\ntax laws of that Contracting Party prevailing over a meaning given to the term under other\nlaws of that Contracting Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the Requested Party shall provide upon request in writing\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the Requested Party needs such information for its own tax\npurposes or the conduct being investigated would constitute a crime under the laws of the\nRequested Party if such conduct occurred in the Requested Party.\n2.\nIf the information in the possession of the competent authority of the Requested Party\nis not sufficient to enable it to comply with the request for information, that Contracting\nParty shall use all relevant information gathering measures to provide the Requesting Party\nwith the information requested, notwithstanding that the Requested Party may not need\nsuch information for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the Requesting Party, the\ncompetent authority of the Requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 126\nRevised as at 31st December, 2020\nc\n\n4.\nEach Contracting Party shall ensure that its competent authorities, for the purposes of\nthis Agreement, have the authority to obtain and provide upon request:\na)\ninformation held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity;\nb)\n\n(i) information regarding the legal ownership and the beneficial\nownership of companies, partnerships, collective investment\nschemes, and other persons;\n\n(ii) in the case of trusts, information on settlors, trustees, beneficiaries\nand protectors; and\n\n(iii) in the case of a foundation, information on the founders, members of\nthe foundation council and beneficiaries.\n5.\nThe competent authority of the Requesting Party shall provide the following\ninformation to the competent authority of the Requested Party:\na)\nthe identity of the person under examination or investigation;\nb)\nthe period of time with respect to which information is requested;\nc)\nthe nature of the information requested and the form in which the\nRequesting Party wishes to receive it;\nd)\nthe tax purposes for which the information is sought;\ne)\ngrounds for believing that the information requested is present in the\nRequested Party or is in the possession of, or in the control of or obtainable\nby a person within the jurisdiction of the Requested Party;\nf)\nto the extent known, the name and address of any person believed to be in\npossession of or control of or able to obtain the requested information;\ng)\na statement that the request conforms with the law and administrative\npractices of the Requesting Party;\nh)\na statement that the Requesting Party has pursued all means available in\nits own territory to obtain the information, except where that would give\nrise to disproportionate difficulties.\n6.\nTo ensure a prompt response, the competent authority of the Requested Party shall:\na)\nconfirm the receipt of a request in writing to the competent authority of the\nRequesting Party and shall notify the competent authority of the\nRequesting Party of any deficiencies in the request within 60 days of\nreceipt of the request;\nb)\nif the competent authority of the Requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request, it shall\ninform the Requesting Party, explaining the reason for its inability.\nARTICLE 6\nTax Examinations or Investigations Abroad\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 127\n\n1.\nThe Requested Party may, to the extent permitted under its domestic laws, following\nreasonable notice from the Requesting Party, allow representatives of the competent\nauthority of the Requesting Party to enter the territory of the Requested Party to interview\nindividuals and examine records with the prior written consent of the persons concerned.\nThe competent authority of the Requesting Party shall notify the competent authority of\nthe Requested Party of the time and place of the meeting with the persons concerned.\n2.\nAt the request of the competent authority of the Requesting Party, the competent\nauthority of the Requested Party may allow representatives of the competent authority of\nthe Requesting Party to attend a tax examination in the territory of the Requested Party.\n3.\nIf the request referred to in paragraph 2 is granted, the competent authority of the\nRequested Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the Requesting Party of the time and place of the examination, the\nauthority or official authorised to carry out the examination and the procedures and\nconditions required by the Requested Party for the conduct of the examination. All\ndecisions regarding the conduct of the tax examination shall be made by the Requested\nParty conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe competent authority of the Requested Party may decline to assist where the\nrequest is not made in conformity with this Agreement or where the disclosure of the\ninformation requested would be contrary to public policy (ordre public).\n2.\nThe provisions of this Agreement shall not impose upon a Contracting Party the\nobligation to provide items subject to legal privilege or to supply information which would\ndisclose any trade, business, industrial, commercial or professional secret or trade process,\nprovided that information described in Paragraph 4 of Article 5 shall not by reason of that\nfact alone be treated as such a secret or trade process.\n3.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n4.\nThe Requested Party shall not be required to obtain and provide information which\nthe Requesting Party would be unable to obtain under its own laws for the purpose of the\nadministration or enforcement of its own tax laws or in response to a valid request made in\nsimilar circumstances from the Requested Party under this Agreement.\n5.\nThe Requested Party may decline a request for information if the information is\nrequested by the Requesting Party to administer or enforce a provision of the tax law of the\nRequesting Party, or any requirement connected therewith, which discriminates against a\nnational or citizen of the Requested Party as compared with a national or citizen of the\nRequesting Party in the same circumstances.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 128\nRevised as at 31st December, 2020\nc\n\nARTICLE 8\nConfidentiality\n1.\nAll information received by the competent authority of a Contracting Party shall be\nkept confidential.\n2.\nInformation provided to the competent authority of the Requesting Party may be used\nfor purposes other than the purposes stated in Article 1 with the prior express written\nconsent of the Requested Party.\n3.\nInformation provided shall be disclosed only to persons or authorities (including\njudicial and administrative authorities) concerned with the purposes specified in this\nAgreement and used by such persons or authorities only for such purposes. For these\npurposes, information may be disclosed in public court proceedings or in judicial decisions.\n4.\nInformation provided to a Requesting Party under this Agreement may not be\ndisclosed to any other jurisdiction.\nARTICLE 9\nAdministrative Costs\nOrdinary costs incurred in providing assistance shall be borne by the Requested Party.\nThe Requested Party may request from the Requesting Party the reimbursement of direct\nextraordinary costs incurred in providing assistance.\nARTICLE 10\nImplementing Legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and give\neffect to, the terms of this Agreement. This includes: availability of information, access to\ninformation, exchange of information.\nARTICLE 11\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of this Agreement, the competent authorities shall\nendeavour to resolve the matter by mutual agreement.\n2.\nIn addition to these latter agreements, the competent authorities of the Contracting\nParties may mutually agree on the procedures to be used under Articles 5, 6 and 9.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for the purposes of reaching an agreement under this Article.\n4.\nThe Contracting Parties may also agree in writing on other forms of dispute resolution\nshould this become necessary.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 129\n\nARTICLE 12\nEntry Into Force\nThis Agreement shall enter into force when each Contracting Party has notified the other\nof the completion of its necessary internal procedures for entry into force. Upon the date\nof entry into force, it shall have effect:\na)\nfor criminal tax matters on that date; and\nb)\nfor all other matters covered in Article 1, on that date, but only in respect\nof taxable periods beginning on or after that date or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n1.\nEither Contracting Party may terminate this Agreement by serving a notice of\ntermination.\n2.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of three months after the date of receipt of notice of termination by\nthe other Contracting Party.\n3.\nIf the Agreement is terminated, the Contracting Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under this Agreement. All\nrequests received up to the effective date of termination will be dealt with in accordance\nwith the terms of this Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 130\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 15\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED\nUNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER\n2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND\nNORTHERN IRELAND, AND THE KINGDOM OF THE NETHERLANDS,\nIN RESPECT OF THE NETHERLANDS ANTILLES FOR THE\nEXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nThe Government of the Cayman Islands, and the Government of the Kingdom of the\nNetherlands, in respect of the Netherlands Antilles,\nDESIRING to strengthen the relationship between them through cooperation in taxation\nmatters,\nHave agreed as follows:\nARTICLE 1\nScope of the Agreement\n1.\nThe competent authorities of the Parties shall provide assistance through exchange of\ninformation that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning taxes covered by this Agreement. Such information\nshall include information that is foreseeably relevant to the determination, assessment and\ncollection of such taxes, the recovery and enforcement of tax claims, or the investigation\nor prosecution of tax matters. Information shall be exchanged in accordance with the\nprovisions of this Agreement and shall be treated as confidential in the manner provided in\nArticle 8. The rights and safeguards secured to persons by the laws or administrative\npractice of the requested Party remain applicable to the extent that they do not unduly\nprevent or delay effective exchange of information.\n2.\nAs regards the Kingdom of the Netherlands, this Agreement shall apply only to the\nNetherlands Antilles.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThe taxes which are the subject of this Agreement are:\na)\nin the case of the Cayman Islands, taxes of every kind and description\nexisting on the date of signature;\nb)\nin the Netherlands Antilles,\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 131\n\n(i)\nthe income tax (inkomtenbelasting);\n(ii)\nthe wages tax (loonbelasting);\n(iii)\nthe profit tax (winstbelasting); and\n(iv)\nthe surtaxes on the income and profit tax (opcenten op de\ninkomsten- en winstbelasting).\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes. This Agreement\nshall also apply to any substantially similar taxes imposed after the date of signature of the\nAgreement in addition to or in place of the existing taxes. Furthermore, the taxes covered\nmay be expanded or modified by mutual agreement of the Parties in the form of an\nexchange of letter. The competent authorities of the Parties shall notify each other of any\nsubstantial changes to the taxation and related information gathering measures covered by\nthe Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cParty\u201d means the Cayman Islands, or the Kingdom of the\nNetherlands, in respect of the Netherlands Antilles as the context requires;\nb)\nthe term \u201cCayman Islands\u201d means the territory of the Cayman Islands and\nincludes the territorial sea and areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \u201cthe Netherlands Antilles\u201d means the part of the Kingdom of the\nNetherlands that is situated in the Caribbean Sea and consisting of the\nIsland Territories of Bonaire, Cura\u00e7ao, Saba, St. Eustatius and St. Maarten\n(Dutch part) including the territorial waters thereof and the part of the\nseabed and its subsoil under the Caribbean Sea over which the Kingdom\nof the Netherlands has sovereign rights in accordance with international\nlaw but excluding the part thereof relating to Aruba;\nd)\nthe term \u201ccompetent authority\u201d means\ni)\nin the case of the Cayman Islands, the Tax Information Authority;\nii)\nin the case of the Netherlands Antilles, the Minister of Finance or that\nperson\u2019s authorised representative;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 132\nRevised as at 31st December, 2020\nc\n\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means the stock exchanges of the\nCayman Islands, the Netherlands Antilles and any stock exchange agreed\nupon by the competent authorities of the Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Party requesting information;\nm) the term \u201crequested Party\u201d means the Party requested to provide\ninformation;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Party to obtain and provide the\nrequested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the law of that Party, any meaning under the applicable tax laws of the\napplicant Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of information upon request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 133\n\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Parties to obtain or provide\nownership information with respect to publicly traded companies or public\ncollective investment funds or schemes unless such information can be\nobtained without giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation and the tax\nperiod of the person concerned;\nb)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nc)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\nd)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\nand, to the fullest extent possible:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 134\nRevised as at 31st December, 2020\nc\n\ne)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nf)\nthe tax purpose for which the information is sought;\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party.\nARTICLE 6\nTax examinations abroad\n1.\nA Party may, on request, allow representatives of the competent authority of the other\nParty to enter its territory to interview individuals and examine records with the written\nconsent of the persons concerned. The competent authority of the applicant Party shall\nnotify the competent authority of the requested Party of the time and place of the meeting\nwith the individuals concerned.\n2.\nAt the request of the competent authority of one Party, the competent authority of the\nother Party may allow representatives of the competent authority of the first-mentioned\nParty to be present at the appropriate part of a tax examination in the second-mentioned\nParty.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nParty conducting the examination shall, as soon as possible, notify the competent authority\nof the other Party about the time and place of the examination, the authority or official\ndesignated to carry out the examination and the procedures and conditions required by the\nfirst-mentioned Party for the conduct of the examination. All decisions with respect to the\nconduct of the tax examination shall be made by the Party conducting the examination.\nARTICLE 7\nPossibility of declining a request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Party the obligation to supply\ninformation which is subject to legal privilege or would disclose any trade, business,\nindustrial, commercial or professional secret or trade process. Notwithstanding the\nforegoing, information of the type referred to in Article 5, paragraph 4 shall not be treated\nas such a secret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 135\n\n4.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n5.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Party under this Agreement shall be treated as confidential\nand may be disclosed only to persons or authorities (including courts and administrative\nbodies) in the jurisdiction of the Party concerned with the assessment or collection of, the\nenforcement or prosecution in respect of, or the determination of appeals in relation to, the\ntaxes covered by this Agreement. Such persons or authorities shall use such information\nonly for such purposes. They may disclose the information in public court proceedings or\nin judicial decisions. The information may not be disclosed to any other person or entity or\nauthority or any other jurisdiction or used for any other purpose without the express written\nconsent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the competent\nauthorities.\nARTICLE 10\nLanguage\nRequests for assistance and answers thereto shall be drawn up in English.\nARTICLE 11\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of the Agreement, the competent authorities shall endeavour to resolve the\nmatter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 5 and 6.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\n4.\nThe Parties shall agree on other forms of dispute resolution should this become\nnecessary.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 136\nRevised as at 31st December, 2020\nc\n\nArticle 12\nEntry into force\nThis Agreement shall enter into force on the first day of the second month after the later of\nthe dates on which each of the Parties has notified the other, in writing, of the completion\nof its necessary internal procedures for entry into force. Upon the date of entry into force,\nit shall have effect;\na)\nfor criminal tax matters on that date, but only in respect of taxable periods\nbeginning on or after January 1st, 2010 or, where there is no taxable period,\nall charges to tax arising on or after January 1st, 2010; and\nb)\nfor all other matters covered in Article 1 on that date, but only in respect\nof taxable periods beginning on or after that date or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nArticle 13\nTermination\nThis Agreement shall remain in force until terminated by one of the Parties. Either Party\nmay terminate the Agreement, through diplomatic channels, by giving notice of\ntermination to the other Party at least six months before the end of any calendar year after\nthe expiration of a period of three years from the date of its entry into force. In such event\nthe Agreement shall cease to have effect for taxable years and periods beginning after the\nend of the calendar year in which the notice of termination has been given.\nIn the event of termination, both Parties shall remain bound by the provision of Article 8\nwith respect to any information obtained under the Agreement.\nIN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective\nGovernments, have signed this Agreement.\nDONE at Willemstad, this 29th day of October, 2009, in duplicate, in the English language.\nFOR THE CAYMAN ISLANDS:\nFOR THE KINGDOM OF THE\nNETHERLANDS, IN RESPECT OF\nTHE NETHERLANDS ANTILLES:\nSAMUEL BULGIN, QC\nERSILIA DE LANNOOY\n\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED UNDER\nTHE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE\nUNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE\nKINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS\nANTILLES CONCERNING THE INTERPRETATION AND APPLICATION OF THE\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AS AUTHORISED UNDER\nTHE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER 2009 FROM THE\nUNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, AND THE\nKINGDOM OF THE NETHERLANDS, IN RESPECT OF THE NETHERLANDS\nANTILLES FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 137\n\nThe Government of the Cayman Islands, and the Government of the Kingdom of the\nNetherlands, in respect of the Netherlands Antilles, (the \u201cParties\u201d),\nDESIRING to facilitate the exchange of information with respect to taxes,\nHave agreed as follows:\nI.\nAd Article 5(5)(g)\nWith respect to subparagraph g) of paragraph 5 of Article 5 of the Agreement between the\nCayman Islands as authorised under the letter of entrustment dated 1 September 2009 from\nthe United Kingdom of Great Britain and Northern Ireland, and the Kingdom of the\nNetherlands, in respect of the Netherlands Antilles for the Exchange of Information with\nrespect to Taxes (herein after referred to as \u201cthe Agreement\u201d) it is understood that the term\n\u201cpursued all means available in its own territory\u201d includes the requesting Party using\nexchange of information mechanisms it has in force with any third country in which the\ninformation is located.\nII.\nAd Article 5\nIf personal data is exchanged under the Agreement, the following additional provisions\nshall apply:\na)\nThe receiving authority may use such data only for the stated purpose and\nshall be subject to the conditions prescribed by the supplying authority;\nsuch use is also permitted, subject to the written consent required under\nArticle 8, for the prevention and prosecution of serious crimes and for the\npurpose of addressing serious threats to public security;\nb)\nThe receiving authority shall on request inform the supplying authority\nabout the use of the supplied data and the results achieved thereby;\nc)\nPersonal data may be supplied only to the responsible agencies. Any\nsubsequent supply to other agencies may be effected only with the prior\napproval of the supplying authority;\nd)\nThe supplying authority shall be obliged to take all reasonable care to\nensure that the data to be supplied are accurate and that they are necessary\nfor and proportionate to the purpose for which they are supplied. Any bans\non data supply prescribed under applicable domestic law shall be observed.\nIf it emerges that inaccurate data or data which should not have been\nsupplied have been supplied, the receiving authority shall be informed of\nthis without delay. That authority shall be obliged to correct or erase such\ndata without delay;\ne)\nUpon application the person concerned shall be informed of the supplied\ndata relating to that person and of the use to which such data are to be put.\nThere shall be no obligation to furnish this information if on balance it\nturns out that the public interest in withholding it outweighs the interest of\nthe person concerned in receiving it. In all other respects, the right of the\nperson concerned to be informed of the existing data relating to that person\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 138\nRevised as at 31st December, 2020\nc\n\nshall be governed by the domestic law of the Party in whose sovereign\nterritory the application for the information is made;\nf)\nThe receiving authority shall bear liability in accordance with its domestic\nlaws in relation to any person suffering unlawful damage as a result of\nsupply of data pursuant to this Agreement. In relation to the damaged\nperson, the receiving authority may not plead in its defence that the\ndamage had been caused by the supplying agency;\ng)\nIf the domestic law of the supplying authority provided, with respect to the\npersonal data supplied, for erasure within a certain period of time that\nauthority shall inform the receiving authority accordingly. Irrespective of\nsuch periods, supplied personal data shall be erased once they are no longer\nrequired for the purpose for which they were supplied;\nh)\nThe supplying and the receiving authority shall be obliged to keep official\nrecords of the supply and receipt of personal data;\ni)\nThe supplying and the receiving authority shall be obliged to take effective\nmeasures to protect the personal data supplied against unauthorised access,\nunauthorised alteration and unauthorised disclosure.\nIII. Ad article 12\nIn the event that a Party applies prejudicial or restrictive measures based on harmful tax\npractices to residents or nationals of the other Party, either Party may immediately initiate\nCompetent Authority proceedings to resolve the matter. A prejudicial or restrictive\nmeasure based on harmful tax practices is a measure applied by one Party to residents or\nnationals of either Party on the basis that any one or more of the following applies:\na)\nthe other Party does not engage in effective exchange of information;\nb)\nbecause it lacks transparency in the operation of its laws, regulations or\nadministrative practices; or,\nc)\non the basis of no or nominal taxes.\nWithout limiting the generality of the term, \"prejudicial or restrictive measure\" is not\nlimited solely to taxation matters and includes the denial of a deduction, credit or\nexemption, the imposition of a tax, charge or levy, or special reporting requirements, but\ndoes not include any generally applicable measure, applied by either Party against, amongst\nothers, members of the OECD generally.\nIV.\nIn the light of the experience of operating the Agreement, or to reflect changing\ncircumstances, either Party may wish to propose a variation in the terms of this Agreement.\nIf so, it is understood the other Party will agree to hold timely discussions with a view to\nrevising the terms of the Agreement.\na)\nThe competent authorities may initiate discussions in case:\n(i)the Cayman Islands enters into an agreement with another jurisdiction which\nprovides for other forms of exchange of information;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 139\n\n(ii)the Kingdom of the Netherlands, in respect of the Netherlands Antilles,\nenters into an agreement with another jurisdiction comparable to the\nCayman Islands which provides for other forms of exchange of\ninformation;\n(iii)the Cayman Islands introduces new legislation which enables other forms of\nexchange of information;\n(iv)the Netherlands Antilles introduces new legislation which enables other\nforms of exchange of information.\nb)\nIf the Cayman Islands enters into arrangements with another jurisdiction\ncomparable to the Netherlands Antilles for the provision of information\nwith respect to taxes that are less burdensome in any material respect than\nthe provisions of the Agreement, the Netherlands Antilles may initiate\ndiscussions with the Cayman Islands with a view to modifying the\nAgreement to have similar effect;\nc)\nIf the Netherlands Antilles enters into arrangements with another\njurisdiction comparable to the Cayman Islands for the provision of\ninformation with respect to taxes that are less burdensome in any material\nrespect than the provisions of the Agreement, the Cayman Islands may\ninitiate discussions with the Netherlands Antilles with a view to modifying\nthe Agreement to have similar effect.\nV.\nThis Protocol shall form an integral part of the Agreement between the Cayman Islands as\nauthorised under the letter of entrustment dated 1 September 2009 from the United\nKingdom of Great Britain and Northern Ireland, and the Kingdom of the Netherlands, in\nrespect of the Netherlands Antilles for the exchange of information with respect to tax\nmatters, and shall enter into force on the same date as the Agreement.\nVI.\nThe Parties may, by mutual arrangement, amend this Protocol at any time in writing. Such\namendment shall enter into force on the first day of the second month after the Parties have\nnotified each other in writing that the constitutional or internal requirements for the entry\ninto force of the amendment have been complied with.\nIN WITNESS WHEREOF the undersigned, being duly authorised in that behalf by their\nrespective Governments, have signed this Protocol.\nDONE at Willemstad, this 29th day of October, 2009, in duplicate, in the English language.\nFOR THE CAYMAN ISLANDS:\nFOR THE KINGDOM OF THE\nNETHERLANDS, IN RESPECT OF\nTHE NETHERLANDS ANTILLES:\nSAMUEL BULGIN, QC\nERSILIA DE LANNOOY\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 140\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 16\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF AUSTRALIA ON THE\nEXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nWhereas it is acknowledged that the Cayman Islands under the Terms of its Entrustment\nfrom the United Kingdom is authorised to negotiate, conclude and perform a Tax\nInformation Exchange Agreement with Australia;\nNow, therefore, the Government of the Cayman Islands and the Government of Australia\n(\"the Contracting Parties\") have agreed to conclude the following Agreement which\ncontains obligations on the part of the Cayman Islands and Australia only,\nARTICLE 1\nObject and scope of this agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of those Parties concerning taxes covered by this Agreement. Such\ninformation shall include information that is foreseeably relevant to the determination,\nassessment and collection of such taxes, the recovery and enforcement of tax claims, or the\ninvestigation or prosecution of tax matters. Information shall be provided in accordance\nwith the provisions of this Agreement and shall be treated as confidential in the manner\nprovided in Article 8. The rights and safeguards secured to persons by the laws or\nadministrative practice of the Requested Party remain applicable. The Requested Party\nshall use its best endeavours to ensure that any such rights and safeguards are not applied\nin a manner that unduly prevents or delays effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1\nThe existing taxes which are the subject of this Agreement are taxes of every kind\nand description imposed by or on behalf of the Contracting Parties.\n2\nThis Agreement shall also apply to any identical or substantially similar taxes\nimposed after the date of signature of this Agreement in addition to, or in place of, the\nexisting taxes.  This Agreement shall also apply to such other taxes as may be agreed in an\nexchange of letters between the Contracting Parties. The competent authorities of the\nContracting Parties shall notify each other of any substantial changes to the taxation and\nrelated information gathering measures covered by this Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 141\n\n3\nThis Agreement shall not apply to taxes imposed by states, municipalities, or other\npolitical subdivisions, or possessions of a Contracting Party.\nArticle 4\nDefinitions\n1\nFor the purposes of this Agreement, unless otherwise defined:\n(a) the term \"Applicant Party\" means the Contracting Party requesting\ninformation;\n(b) the term \"Cayman Islands\" means the territory of the Cayman Islands and\nincludes its territorial sea and any areas beyond its territorial sea within\nwhich sovereign rights with respect to the seabed and sub-soil and their\nnatural resources may be exercised in accordance with international law;\n(c) the term \"Australia\", when used in a geographical sense, excludes all\nexternal territories other than:\n\n(i) the Territory of Norfolk Island;\n\n(ii) the Territory of Christmas Island;\n\n(iii) the Territory of Cocos (Keeling) Islands;\n\n(iv) the Territory of Ashmore and Cartier Islands;\n\n(v) the Territory of Heard Island and McDonald Islands; and\n(vi) the Coral Sea Islands Territory,\nand includes any area adjacent to the territorial limits of Australia\n(including the Territories specified in this subparagraph) in respect of\nwhich there is for the time being in force, consistently with international\nlaw, a law of Australia dealing with the exploration for or exploitation of\nany of the natural resources of the exclusive economic zone or the seabed\nand subsoil of the continental shelf;\n(d) the term \"collective investment fund or scheme\" means any pooled\ninvestment vehicle, irrespective of legal form. The term \"public collective\ninvestment fund or scheme\" means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \"by the public\" if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\n(e) the term \"company\" means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(f)\nthe term \"competent authority\" means in the case of the Cayman Islands,\nthe Tax Information Authority and, in the case of Australia, the\nCommissioner of Taxation or an authorised representative of the\nCommissioner;\n(g) the term \"Contracting Party\" means the Cayman Islands or Australia as the\ncontext requires;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 142\nRevised as at 31st December, 2020\nc\n\n(h) the term \"criminal laws\" means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes;\n(i)\nthe term \"criminal tax matters\" means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\nApplicant Party;\n(j)\nthe term \"information\" means any fact, statement or record in any form\nwhatever;\n(k) the term \"information gathering measures\" means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\n(l)\nthe term \"person\" includes an individual, a company and any other body\nof persons;\n(m) the term \"principal class of shares\" means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n(n) the term \"publicly traded company\" means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \"by the public\" if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(o) the term \"recognised stock exchange\" means the Cayman Islands Stock\nExchange, the Australian Stock Exchange and any other stock exchange\nagreed upon by the competent authorities of the Contracting Parties;\n(p) the term \"Requested Party\" means the Contracting Party requested to\nprovide information;\n(q) the term \"Requesting Party\" means the Contracting Party requesting\ninformation; and\n(r)\nthe term \"tax\" means any tax to which this Agreement applies.\n2\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of information upon request\n1\nThe competent authority of the Requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be provided\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the Requested Party if such conduct occurred in the Requested Party.\n2\nIf the information in the possession of the competent authority of the Requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the Applicant Party with the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 143\n\ninformation requested, notwithstanding that the Requested Party may not need such\ninformation for its own tax purposes.\n3\nIf specifically requested by the competent authority of an Applicant Party, the\ncompetent authority of the Requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4\nEach Contracting Party shall ensure that its competent authority for the purposes\nspecified in Article 1 of this Agreement, has the authority to obtain and provide upon\nrequest:\n(a) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\n(b) information regarding the ownership of companies, partnerships, trusts,\nfoundations, \"Anstalten\" and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees,\nbeneficiaries and protectors; and in the case of foundations, information\non founders, members of the foundation council and beneficiaries. Further,\nthis Agreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5\nThe competent authority of the Applicant Party shall provide the following\ninformation to the competent authority of the Requested Party when making a request for\ninformation under this Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the Applicant Party wishes to receive the information from the\nRequested Party;\n(c) the tax purpose for which the information is sought;\n(d) the grounds for believing that the information requested is held in the\nRequested Party or is in the possession or control of a person within the\njurisdiction of the Requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the Applicant Party, that if the requested\ninformation was within the jurisdiction of the Applicant Party then the\ncompetent authority of the Applicant Party would be able to obtain the\ninformation under the laws of the Applicant Party or in the normal course\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 144\nRevised as at 31st December, 2020\nc\n\nof administrative practice and that the information request is in conformity\nwith this Agreement; and\n(g) a statement that the Applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6\nThe competent authority of the Requested Party shall forward the requested\ninformation as promptly as possible to the Applicant Party. To ensure a prompt response,\nthe competent authority of the Requested Party shall:\n(a) confirm receipt of a request in writing to the competent authority of the\nApplicant Party and shall notify the competent authority of the Applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request; and\n(b) if the competent authority of the Requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\nApplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nArticle 6\nTax examinations abroad\n1\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2\nAt the request of the competent authority of one of the Contracting Parties, the\ncompetent authority of the other Contracting Party may allow representatives of the\ncompetent authority of the first-mentioned Party to be present at the appropriate part of a\ntax examination in the second-mentioned Party.\n3\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 145\n\nArticle 7\nPossibility of declining a request\n1\nThe Requested Party shall not be required to obtain or provide information that the\nApplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nRequested Party may decline to assist where the request is not made in conformity with\nthis Agreement.\n2\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in paragraph 4 of Article 5 shall not be treated as such\na secret or trade process merely because it meets the criteria in that paragraph.\n3\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice; or\n(b) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4\nThe Requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed by the taxpayer.\n6\nThe Requested Party may decline a request for information if the information is\nrequested by the Applicant Party to administer or enforce a provision of the tax law of the\nApplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the Requested Party as compared with a national of the Applicant Party in the\nsame circumstances.\nArticle 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes covered by this Agreement. Such persons\nor authorities shall use such information only for such purposes. They may disclose the\ninformation in public court proceedings or in judicial decisions. The information may not\nbe disclosed to any other person or entity or authority or any other jurisdiction without the\nexpress written consent of the competent authority of the Requested Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 146\nRevised as at 31st December, 2020\nc\n\nARTICLE 9\nCosts\nThe incidence of costs incurred in providing assistance shall be agreed by the competent\nauthorities of the Parties.\nARTICLE 10\nImplementation legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and give\neffect to, the terms of this Agreement.\nARTICLE 11\nMutual agreement procedure\n1\nThe competent authorities of the Contracting Parties shall jointly endeavour to resolve\nany difficulties or doubts arising as to the interpretation or application of this Agreement.\n2\nIn addition to the endeavours referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually determine the procedures to be used under Articles\n5 and 6.\n3\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for the purposes of this Article.\n4\nThe Contracting Parties may also agree on other forms of dispute resolution.\nARTICLE 12\nEntry into force\nThe Contracting Parties shall notify each other in writing through the appropriate channel\nof the completion of their constitutional and legal procedures for the entry into force of this\nAgreement. This Agreement shall enter into force on the date of the last notification, and\nshall thereupon have effect:\n(a) for criminal tax matters from 1 July 2010; and\n(b) for all other matters covered in Article 1 from 1 July 2010, but only in\nrespect of taxable periods beginning on or after that date or, where there is\nno taxable period, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n1\nThis Agreement shall continue in effect indefinitely, but either of the Contracting\nParties may give written notice of termination to the other Contracting Party through the\nappropriate channel.\n2\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of 6 months after the date of receipt of notice of termination by the\nother Contracting Party.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 147\n\n3\nNotwithstanding any termination of this Agreement, the Contracting Parties shall\nremain bound by the provisions of Article 8 with respect to any information obtained under\nthis Agreement.\nIN WITNESS WHEREOF the undersigned, duly authorised thereto by their respective\nGovernments, have signed this Agreement.\nDONE at Washington, DC, this 30th day of March 2010, in duplicate.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR\nTHE\nGOVERNMENT\nOF\nAUSTRALIA:\n\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nH.E. THE HON. KIM BEAZLEY AC\nAUSTRALIAN AMBASSADOR TO\nTHE UNITED STATES\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 148\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 17\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AS AUTHORISED UNDER THE LETTER OF ENTRUSTMENT\nDATED 1 SEPTEMBER 2009 FROM THE UNITED KINGDOM OF\nGREAT BRITAIN AND NORTHERN IRELAND AND THE KINGDOM OF\nTHE NETHERLANDS, IN RESPECT OF ARUBA, FOR THE\nEXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nThe Government of the Cayman Islands and the Kingdom of the Netherlands, in respect of\nAruba,\nDESIRING to strengthen the relationship between them through cooperation in taxation\nmatters,\nHave agreed as follows:\nARTICLE 1\nScope of the Agreement\n1.\nThe competent authorities of the Parties shall provide assistance through exchange of\ninformation that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning taxes covered by this Agreement. Such information\nshall include information that is foreseeably relevant to the determination, assessment and\ncollection of such taxes, the recovery and enforcement of tax claims, or the investigation\nor prosecution of tax matters. Information shall be exchanged in accordance with the\nprovisions of this Agreement and shall be treated as confidential in the manner provided in\nArticle 8. The rights and safeguards secured to persons by the laws or administrative\npractice of the requested Party remain applicable to the extent that they do not unduly\nprevent or delay effective exchange of information.\n2.\nAs regards the Kingdom of the Netherlands, this Agreement shall apply only to\nAruba.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThe taxes which are the subject of this Agreement are taxes of every kind and\ndescription existing on the date of signature.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 149\n\nThis Agreement shall also apply to any substantially similar taxes imposed after the date\nof signature of the Agreement in addition to or in place of the existing taxes. The competent\nauthorities of the Parties shall notify each other of any substantial changes to the taxation\nand related information gathering measures covered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cParty\u201d means the Kingdom of the Netherlands, in respect of\nAruba, or the Cayman Islands as the context requires;\nb)\nthe term \u201cAruba\u201d means that part of the Kingdom of the Netherlands that\nis situated in the Caribbean area and consisting of the Island Aruba;\nc)\nthe term \u201cCayman Islands\u201d means the territory of the Cayman Islands and\nincludes the territorial sea and areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nd)\nthe term \u201ccompetent authority\u201d means\n\ni) in the case of Aruba, the Minister of Finance and Economic Affairs\nor that person\u2019s authorised representative;\n\nii) in the case of the Cayman Islands the Tax Information Authority;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means the stock exchanges of the\nNetherlands, the Cayman Islands and any stock exchange agreed upon by\nthe competent authorities of the Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 150\nRevised as at 31st December, 2020\nc\n\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Party requesting information;\nm) the term \u201crequested Party\u201d means the Party requested to provide\ninformation;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Party to obtain and provide the\nrequested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the law of that Party, any meaning under the applicable tax laws of the\napplicant state prevailing over a meaning given to the term under other laws of that state.\nARTICLE 5\nExchange of information upon request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 151\n\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Parties to obtain or provide\nownership information with respect to publicly traded companies or public\ncollective investment funds or schemes unless such information can be\nobtained without giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation and the tax\nperiod of the person concerned;\nb)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nc)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\nd)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\nand, to the fullest extent possible:\ne)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nf)\nthe tax purpose for which the information is sought;\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party.\nARTICLE 6\nTax examinations abroad\n1.\nA Party may, on request, allow representatives of the competent authority of the other\nParty to enter its territory to interview individuals and examine records with the written\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 152\nRevised as at 31st December, 2020\nc\n\nconsent of the persons concerned. The competent authority of the applicant Party shall\nnotify the competent authority of the requested Party of the time and place of the meeting\nwith the individuals concerned.\n2.\nAt the request of the competent authority of one Party, the competent authority of the\nother Party may allow representatives of the competent authority of the first-mentioned\nParty to be present at the appropriate part of a tax examination in the second-mentioned\nParty.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nParty conducting the examination shall, as soon as possible, notify the competent authority\nof the other Party about the time and place of the examination, the authority or official\ndesignated to carry out the examination and the procedures and conditions required by the\nfirst-mentioned Party for the conduct of the examination. All decisions with respect to the\nconduct of the tax examination shall be made by the Party conducting the examination.\nARTICLE 7\nPossibility of declining a request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Party the obligation to supply\ninformation which is subject to legal privilege or would disclose any trade, business,\nindustrial, commercial or professional secret or trade process. Notwithstanding the\nforegoing, information of the type referred to in Article 5, paragraph 4 shall not be treated\nas such a secret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n4.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n5.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Party under this Agreement shall be treated as confidential\nand may be disclosed only to persons or authorities (including courts and administrative\nbodies) in the jurisdiction of the Party concerned with the assessment or collection of, the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 153\n\nenforcement or prosecution in respect of, or the determination of appeals in relation to, the\ntaxes covered by this Agreement. Such persons or authorities shall use such information\nonly for such purposes. They may disclose the information in public court proceedings or\nin judicial decisions. The information may not be disclosed to any other person or entity or\nauthority or any other jurisdiction or used for any other purpose without the express written\nconsent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the competent\nauthorities.\nARTICLE 10\nLanguage\nRequests for assistance and answers thereto shall be drawn up in English.\nARTICLE 11\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of the Agreement, the competent authorities shall endeavour to resolve the\nmatter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 5 and 6.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\n4.\nThe Parties shall agree on other forms of dispute resolution should this become\nnecessary.\nARTICLE 12\nEntry into force\nThis Agreement shall enter into force on the first day of the second month after the later of\nthe dates on which each of the Parties has notified the other in writing, of the completion\nof its necessary internal procedures for entry into force. Upon the date of entry into force,\nit shall have effect:\na)\nfor criminal tax matters  on that date, but only in respect of taxable periods\nbeginning on or after January 1st, 2004 or, where there is no taxable period,\nall charges to tax arising on or after January 1st, 2004; and\nb)\nfor all other matters covered in Article 1 on that date, but only in respect\nof taxable periods beginning on or after that date or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 154\nRevised as at 31st December, 2020\nc\n\n1.\nThis Agreement shall remain in force until terminated by one of the Parties. Either\nParty may terminate the Agreement by giving notice of termination through diplomatic\nchannel at least six months before the end of any calendar year after the expiration of a\nperiod of three years from the date of its entry into force. In such event the Agreement shall\ncease to have effect for taxable years and periods beginning after the end of the calendar\nyear in which the notice of termination has been given.\n2.\nIn the event of termination, both Parties shall remain bound by the provision of Article\n8 with respect to any information obtained under the Agreement.\nIN WITNESS WHEREOF the undersigned, duly authorized thereto by their respective\nGovernments, have signed this Agreement.\nDONE at Oranjestad, this 9th day of April 2010, and at Grand Cayman, this 20th of April\n2010, in duplicate, in the English language.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR THE KINGDOM OF THE\nNETHERLANDS IN RESPECT OF\nARUBA:\n\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nMR. M.E. DE MEZA\nMINISTER\nFOR\nFINANCE\nCOMMUNICATION,\nUTILITIES\nAND ENERGY OF ARUBA\n\nPROTOCOL BETWEEN THE GOVERNMENT OF THE CAYMAN ISLANDS AS\nAUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER\n2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN\nIRELAND, AND THE KINGDOM OF THE NETHERLANDS, IN RESPECT OF\nARUBA CONCERNING THE INTERPRETATION AND APPLICATION OF THE\nAGREEMENT BETWEEN THE KINGDOM OF THE NETHERLANDS, IN RESPECT\nOF ARUBA, AND THE GOVERNMENT OF THE CAYMAN ISLANDS AS\nAUTHORISED UNDER THE LETTER OF ENTRUSTMENT DATED 1 SEPTEMBER\n2009 FROM THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN\nIRELAND FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nThe Kingdom of the Netherlands, in respect of Aruba, and Government of the Cayman\nIslands (the \u201cParties\u201d),\nDESIRING to facilitate the exchange of information with respect to taxes,\nHave agreed as follows:\nI.\nAd Article 5(5)(g)\nWith respect to subparagraph g) of paragraph 5 of Article 5 of the Agreement between the\nKingdom of the Netherlands, in respect of Aruba, and the Government of the Cayman\nIslands as authorised under the letter of entrustment dated 1 September 2009 from the\nUnited Kingdom of Great Britain and Northern Ireland for the Exchange of Information\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 155\n\nwith Respect to Taxes (herein after referred to as \u201cthe Agreement\u201d) it is understood that\nthe term \u201cpursued all means available in its own territory\u201d includes the requesting Party\nusing exchange of information mechanisms it has in force with any third country in which\nthe information is located.\nII.\nAd Article 5\nIf personal data is exchanged under the Agreement, the following additional provisions\nshall apply:\na)\nThe receiving authority may use such data only for the stated purpose and\nshall be subject to the conditions prescribed by the supplying authority;\nsuch use is also permitted, subject to the written consent required under\nArticle 8, for the prevention and prosecution of serious crimes and for the\npurpose of addressing serious threats to public security;\nb)\nThe receiving authority shall on request inform the supplying authority\nabout the use of the supplied data and the results achieved thereby;\nc)\nPersonal data may be supplied only to the responsible agencies. Any\nsubsequent supply to other agencies may be effected only with the prior\napproval of the supplying authority;\nd)\nThe supplying authority shall be obliged to take all reasonable care to\nensure that the data to be supplied are accurate and that they are necessary\nfor and proportionate to the purpose for which they are supplied. Any bans\non data supply prescribed under applicable domestic law shall be observed.\nIf it emerges that inaccurate data or data which should not have been\nsupplied have been supplied, the receiving authority shall be informed of\nthis without delay. That authority shall be obliged to correct or erase such\ndata without delay;\ne)\nUpon application the person concerned shall be informed of the supplied\ndata relating to that person and of the use to which such data are to be put.\nThere shall be no obligation to furnish this information if on balance it\nturns out that the public interest in withholding it outweighs the interest of\nthe person concerned in receiving it. In all other respects, the right of the\nperson concerned to be informed of the existing data relating to that person\nshall be governed by the domestic law of the Party in whose sovereign\nterritory the application for the information is made;\nf)\nThe receiving authority shall bear liability in accordance with its domestic\nlaws in relation to any person suffering unlawful damage as a result of\nsupply of data pursuant to this Agreement. In relation to the damaged\nperson, the receiving authority may not plead in its defence that the\ndamage had been caused by the supplying agency;\ng)\nIf the domestic law of the supplying authority provided, with respect to the\npersonal data supplied, for erasure within a certain period of time that\nauthority shall inform the receiving authority accordingly. Irrespective of\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 156\nRevised as at 31st December, 2020\nc\n\nsuch periods, supplied personal data shall be erased once they are no longer\nrequired for the purpose for which they were supplied;\nh)\nThe supplying and the receiving authority shall be obliged to keep official\nrecords of the supply and receipt of personal data;\ni)\nThe supplying and the receiving authority shall be obliged to take effective\nmeasures to protect the personal data supplied against unauthorised access,\nunauthorised alteration and unauthorised disclosure.\nIII. Ad article 11\nIn the event that a Party applies prejudicial or restrictive measures based on harmful tax\npractices to residents or nationals of the other Party, either Party may immediately initiate\nCompetent Authority proceedings to resolve the matter. A prejudicial or restrictive\nmeasure based on harmful tax practices is a measure applied by one Party to residents or\nnationals of either Party on the basis that any one or more of the following applies:\na)\nthe other Party does not engage in effective exchange of information;\nb)\nbecause it lacks transparency in the operation of its laws, regulations or\nadministrative practices; or,\nc)\non the basis of no or nominal taxes.\nWithout limiting the generality of the term, \"prejudicial or restrictive measure\" is not\nlimited solely to taxation matters and includes the denial of a deduction, credit or\nexemption, the imposition of a tax, charge or levy, or special reporting requirements, but\ndoes not include any generally applicable measure, applied by either Party against, amongst\nothers, members of the OECD generally.\nIV.\nIn the light of the experience of operating the Agreement, or to reflect changing\ncircumstances, either Government may wish to propose a variation in the terms of this\nAgreement. If so, it is understood the other Government will agree to hold timely\ndiscussions with a view to revising the terms of the Agreement.\na)\nThe competent authorities may initiate discussions in case:\ni)the Kingdom of the Netherlands, in respect of Aruba, enters into an agreement\nwith another jurisdiction comparable to the Cayman Islands which\nprovides for other forms of exchange of information;\nii)the Government of the Cayman Islands enters into an agreement with another\njurisdiction which provides for other forms of exchange of\ninformation;\niii)the Government of the Cayman Islands introduces new legislation which\nenables other forms of exchange of information.\nb)\nIf the Kingdom of the Netherlands, in respect of Aruba enters into\narrangements with another jurisdiction comparable to the Cayman Islands\nfor the provision of information with respect to taxes that are less\nburdensome in any material respect than the provisions of the Agreement,\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 157\n\nthe Cayman Islands may initiate discussions with Aruba with a view to\nmodifying the Agreement to have similar effect.\nV.\nThis Protocol shall form an integral part of the Agreement between the Kingdom of The\nNetherlands, in respect of Aruba, and the Government of the Cayman Islands as authorised\nunder the letter of entrustment dated 1 September 2009 from the United Kingdom of Great\nBritain and Northern Ireland for the exchange of information with respect to tax matters,\nand shall enter into force on the same date as the Agreement.\nVI.\nThe Parties may, by mutual arrangement, amend this Protocol at any time in writing. Such\namendment shall enter into force on the first day of the second month after the Parties have\nnotified each other in writing that the constitutional or internal requirements for the entry\ninto force of the amendment have been complied with.\nIN WITNESS WHEREOF the undersigned, being duly authorised thereto by their\nrespective Governments, have signed this Protocol.\nDONE at Oranjestad, this 9th day of April 2010, and at Grand Cayman, this 20th of April\n2010, in duplicate, in the English language.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR THE KINGDOM OF THE\nNETHERLANDS IN RESPECT OF\nARUBA:\n\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nMR. M.E. DE MEZA\nMINISTER\nFOR\nFINANCE\nCOMMUNICATION,\nUTILITIES\nAND ENERGY OF ARUBA\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 158\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 18\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS (AS AUTHORISED BY LETTER OF ENTRUSTMENT FROM\nTHE GOVERNMENT OF THE UNITED KINGDOM OF GREAT BRITAIN\nAND NORTHERN IRELAND) AND THE PORTUGUESE REPUBLIC\nCONCERNING EXCHANGE OF INFORMATION ON TAX MATTERS\nThe Government of the Cayman Islands and the Portuguese Republic, hereinafter referred\nto as \u201cParties\u201d,\nDesiring to facilitate the Exchange of Information with respect to taxes,\nHave agreed as follows:\nARTICLE 1\nScope of the agreement\n1.\nThe competent authorities of the Parties shall provide assistance through exchange of\ninformation upon request as set forth in this Agreement. Such information shall:\na)\nBe foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Requesting Parties concerning taxes covered by this\nAgreement;\nb)\nInclude information that is foreseeably relevant to the determination,\nassessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of criminal tax matters; and\nc)\nBe treated as confidential as set forth in this Agreement.\n2.\nThe rights and safeguards secured to persons by the laws or administrative practice\nof the requested Party remain applicable to the extent that they do not unduly prevent or\ndelay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed by the Parties\na)\nIn Portugal:\ni.\nPersonal income tax (imposto sobre o rendimento das pessoas\nsingulares  IRS);\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 159\n\nii.\nCorporate income tax (imposto sobre o rendimento das pessoas\ncolectivas  IRC);\niii.\nLocal surtax on corporate income tax (Derrama);\niv.\nStamp duty on gratuitous transfers (Imposto do Selo sobre as\ntransmiss\u00f5es gratuitas); and\nb)\nIn the Cayman Islands, any tax imposed by the Cayman Islands which is\nsubstantially similar to existing taxes of Portugal to which this agreement\napplies\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Parties shall notify each other of any\nsubstantial changes to the taxation and related information gathering measures covered by\nthe Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nThe term \u201cParty\u201d means the Cayman Islands or Portugal as the context\nrequires;\nb)\nThe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which, in accordance with\ninternational law, the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nThe term \u201cPortugal\u201d means territory of the Portuguese Republic situated\nin the European continent, the archipelagos of Azores and Madeira, the\nterritorial sea and inland waters thereof as well as the continental shelf and\nany other area wherein the Portuguese State exercises sovereign rights or\njurisdiction in accordance with the rules of international law and the laws\nof the Portuguese Republic;\nd)\nThe term \u201ccompetent authority\u201d means:\n\n(i) In the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it.\n\n(ii) In Portugal, the Minister of Finance, the Director General of Taxation\n(Director-Geral dos Impostos) or their authorized representative;\ne)\nThe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nThe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nThe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 160\nRevised as at 31st December, 2020\nc\n\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nThe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nThe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Parties;\nj)\nThe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nThe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nThe term \u201capplicant Party\u201d means the Party requesting information;\nm) The term \u201crequested Party\u201d means the Party requested to provide\ninformation;\nn)\nThe term \u201cinformation gathering measures\u201d means laws and\nadministrative or judicial procedures that enable a Party to obtain and\nprovide the requested information;\no)\nThe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nThe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nThe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the law of that Party, any meaning under the applicable tax laws of that\nParty prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 161\n\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Party shall ensure that its competent authorities for the purposes specified in\nArticle 1 of the Agreement, have the authority to obtain and provide upon request:\na)\nInformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nand\nb)\nInformation regarding the ownership of companies, partnerships, trusts,\nfoundations, and other persons, including, within the constraints of Article\n2, ownership information on all such persons in an ownership chain; in the\ncase of trusts, information on settlors, trustees and beneficiaries; and in the\ncase of foundations, information on founders, members of the foundation\ncouncil and beneficiaries. Further, this Agreement does not create an\nobligation on the Parties to obtain or provide ownership information with\nrespect to publicly traded companies or public collective investment funds\nor schemes unless such information can be obtained without giving rise to\ndisproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nThe identity of the person under examination or investigation;\nb)\nA statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nc)\nThe tax purpose for which the information is sought;\nd)\nGrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nTo the extent known, the name and address of any person believed to be\nin possession of the requested information;\nf)\nA statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 162\nRevised as at 31st December, 2020\nc\n\ng)\nA statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Party may allow representatives of the competent authority of the other Party to\nenter the territory of the first-mentioned Party to interview individuals and examine records\nwith the written consent of the persons concerned. The competent authority of the secondmentioned Party shall notify the competent authority of the first-mentioned Party of the\ntime and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Party, the competent authority of the\nother Party may allow representatives of the competent authority of the first-mentioned\nParty to be present at the appropriate part of a tax examination in the second-mentioned\nParty.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nParty conducting the examination shall, as soon as possible, notify the competent authority\nof the other Party about the time and place of the examination, the authority or official\ndesignated to carry out the examination and the procedures and conditions required by the\nfirst-mentioned Party for the conduct of the examination. All decisions with respect to the\nconduct of the tax examination shall be made by the Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 163\n\n2.\nThe provisions of this Agreement shall not impose on a Party the obligation to supply\ninformation which would disclose any trade, business, industrial, commercial or\nprofessional secret or trade process. Notwithstanding the foregoing, information of the type\nreferred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process\nmerely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Party the obligation to obtain\nor provide information, which would reveal confidential communications between a client\nand an attorney, solicitor or other admitted legal representative where such\ncommunications are:\na)\nProduced for the purposes of seeking or providing legal advice or\nb)\nProduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\n1.\nAll information provided and received by the competent authorities of the Parties\nshall be kept confidential.\n2.\nSuch information shall be disclosed only to persons or authorities (including courts\nand administrative bodies) concerned with the purposes specified in Article 1, and used by\nsuch persons or authorities only for such purposes, including the determination of any\nappeal. For these purposes, information may be disclosed in public court proceedings or in\njudicial decisions.\n3.\nSuch information may not be used for any purpose other than for the purposes stated\nin Article 1 without the expressed written consent of the competent authority of the\nrequested Party.\n4.\nInformation provided to a requesting Party under this Agreement may not be\ndisclosed to any other jurisdiction.\n5.\nPersonal data may be transmitted to the extent necessary for carrying out the\nprovisions of this Agreement and subject to the law of the requested Party.\n6.\nThe Parties shall ensure the protection of personal data at a level that is equivalent to\nthat of Directive 95\/46\/EC of The European Parliament and of the Council of 24 October\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 164\nRevised as at 31st December, 2020\nc\n\n1995 and shall comply with the guidelines established by the United Nations General\nAssembly Resolution 45\/95, adopted on the 14th December 1990.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Parties.\nARTICLE 10\nImplementation legislation\nThe Parties shall enact any legislation necessary to comply with, and give effect to, the\nterms of this Agreement.\nARTICLE 11\nLanguage\nRequests for assistance and answers thereto shall be drawn up in English or any other\nlanguage agreed bilaterally between the competent authorities of the Parties under Article\n12.\nARTICLE 12\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 5 and 6.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\nARTICLE 13\nEntry into Force\n1.\nThis Agreement shall enter into force thirty days from the date on which the Parties\nhave notified each other that their respective requirements for the entry into force of this\nAgreement have been fulfilled. The relevant date shall be the day on which the last\nnotification is received.\n2.\nUpon the date of entry into force, this Agreement shall have effect:\na)\nFor criminal tax matters on that date; and\nb)\nFor all other matters covered in Article 1 on that date, but only in respect\nof taxable periods beginning on or after that date or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 14\nDuration and Termination\n1.\nThe present Agreement shall remain in force for an unlimited period of time.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 165\n\n2.\nEither Party may, at any time, terminate the present Agreement upon a prior\nnotification in writing through diplomatic channels.\n3.\nThe present Agreement shall terminate six months after the receipt of such\nnotification.\n4.\nNotwithstanding the termination, the Parties shall remain bound to the provisions of\nArticle 8 of the present Agreement.\nIN WITNESS WHEREOF the undersigned being duly authorised in that behalf by the\nrespective Parties, have signed the Agreement.\nDone at Grand Cayman, on this 13th day of May 2010, in duplicate in the Portuguese and\nEnglish languages, both texts being equally authentic.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR\nTHE\nPORTUGUESE\nREPUBLIC:\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nDR. S\u00c9RGIO TRIGO TAVARES\nVASQUES\nSECRETARY OF STATE FOR TAX\nAFFAIRS OF PORTUGAL\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 166\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 19\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF\nGERMANY ON ASSISTANCE IN CIVIL AND CRIMINAL TAX MATTERS\nTHROUGH EXCHANGE OF INFORMATION\nThe Government of the Cayman Islands and the Government of the Federal Republic of\nGermany\nWhereas the Contracting Parties wish to enhance and facilitate the terms and conditions\ngoverning the exchange of information relating to all tax matters;\nWhereas it is acknowledged that the Government of the Cayman Islands under the terms\nof its Entrustment from the United Kingdom has the right to negotiate, conclude and\nperform a tax information exchange agreement with the Government of the Federal\nRepublic of Germany;\nWhereas the Contracting Parties have agreed that the following Agreement contains\nobligations on the part of the Contracting Parties only;\nHave agreed as follows:\nARTICLE 1\nScope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the respective laws of the Contracting Parties concerning taxes covered by this\nAgreement, including information that is foreseeably relevant to the determination,\nassessment and collection of such taxes, the recovery and enforcement of tax claims, or the\ninvestigation or prosecution of criminal tax matters. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Contracting Party remain\napplicable.\nARTICLE 2\nJurisdiction\nA requested Contracting Party is not obligated to provide information which is neither held\nby its authorities nor in the possession of or obtainable by persons who are within its\nterritorial jurisdiction.\nARTICLE 3\nTaxes Covered\n(1) This Agreement shall apply to the following taxes of the Federal Republic of\nGermany:\na)\nthe income tax (Einkommensteuer),\nb)\nthe corporation tax (K\u00f6rperschaftsteuer),\nc)\nthe trade tax (Gewerbesteuer),\nd)\nthe capital tax (Verm\u00f6gensteuer) and\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 167\n\ne)\nthe inheritance tax (Erbschaftsteuer),\nf)\nthe value added tax (Umsatzsteuer)\ng)\nthe tax on insurance premiums (Versicherungsteuer)\nincluding the supplements levied thereon;\n(2) This Agreement shall apply also to any identical or substantially similar taxes that are\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes if the Contracting Parties so agree. The competent authorities of the\nContracting Parties shall notify each other of any substantial changes to the taxation and\nrelated information gathering measures covered by the Agreement.\nARTICLE 4\nDefinitions\n(1) For the purposes of this Agreement, unless otherwise defined:\na)\n\u201cFederal Republic of Germany\u201d, when used in a geographical sense, means the\narea in which the tax law of the Federal Republic of Germany is in force;\nb)\n\u201cCayman Islands\u201d, when used in a geographical sense, means the territory of\nthe Cayman Islands and includes its territorial sea and any areas beyond its\nterritorial sea within which sovereign rights with respect to the seabed and\nsubsoil and their natural resources may be exercised in accordance with\ninternational law;\nc)\n\u201ccompetent authority\u201d means\n(i)\nin respect of the Federal Republic of Germany, the Federal Ministry\nof Finance or the agency to which it has delegated its power; which\nin respect of criminal tax matters will be the Federal Ministry of\nJustice or the agency to which it has delegated its power,\n(ii) in respect of the Cayman Islands, the Tax Information Authority or\nauthorised representative,\nd)\n\u201cperson\u201d includes an individual, a company and any other body of persons,\ne)\n\u201ccompany\u201d means any body corporate or any entity that is treated as a body\ncorporate for tax purposes,\nf)\n\u201cpublicly traded company\u201d means any company whose principal class of shares\nis listed on a recognised stock exchange provided its listed shares can be readily\npurchased or sold by the public. Shares can be purchased or sold \u201cby the public\u201d\nif the purchase or sale of shares is not implicitly or explicitly restricted to a\nlimited group of investors,\ng)\n\u201cprincipal class of shares\u201d means the class or classes of shares representing a\nmajority of the voting power and value of the company,\nh)\n\u201crecognised stock exchange\u201d means any stock exchange agreed upon by the\ncompetent authorities of the Contracting Parties,\ni)\n\u201ccollective investment fund or scheme\u201d means any pooled investment vehicle,\nirrespective of legal form. The term \u201cpublic collective investment fund or\nscheme\u201d means any collective investment fund or scheme, provided the units,\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 168\nRevised as at 31st December, 2020\nc\n\nshares or other interests in the fund or scheme can be readily purchased, sold or\nredeemed by the public. Units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale\nor redemption is not implicitly or explicitly restricted to a limited group of\ninvestors,\nj)\n\u201ctax\u201d means any tax to which the Agreement applies,\nk)\n\u201crequesting Contracting Party\u201d means the Contracting Party requesting\ninformation,\nl)\n\u201crequested Contracting Party\u201d means the Contracting Party requested to provide\ninformation,\nm) \u201cinformation gathering measures\u201d means laws and administrative or judicial\nprocedures that enable a Contracting Party to obtain and provide the requested\ninformation,\nn)\n\u201cinformation\u201d means any fact, statement, document or record in any form\nwhatever,\no)\n\u201ctax matters\u201d means all tax matters including criminal tax matters,\np)\n\u201ccriminal tax matters\u201d means tax matters involving intentional conduct whether\nbefore or after the entry into force of this Agreement which is liable to\nprosecution under the criminal laws of the requesting Contracting Party,\nq)\n\u201ccriminal laws\u201d means all criminal laws designated as such under the respective\nlaw of the Contracting Parties irrespective of whether such are contained in the\ntax laws, the criminal code or other statutes.\n(2) Any term not defined in this Agreement shall, unless the context otherwise requires,\nhave the meaning that it has at the time the request was made under the law of that\nContracting Party, any meaning under the applicable tax laws of that Contracting Party\nprevailing over a meaning given to the term under other laws of that Contracting Party.\nARTICLE 5\nExchange of Information\n(1) The competent authority of the requested Contracting Party shall provide upon\nrequest by the requesting Contracting Party information for the purposes referred to in\nArticle 1. Such information shall be provided without regard to whether the requested\nContracting Party needs such information for its own tax purposes or the conduct being\ninvestigated would constitute a crime under the laws of the requested Contracting Party if\nit had occurred in the territory of the requested Contracting Party. The competent authority\nof the requesting Contracting Party shall only make a request for information pursuant to\nthis Article when it is unable to obtain the requested information by other means in its own\nterritory, except where recourse to such means would give rise to disproportionate\ndifficulty.\n(2) If the information in the possession of the competent authority of the requested\nContracting Party is not sufficient to enable it to comply with the request for information,\nthat Contracting Party shall use at its own discretion all applicable information gathering\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 169\n\nmeasures necessary to provide the requesting Contracting Party with the information\nrequested, notwithstanding that the requested Contracting Party may not, at that time, need\nsuch information for its own tax purposes.\n(3) If specifically requested by the competent authority of the requesting Contracting\nParty, the competent authority of the requested Contracting Party shall provide information\nunder this Article, to the extent allowable under its laws, in the form of depositions of\nwitnesses and authenticated copies of original records.\n(4) Each Contracting Party shall ensure that its competent authorities, in accordance with\nthe terms of this Agreement, have the authority to obtain and provide upon request:\na)\ninformation held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity,\nb)\ninformation regarding the beneficial ownership of companies, partnerships and\nother persons, including in the case of collective investment funds and schemes,\ninformation on shares, units and other interests;\nc)\nin the case of trusts, information on settlors, trustees, protectors and\nbeneficiaries; and in the case of foundations, information on founders, members\nof the foundation council and beneficiaries,\nprovided that this Agreement does not create an obligation on the Contracting Parties\nto obtain or provide ownership information with respect to publicly traded companies\nor public collective investment funds or schemes unless such information can be\nobtained without giving rise to disproportionate difficulties.\n(5) Any request for information shall be formulated with the greatest detail possible and\nshall specify in writing:\na)\nthe identity of the person under examination or investigation,\nb)\nthe period for which the information is requested,\nc)\nthe nature of the information sought and the form in which the requesting\nContracting Party would prefer to receive it,\nd)\nthe tax purpose for which the information is sought,\ne)\nthe reasons for believing that the information requested is foreseeably relevant\nto the administration and enforcement of the tax law of the requesting\nContracting Party, with respect to the person identified in subparagraph a) of\nthis paragraph,\nf)\ngrounds for believing that the information requested is held in the requested\nContracting Party or is in the possession of or obtainable by a person within the\njurisdiction of the requested Contracting Party,\ng)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information,\nh)\na statement that the request is in conformity with the laws and administrative\npractices of the requesting Contracting Party, that if the requested information\nwas within the jurisdiction of the requesting Contracting Party then the\ncompetent authority of the requesting Contracting Party would be able to obtain\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 170\nRevised as at 31st December, 2020\nc\n\nthe information under the laws of the requesting Contracting Party and that it is\nin conformity with this Agreement,\ni)\na statement that the requesting Contracting Party has pursued all means\navailable in its own territory to obtain the information, except those that would\ngive rise to disproportionate difficulties.\n(6) The competent authority of the requested Contracting Party shall acknowledge receipt\nof the request to the competent authority of the requesting Contracting Party and shall use\nits best endeavours to forward the requested information to the requesting Contracting\nParty with the least reasonable delay.\nARTICLE 6\nTax Examinations Abroad\n(1) By reasonable notice given in advance, the requesting Contracting Party may request\nthat the requested Contracting Party allow representatives of the competent authority of the\nrequesting Contracting Party to enter the territory of the requested Contracting Party, to the\nextent permitted under its laws, to interview individuals and examine records with the prior\nwritten consent of the individuals or other persons concerned. The competent authority of\nthe requesting Contracting Party shall notify the competent authority of the requested\nContracting Party of the time and place of the intended meeting with the individuals\nconcerned.\n(2) At the request of the competent authority of the requesting Contracting Party, the\ncompetent authority of the requested Contracting Party may allow representatives of the\ncompetent authority of the requesting Contracting Party to be present at the appropriate\npart of a tax examination in the requested Contracting Party.\n(3) If the request referred to in paragraph 2 is acceded to, the competent authority of the\nrequested Contracting Party conducting the examination shall, as soon as possible, notify\nthe competent authority of the requesting Contracting Party about the time and place of the\nexamination, the authority or official designated to carry out the examination and the\nprocedures and conditions required by the requested Contracting Party for the conduct of\nthe examination. All decisions with respect to the conduct of the tax examination shall be\nmade by the requested Contracting Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n(1) The competent authority of the requested Contracting Party may decline to assist:\n(a) where the request is not made in conformity with this Agreement;\n(b) where the requesting Contracting Party has not pursued all means available in\nits own territory to obtain the information, except where recourse to such means\nwould give rise to disproportionate difficulty; or\n(c) where the disclosure of the information requested would be contrary to the\npublic policy of the requested Contracting Party.\n(2) This Agreement shall not impose upon a requested Contracting Party any obligation:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 171\n\n(a) to provide items subject to legal privilege, or any trade, business, industrial,\ncommercial or professional secret or trade process, provided that information\ndescribed in paragraph 4 of Article 5 shall not by reason of that fact alone be\ntreated as such a secret or trade process; or\n(b) to carry out administrative measures at variance with its laws and administrative\npractices, provided that nothing in this subparagraph shall affect the obligations\nof a Contracting Party under paragraph 4 of Article 5;\n(3) A request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n(4) The requested Contracting Party shall not be required to obtain and provide\ninformation which if the requested information was within the jurisdiction of the requesting\nContracting Party the competent authority of the requesting Contracting Party would not\nbe able to obtain under its laws.\n(5) The requested Contracting Party may decline a request for information if the\ninformation is requested by the requesting Contracting Party to administer or enforce a\nprovision of the tax law of the requesting Contracting Party, or any requirement connected\ntherewith, which discriminates against a citizen of the requested Contracting Party as\ncompared with a citizen of the requesting Contracting Party in the same circumstances.\nARTICLE 8\nConfidentiality\n(1) All information provided and received by the competent authorities of the Contracting\nParties shall be kept confidential and shall be treated as confidential in the same manner as\ninformation obtained under the domestic laws of the Contracting Parties.\n(2) Such information shall be disclosed only to persons or authorities (including courts\nand administrative bodies) concerned with the purposes specified in Article 1, and used by\nsuch persons or authorities only for such purposes, including the determination of any\nappeal. For these purposes information may be disclosed in administrative or criminal\ninvestigations, in public court proceedings or in judicial decisions, if this is provided for in\nthe respective laws of the Contracting Parties.\n(3) Such information may not be used for any purpose other than for the purposes stated\nin Article 1 without the expressed written consent of the competent authority of the\nrequested Contracting Party.\n(4) The information provided to a requesting Contracting Party under this Agreement\nmay not be disclosed to any other jurisdiction.\n(5) Personal data may be transmitted to the extent necessary for carrying out the\nprovisions of this Agreement and subject to the provisions of the law of the supplying\nContracting Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 172\nRevised as at 31st December, 2020\nc\n\nARTICLE 9\nCosts\nIncidents of costs incurred in providing assistance (including reasonable costs of third\nparties and external advisors in connection with litigation or otherwise) shall be agreed by\nthe competent authorities of the Contracting Parties.\nARTICLE 10\nMutual Agreement Procedure\n(1) Where difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of the Agreement, the competent authorities shall\nendeavour to resolve the matter by mutual agreement.\n(2) In addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5,\n6 and 9.\n(3) The competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\n(4) The Contracting Parties shall agree on procedures for dispute resolution should this\nbecome necessary.\nARTICLE 11\nProtocol\nThe attached Protocol shall be an integral part of this Agreement.\nARTICLE 12\nEntry into Force\n(1) This Agreement shall enter into force one month from the date on which the\nContracting Parties have notified each other that their respective requirements for the entry\ninto force of this Agreement have been fulfilled. The relevant date shall be the day on\nwhich the last notification is received.\n(2) Upon the date of entry into force, this Agreement shall have effect:\na)\nfor criminal tax matters on that date; and\nb)\nfor all other matters covered in Article 1 on that date, but only in respect of\ntaxable periods beginning on or after that date or, where there is no taxable\nperiod, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n(1) Either Contracting Party may terminate the Agreement by serving a notice of\ntermination by letter to the competent authority of the other Contracting Party.\n(2) Such termination shall become effective on the first day of the month following the\nexpiration of a period of three months after the date of receipt of notice of termination by\nthe competent authority of the other Contracting Party.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 173\n\n(3) If the Agreement is terminated, the Contracting Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under the Agreement.\nDone at Grand Cayman, this 27th day of May, 2010, in duplicate in the English and\nGerman languages, each text being equally authentic.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR THE GOVERNMENT OF THE\nFEDERAL\nREPUBLIC\nOF\nGERMANY:\n\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nMR. J\u00dcRGEN ENGEL\nTHE AMBASSADOR OF THE\nFEDERAL REBUBLIC OF\nGERMANY TO KINGSTON\n\nPROTOCOL TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE\nCAYMAN ISLANDS AND THE GOVERNMENT OF THE FEDERAL REPUBLIC OF\nGERMANY ON ASSISTANCE IN CIVIL AND CRIMINAL TAX MATTERS\nTHROUGH EXCHANGE OF INFORMATION\nThe Government of the Cayman Islands and the Government of the Federal Republic of\nGermany (the \u201cContracting Parties\u201d) have agreed at the signing of the Agreement between\nthe two Governments on Assistance in Civil and Criminal Tax Matters through Exchange\nof Information on the following provisions which shall form an integral part of the said\nAgreement:\n1.\nWith respect to subparagraph a) of paragraph 5 of Article 5 it is understood that the\nidentity of the person under examination or investigation may be determined by identifying\ninformation other than the name.\n2.\nWith respect to paragraph 5 of Article 8 the Contracting Parties shall ensure the\nprotection of personal data at a level that is equivalent to that of Directive 95\/46\/EC of the\nEuropean Parliament and of the Council of 24 October 1995 on the protection of\nindividuals with regard to the processing of personal data and on the free movement of\nsuch data. In addition the following shall apply:\na)\nThe receiving agency may use such data in compliance with paragraph 3\nof Article 8 only for the purpose stated by the supplying agency and shall\nbe subject to the conditions prescribed by the supplying agency and that\nconform with Article 8.\nb)\nNotwithstanding the provisions of paragraph 3 of Article 8, the\ninformation may be used for other purposes, if under the law of both\nContracting Parties it may be used for these other purposes and the\ncompetent authority of the supplying Contracting Party has agreed to this\nuse. Use for other purposes without the prior approval of the supplying\nContracting Party is permissible only if it is needed to avert in the\nindividual case at hand an imminent threat to a person of loss of life, bodily\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 174\nRevised as at 31st December, 2020\nc\n\nharm or loss of liberty, or to protect significant assets and there is danger\ninherent in any delay. In such a case the competent authority of the\nsupplying Contracting Party must be asked without delay for retroactive\nauthorisation of the change in purpose. If authorisation is refused, the\ninformation may no longer be used for the other purpose and the receiving\nagency shall erase the data supplied without delay. Any damage which has\nbeen caused by use of the information for the other purpose must be\ncompensated.\nc)\nThe supplying agency shall be obliged to exercise vigilance as to the\naccuracy of the data to be supplied and their foreseeable relevance within\nthe meaning of Article 1 and their proportionality to the purpose for which\nthey are supplied. Data are foreseeably relevant if in the concrete case at\nhand there is the serious possibility that the other Contracting Party has a\nright to tax and there is nothing to indicate that the data are already known\nto the competent authority of the other Contracting Party or that the\ncompetent authority of the other Contracting Party would learn of the\ntaxable object without the information. If it emerges that inaccurate data\nor data which should not have been supplied have been supplied, the\nreceiving agency shall be informed of this without delay. That agency shall\nbe obliged to correct or erase such data without delay.\nd)\nThe receiving agency shall on request inform the supplying agency on a\ncase-by-case basis for the purpose of informing the person concerned\nabout the use of the supplied data and the results achieved thereby.\ne)\nThe receiving agency shall inform the person concerned of the data\ncollection by the supplying agency. The person concerned need not be\ninformed if and as long as on balance it is considered that the public\ninterest in not informing the person concerned outweighs that person\u2019s\nright to be informed.\nf)\nUpon application the person concerned shall be informed of the supplied\ndata relating to that person and of the use to which such data are to be put.\nThe second sentence of paragraph e) shall apply accordingly.\ng)\nThe receiving agency shall bear liability in accordance with the law\napplicable to it in relation to any person suffering unlawful damage in\nconnection with the supply of data under the exchange of data pursuant to\nthis Agreement. In relation to the damaged person, the receiving agency\nmay not plead to its discharge that the damage had been caused by the\nsupplying agency.\nh)\nThe supplying and the receiving agencies shall be obliged to keep official\nrecords of the supply and receipt of personal data.\ni)\nWhere the law applicable to the supplying agency contains special\nprovisions for the deletion of the personal data supplied, that agency shall\ninform the receiving agency accordingly. In any case, supplied personal\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 175\n\ndata shall be erased once they are no longer required for the purpose for\nwhich they were supplied.\nj)\nThe supplying and the receiving agencies shall be obliged to take effective\nmeasures to protect the personal data supplied against unauthorised access,\nunauthorised alteration and unauthorised disclosure.\n3.\nPursuant to Article 9 of the Agreement it is mutually decided that ordinary costs that\nare incurred for the purpose of responding to a request for information will be borne by the\nrequested Contracting Party. Such ordinary costs will normally cover internal\nadministration costs of the competent authority and any minor external costs such as the\ncost of couriers. All reasonable costs incurred by third parties in complying with the request\nfor exchange of information are considered extraordinary costs and will be borne by the\napplicant Contracting Party. Examples of extraordinary costs include, but are not limited\nto, the following:\na)\nreasonable fees charged for staff employed by third parties in assisting\nwith the request;\nb)\nreasonable fees charged by third parties for carrying out research;\nc)\nreasonable fees charged by third parties for copying documents;\nd)\nreasonable costs of engaging experts, interpreters, or translators;\ne)\nreasonable costs of conveying documents to the applicant Contracting\nParty;\nf)\nreasonable litigation costs of the requested Contracting Party in relation to\na specific request for information;\ng)\nreasonable costs for obtaining depositions or testimony; and\nh)\nreasonable fees and expenses, determined in accordance with amounts\nallowed under applicable law, on the person who voluntarily appears for\nan interview, deposition or testimony relating to a particular information\nrequest.\nThe competent authorities will consult each other in any particular case where\nextraordinary costs are likely to exceed US$500 to determine whether the applicant\nContracting Party will continue to pursue the request and bear the cost.\n4.\nFormal communications, including requests for information, made in connection with\nor pursuant to the provisions of the Agreement entered into will be in writing directly to\nthe competent authority of the other Contracting Party at the addresses given below, or\nsuch other address as may be notified by one Contracting Party to the other from time to\ntime. Any subsequent communications regarding requests for information will be either in\nwriting or verbally, whichever is most practical, between the earlier-mentioned competent\nauthorities or their authorised entities.\na)\nCompetent authority for the Federal Republic of Germany:\nBundeszentralamt f\u00fcr Steuern\n53221 Bonn\nIn respect of criminal tax matters:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 176\nRevised as at 31st December, 2020\nc\n\nBundesamt f\u00fcr Justiz\n53094 Bonn\nb)\nCompetent authority for the Cayman Islands:\nTax Information Authority\nElizabethan Square (3rd Floor, Phase III)\n80 Shedden Road, George Town\nP O Box 10080\nGrand Cayman, KY1-1001\nCayman Islands\nIn respect of criminal tax matters:\nThe above-mentioned competent authority.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 177\n\nSCHEDULE 20\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS UNDER ENTRUSTMENT FROM THE GOVERNMENT OF\nTHE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN\nIRELAND AND THE GOVERNMENT OF CANADA FOR THE\nEXCHANGE OF INFORMATION ON TAX MATTERS\nWHEREAS the Government of the United Kingdom has issued a letter of entrustment to\nthe Government of the Cayman Islands (hereinafter \"Cayman Islands\") to negotiate, and\nconclude an agreement for the exchange of information on tax matters with the\nGovernment of Canada (hereinafter \u201cCanada\u201d):\n\nTHE GOVERNMENT OF THE CAYMAN ISLANDS and THE GOVERNMENT OF\nCANADA, desiring to facilitate the exchange of information with respect to taxes, have\nagreed as follows:\nARTICLE 1\nObject and Scope of this Agreement\n1.\nThe competent authorities of the Parties shall provide assistance through exchange of\ninformation that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning taxes covered by this Agreement. Such information\nshall include information that is foreseeably relevant to the determination, assessment and\ncollection of such taxes, the recovery and enforcement of tax claims, or the investigation\nor prosecution of tax matters. Information shall be exchanged in accordance with the\nprovisions of this Agreement and shall be treated as confidential in the manner provided in\nArticle 8.\n2.\nThe rights and safeguards secured to persons by the laws or administrative practice\nof the requested Party remain applicable to the extent that they do not unduly prevent or\ndelay effective exchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\nThe taxes which are the subject of this Agreement are, in the case of Canada, all taxes on\nincome and on capital imposed or administered by the Government of Canada, and in the\ncase of the Cayman Islands, all taxes on income and on capital imposed or administered by\nthe Cayman Islands, including any taxes on income and on capital imposed or administered\nafter the date of signature of this Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 178\nRevised as at 31st December, 2020\nc\n\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\n(a) the term \u201cParty\u201d means the Cayman Islands or Canada as the context\nrequires;\n(b) the term \u201ccompetent authority\u201d means:\n\n(i) in the case of Canada, the Minister of National Revenue or the\nMinister\u2019s authorised representative;\n\n(ii) in the case of the Cayman Islands, the Tax Information Authority or\nits authorised representative;\n(c) the term \u201cperson\u201d includes an individual, a company, a partnership and\nany other body of persons;\n(d) the term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(e) the term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided that its\nlisted shares can be readily purchased and sold by the public. Shares can\nbe purchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(f)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n(g) the term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Parties;\n(h) the term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased and sold, or readily purchased and redeemed, by\nthe public. Units, shares or other interests in the fund or scheme can be\nreadily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale\nor redemption is not implicitly or explicitly restricted to a limited group of\ninvestors;\n(i)\nthe term \u201ctax\u201d means any tax to which this Agreement applies;\n(j)\nthe term \u201capplicant Party\u201d means the Party requesting information;\n(k) the term \u201crequested Party\u201d means the Party requested to provide\ninformation;\n(l)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Party to obtain and provide the\nrequested information; and\n(m) the term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 179\n\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the law of that Party, any meaning under the applicable tax laws of that\nParty prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the territory of the requested\nParty.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Party shall ensure that its competent authority for the purposes specified in\nArticle 1 of this Agreement, has the authority to obtain and provide upon request:\n(a) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\n(b) information regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201d and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. This Agreement\ndoes not create an obligation on the Parties to obtain or provide ownership\ninformation with respect to publicly traded companies or public collective\ninvestment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under this Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 180\nRevised as at 31st December, 2020\nc\n\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought:\n(d) grounds for believing that the information requested is held in the territory\nof the requested Party or is in the possession or control of a person within\nthe jurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\nand\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall immediately confirm receipt of\na request in writing to the competent authority of the applicant Party and shall:\n(a) notify the competent authority of the applicant Party, within 60 days of\nreceiving the request, of any deficiencies in the request;\n(b) notify the competent authority of the applicant Party, within 90 days of\nreceiving the request, of the intention to refuse the request or of any\nobstacle preventing the requested Party from fulfilling the request;\n(c) inform the competent authority of the applicant Party of the grounds for\nthe refusal of the request or the nature of the obstacles to processing the\nrequest;\n(d) provide the requested information within 90 days of receiving the request\nor, in the event that there is an obstacle to fulfilling the request, advise the\ncompetent authority of the applicant Party of the estimated additional time\nrequired to fulfill the request.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Party may allow representatives of the competent authority of the other Party to\nenter the territory of the first-mentioned Party to interview individuals and examine records\nwith the written consent of the persons concerned. The competent authority of the secondmentioned Party shall notify the competent authority of the first-mentioned Party of the\ntime and place of the meeting with the individuals concerned.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 181\n\n2.\nAt the request of the competent authority of one Party, the competent authority of the\nother Party may allow representatives of the competent authority of the first-mentioned\nParty to be present at the appropriate part of a tax examination in the territory of the secondmentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nParty conducting the examination shall, as soon as possible, notify the competent authority\nof the other Party about the time and place of the examination, the authority or official\ndesignated to carry out the examination and the procedures and conditions required by the\nfirst-mentioned Party for the conduct of the examination. All decisions with respect to the\nconduct of the tax examination shall be made by the Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Party the obligation to supply\ninformation which would disclose any trade, business, industrial, commercial or\nprofessional secret or trade process. Notwithstanding the foregoing, information of the type\nreferred to in Article 5, paragraph 4 shall not be treated as such a secret or trade process\nmerely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Party the obligation to obtain\nor provide information, which would reveal confidential communications between a client\nand an attorney, solicitor or other admitted legal representative where such\ncommunications are produced for the purposes of:\n(a) seeking or providing legal advice, or\n(b) use in existing or contemplated legal proceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 182\nRevised as at 31st December, 2020\nc\n\nARTICLE 8\nConfidentiality\nAny information received by a Party under this Agreement shall be treated as confidential\nand may be disclosed only to persons or authorities (including courts and administrative\nbodies) in the jurisdiction of the Party concerned with the assessment or collection of, the\nenforcement or prosecution in respect of, or the determination of appeals in relation to,\ntaxes in that jurisdiction. Such persons or authorities shall use such information only for\nsuch purposes. They may disclose the information in public court proceedings or in judicial\ndecisions. The information may not otherwise be disclosed to any other person or entity or\nauthority or any other jurisdiction without the express written consent of the competent\nauthority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the competent\nauthorities of the Parties.\nARTICLE 10\nImplementation Legislation\nThe Parties shall enact any legislation necessary to comply with, and give effect to, the\nterms of this Agreement.\nARTICLE 11\nOther International Agreements or Arrangements\nThe possibilities of assistance provided by this Agreement do not limit, nor are they limited\nby, those contained in existing international agreements or other arrangements between the\nParties which relate to co-operation in tax matters.\nARTICLE 12\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the competent authorities shall endeavour to resolve\nthe matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 5 and 6.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\n4.\nThe Parties may also agree on other forms of dispute resolution.\nARTICLE 13\nEntry into Force\n1.\nThis Agreement is subject to ratification, acceptance or approval by the Parties, in\naccordance with their respective laws. Notification in writing of the completion of each\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 183\n\nParty\u2019s necessary internal procedures for entry into force shall be exchanged as soon as\npossible.\n2.\nThis Agreement shall enter into force on the date of the later of the notifications under\nparagraph 1. Upon entry into force, it shall have effect:\n(a) for tax matters involving intentional conduct which is liable to prosecution\nunder the criminal laws of the Applicant Party (irrespective of whether\ncontained in the tax laws, the criminal code or other statutes), on that date,\nbut only in respect of taxable periods beginning on or after January 1, 2004\nor, where there is no taxable period, for all charges to tax arising on or after\nJanuary 1, 2004, and\n(b) for all other matters covered in Article 1, on that date, but only in respect\nof taxable periods beginning on or after that date, or where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 14\nTermination\n1.\nA Party may terminate this Agreement by serving a notice of termination through\ndiplomatic channels to the other Party.\n2.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of six months after the date of the notice of termination.\n3.\nWhere a Party terminates this Agreement, both Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under this Agreement.\nIN WITNESS WHEREOF, the undersigned being duly authorised thereto, have signed\nthis Agreement.\nSIGNED in duplicate at Grand Cayman this 24 day of June 2010, in the English and\nFrench languages, each version being equally authentic.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR\nTHE\nGOVERNMENT\nOF\nCANADA:\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nMR. STEPHEN HALLIHAN\nHIGH\nCOMMISSIONER\nFOR\nCANADA TO JAMAICA\nPROTOCOL\nAt the time of signing of this Agreement between the Government of Canada and the\nGovernment of the Cayman Islands under Entrustment from the Government of the United\nKingdom of Great Britain and Northern Ireland for the Exchange of Information on Tax\nMatters, the undersigned have agreed upon the following provisions which shall be an\nintegral part of this Agreement.\n1.\nWith reference to paragraph 2(a) of Article 13, if at the time of the submission of a\nrequest by a Party, or at any time thereafter, the competent authority of the applicant Party\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 184\nRevised as at 31st December, 2020\nc\n\nis of the view that it is necessary to request supplemental information which predates\nJanuary 1, 2004 which is related to its primary request and is relevant to a criminal tax\nmatter to which this Agreement refers, the requested party shall grant such a request.\n2.\nBefore making a supplemental request for information referred to in paragraph 1\nabove the competent authority of the applicant Party shall consult with the competent\nauthority of the requested Party on the likely availability of the supplemental information.\nIN WITNESS WHEREOF, the undersigned being duly authorised thereto, have signed\nthis Protocol.\nSIGNED in duplicate at Grand Cayman this 24 day of June 2010, in the English and\nFrench languages, each version being equally authentic.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR\nTHE\nGOVERNMENT\nOF\nCANADA:\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nMR. STEPHEN HALLIHAN\nHIGH\nCOMMISSIONER\nFOR\nCANADA TO JAMAICA\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 185\n\nSCHEDULE 21\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS WITH THE AUTHORISATION OF THE GOVERNMENT OF\nTHE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN\nIRELAND AND THE GOVERNMENT OF THE UNITED MEXICAN\nSTATES ON EXCHANGE OF INFORMATION ON TAX MATTERS\nThe Government of the Cayman Islands and the Government of the United Mexican States,\ndesiring to conclude an Agreement on exchange of information on tax matters, have agreed\nas follows:\nARTICLE 1\nObject and Scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThis Agreement shall apply to the following taxes:\na)\nin the Cayman Islands, any tax imposed by the Cayman Islands which is\nsubstantially similar to existing taxes of Mexico to which this agreement\napplies.\nb)\nin Mexico:\n\n(i) income tax;\n\n(ii) business flat rate tax; and\n\n(iii) value added tax.\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes.  The Agreement shall also apply to other taxes as may be agreed in an\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 186\nRevised as at 31st December, 2020\nc\n\nexchange of letters between the Contracting Parties. The competent authorities of the\nContracting Parties shall notify each other of any substantial changes to the taxation and\nrelated information gathering measures covered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means the Cayman Islands or Mexico as the\ncontext requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Mexico\" means the United Mexican States, when used in a\ngeographical sense it includes the territory of the United Mexican States,\nas well as the integrated parts of the Federation, the islands, including the\nreefs and cays in the adjacent waters, the islands of Guadalupe and\nRevillagigedo, the continental shelf and the seabed and sub-soil of the\nislands, cays and reefs, the waters of the territorial seas and the inland\nwaters and beyond them the areas over which, in accordance with\ninternational law, Mexico may exercise its sovereign rights of exploration\nand exploitation of the natural resources of the seabed, sub-soil and the\nsuprajacent waters, and the air space of the national territory to the extent\nand under conditions established by international law;\nd)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in Mexico, the Ministry of Finance and Public Credit;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 187\n\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Contracting Party, any meaning under the applicable\ntax laws of that Party prevailing over a meaning given to the term under other laws of that\nParty.\nARTICLE 5\nExchange of Information upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 188\nRevised as at 31st December, 2020\nc\n\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, and other persons, including, within the constraints of Article\n2, ownership information on all such persons; in the case of trusts,\ninformation on settlors, trustees and beneficiaries; and in the case of\nfoundations, information on founders, members of the foundation council\nand beneficiaries, in all such cases ownership information on all such\npersons in an ownership chain. Further, this Agreement does not create an\nobligation on the Contracting Parties to obtain or provide ownership\ninformation with respect to publicly traded companies or public collective\ninvestment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 189\n\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within sixty (60) days of the\nreceipt of the request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within ninety (90) days of receipt of the\nrequest, including if it encounters obstacles in furnishing the information\nor it refuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the firstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 190\nRevised as at 31st December, 2020\nc\n\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice; or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of ordinary costs incurred in providing assistance shall be agreed by the\nContracting Parties, and direct extraordinary costs incurred in providing assistance shall be\nborne by the requesting Party.\n\nARTICLE 10\nMutual Agreement Procedure\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 191\n\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nInterpretation\nThe competent authorities may take into consideration the commentaries pertaining to the\n2002 Agreement on Exchange of Information on Tax Matters of the Organization for\nEconomic Cooperation and Development (OECD Model Agreement) when interpreting\nprovisions of this Agreement that are identical to the provisions in that OECD Model\nAgreement.\nARTICLE 12\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect:\na)\nfor criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after that date or, where there is no taxable period, for all\ncharges to tax arising on or after that date;\nb)\nfor all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 13\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Contracting Party. Either\nContracting Party may after one (1) year from the date of its entry into force terminate the\nAgreement by giving written notice of termination to the other Contracting Party. In such\ncase, the Agreement shall cease to have effect on the first day of the month following the\nend of the period of six (6) months after the date of receipt of notice of termination by the\nother Contracting Party.\n2.\nIn the event of termination, both Contracting Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under the Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 192\nRevised as at 31st December, 2020\nc\n\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone in Grand Cayman on this 28th day of August of two thousand and ten and in Mexico\nCity on this 17 day of August of two thousand and ten, in duplicate in the Spanish and\nEnglish languages, both texts being equally authentic.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS WITH THE\nAUTHORISATION OF THE\nGOVERNMENT OF THE UNITED\nKINGDOM OF GREAT BRITAIN\nAND NORTHERN IRELAND:\nFOR THE GOVERNMENT OF THE\nUNITED MEXICAN STATES:\nHON. W. MCKEEVA BUSH OBE,\nJP\nPREMIER AND MINISTER FOR\nFINANCE, TOURISM &\nDEVELOPMENT\nMR.\nERNESTO\nJAVIER\nCORDERO ARROYO MINISTER\nOF\nFINANCE\nAND\nPUBLIC\nCREDIT FOR MEXICO\u201d.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 193\n\nSCHEDULE 22\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF JAPAN FOR THE EXCHANGE\nOF INFORMATION FOR THE PURPOSE OF THE PREVENTION OF\nFISCAL EVASION AND THE ALLOCATION OF RIGHTS OF TAXATION\nWITH RESPECT TO INCOME OF INDIVIDUALS\nThe Government of the Cayman Islands and the Government of Japan, the Government of\nthe Cayman Islands having been duly authorised by the Government of the United\nKingdom of Great Britain and Northern Ireland,\nDesiring to conclude an Agreement for the exchange of information for the purpose of the\nprevention of fiscal evasion and the allocation of rights of taxation with respect to income\nof individuals,\nHave agreed as follows:\nChapter 1\nGENERAL PROVISIONS\nARTICLE 1\nGENERAL DEFINITIONS\n1.\nFor the purposes of this Agreement, unless the context otherwise requires:\n(a) the term \u201cJapan\u201d, when used in a geographical sense, means all the\nterritory of Japan, including its territorial sea, in which the laws relating to\nJapanese tax are in force, and all the area beyond its territorial sea,\nincluding the seabed and subsoil thereof, over which Japan has sovereign\nrights in accordance with international law and in which the laws relating\nto Japanese tax are in force;\n(b) the term \u201cthe Cayman Islands\u201d, when used in a geographical sense, means\nthe Islands of Grand Cayman, Cayman Brac and Little Cayman, and all\nthe area around them, over which the Cayman Islands may exercise its\njurisdiction in accordance with its laws and regulations and international\nlaw;\n(c) the term \u201cContracting Party\u201d means the Cayman Islands or Japan as the\ncontext requires;\n(d) the term \u201ccompetent authority\u201d means:\n\n(i) in the case of Japan, the Minister of Finance or that person\u2019s\nauthorised representative; and\n\n(ii) in the case of the Cayman Islands, the Tax Information Authority or\nan individual or authority designated by it;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 194\nRevised as at 31st December, 2020\nc\n\n(e) the term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\n(f)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(g) the term \u201cnational\u201d means:\n\n(i) in the case of Japan, any individual possessing the nationality of\nJapan, any juridical person created or organised under the laws of\nJapan and any organisation without juridical personality treated for\nthe purposes of Japanese tax as a juridical person created or organised\nunder the laws of Japan; and\n\n(ii) in the case of the Cayman Islands, any individual who possesses\nCaymanian status or who is a British Overseas Territory Citizen by\nvirtue of a connection with the Cayman Islands and any company,\npartnership, trust, estate, association or any other entity deriving its\nstatus as such from the laws in force in the Cayman Islands;\n(h) the term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be readily\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(i)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of a company;\n(j)\nthe term \u201crecognised stock exchange\u201d means:\n\n(i) any stock exchange established by a Financial Instruments Exchange\nor an approved-type financial instruments firms association under the\nFinancial Instruments and Exchange Law [Law No. 25 of 1948] of\nJapan;\n\n(ii) the Cayman Islands Stock Exchange; and\n\n(iii) any other stock exchange agreed upon by the competent authorities\nof the Contracting Parties;\n(k) the term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\n(l)\nthe term \u201cApplicant Party\u201d means the Contracting Party requesting\ninformation;\n(m) the term \u201cRequested Party\u201d means the Contracting Party requested to\nprovide information;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 195\n\n(n) the term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe information requested; and\n(o) the term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the laws of that Contracting Party, any meaning under the\napplicable tax laws of that Contracting Party prevailing over a meaning given to the term\nunder other laws of that Contracting Party.\nChapter 2\nEXCHANGE OF INFORMATION\nARTICLE 2\nOBJECT AND SCOPE\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant for the carrying out of this Agreement\nor to the administration and enforcement of the laws of the Contracting Parties concerning\ntaxes referred to in Article 4. Such information shall include information that is foreseeably\nrelevant to the determination, assessment and collection of such taxes, the recovery and\nenforcement of tax claims, or the investigation or prosecution of tax matters. Information\nshall be exchanged in accordance with the Agreement and shall be treated as confidential\nin the manner provided in Article 8. Where the Requested Party obtains and provides\ninformation under the Agreement, the procedural rights and safeguards secured to persons\nby the laws or administrative practices of the Requested Party remain applicable, to the\nextent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 3\nJURISDICTION\nThe Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 4\nTAXES COVERED\n1.\nThis Chapter shall apply to the existing taxes of every kind and description imposed\non behalf of a Contracting Party.\n2.\nThis Chapter shall apply also to any identical or substantially similar taxes that are\nimposed after the date of signature of this Agreement in addition to, or in place of, the\nexisting taxes referred to in paragraph 1. The competent authorities of the Contracting\nParties shall notify each other of any significant changes that have been made in their\nrespective tax laws.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 196\nRevised as at 31st December, 2020\nc\n\nARTICLE 5\nEXCHANGE OF INFORMATION UPON REQUEST\n1.\nThe competent authority of the Requested Party shall provide upon request\ninformation for the purposes referred to in Article 2. Such information shall be provided\nwithout regard to whether the conduct under examination would constitute a crime under\nthe laws of the Requested Party if such conduct occurred in the Requested Party.\n2.\nIf the information in the possession of the competent authority of the Requested Party\nis not sufficient to enable it to comply with the request for information, the Requested Party\nshall use all relevant information gathering measures to provide the Applicant Party with\nthe information requested, notwithstanding that the Requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the Applicant Party, the\ncompetent authority of the Requested Party shall provide information under this Article, to\nthe extent allowable under its laws, in the form of authenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authority for the purposes\nspecified in Article 2, has the authority to obtain and provide upon request:\n(a) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nand\n(b) information regarding the ownership of companies, partnerships, trusts,\nfoundations and other persons, including, within the constraints of Article\n3, ownership information on all such persons in an ownership chain; in the\ncase of trusts, information on settlors, trustees and beneficiaries; and in the\ncase of foundations, information on founders, members of the foundation\ncouncil and beneficiaries. This Agreement does not create an obligation on\nthe Contracting Parties to obtain or provide ownership information with\nrespect to publicly traded companies or public collective investment funds\nor schemes unless such information can be obtained without giving rise to\ndisproportionate difficulties.\n5.\nThe competent authority of the Applicant Party shall provide the following\ninformation to the competent authority of the Requested Party when making a request for\ninformation under this Agreement to demonstrate the foreseeable relevance of the\ninformation sought to the request:\n(a) the identity of the person under examination;\n(b) a statement of the information requested including its nature and the form\nin which the Applicant Party wishes to receive the information from the\nRequested Party;\n(c) the tax purposes for which the information requested is sought;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 197\n\n(d) grounds for believing that the information requested is held by the\nRequested Party or is in the possession or control of a person who is within\nthe territorial jurisdiction of the Requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession or control of the information requested;\n(f)\na statement that the request is in conformity with the laws and\nadministrative practices of the Applicant Party, that the Applicant Party\nwould be able to obtain the information under the laws or in the normal\ncourse of administrative practices of the Applicant Party in similar\ncircumstances and that the request is in conformity with the Agreement;\nand\n(g) a statement that the Applicant Party has pursued all means available within\nits territorial jurisdiction to obtain the information requested, except those\nthat would give rise to disproportionate difficulties.\n6.\nThe competent authority of the Requested Party shall forward the information\nrequested as promptly as possible to the Applicant Party. To ensure a prompt response, the\ncompetent authority of the Requested Party shall:\n(a) confirm receipt of a request in writing to the competent authority of the\nApplicant Party and shall notify the competent authority of the Applicant\nParty of deficiencies in the request, if any, within sixty days of the receipt\nof the request; and\n(b) if the competent authority of the Requested Party has been unable to obtain\nand provide the information within ninety days of the receipt of the\nrequest, including if it encounters obstacles in furnishing the information\nor it refuses to furnish the information, immediately inform the Applicant\nParty, explaining the reason for its inability, the nature of the obstacles or\nthe reasons for its refusal.\nArticle 6\nTAX EXAMINATIONS ABROAD\n1.\nAt the request of the competent authority of the Applicant Party, the competent\nauthority of the Requested Party may allow representatives of the competent authority of\nthe Applicant Party to be present at the appropriate part of a tax examination in the\nRequested Party.\n2.\nIf the request referred to in paragraph 1 is acceded to, the competent authority of the\nRequested Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the Applicant Party about the time and place of the examination,\nthe authority or official designated to carry out the examination and the procedures and\nconditions required by the Requested Party for the conduct of the examination. All\ndecisions with respect to the conduct of the examination shall be made by the Requested\nParty conducting the examination.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 198\nRevised as at 31st December, 2020\nc\n\nARTICLE 7\nPOSSIBILITY OF DECLINING A REQUEST\n1.\nThe Requested Party shall not be required to obtain or provide information that the\nApplicant Party would not be able to obtain under the laws or in the normal course of\nadministrative practices of the Applicant Party in similar circumstances. The competent\nauthority of the Requested Party may decline to assist where the request of the Applicant\nParty is not made in conformity with this Agreement.\n2.\nThis Agreement shall not impose on a Contracting Party the obligation to supply\ninformation which would disclose any trade, business, industrial, commercial or\nprofessional secret or trade process. Such information includes information relating to\ncommunications between attorneys, solicitors or other admitted legal representatives in\ntheir role as such and their clients to the extent that the communications are protected from\ndisclosure under the laws of each Contracting Party. Notwithstanding the foregoing\nsentences, information of the type referred to in paragraph 4 of Article 5 shall not be treated\nas such a secret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe Requested Party may decline a request for information if the disclosure of the\ninformation requested would be contrary to public policy (ordre public) of the Requested\nParty.\n4.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n5.\nThe Requested Party may decline a request for information if the information is\nrequested by the Applicant Party to administer or enforce any provision of the tax laws of\nthe Applicant Party, or any requirement connected therewith, which discriminates against\na national of the Requested Party as compared with a national of the Applicant Party in the\nsame circumstances.\nARTICLE 8\nCONFIDENTIALITY\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the Contracting Party concerned with the assessment or collection\nof, the enforcement or prosecution in respect of, or the determination of appeals in relation\nto, the taxes covered by the Agreement. Such persons or authorities shall use such\ninformation only for such purposes. They may disclose the information in public court\nproceedings or in judicial decisions. The information may not be disclosed to any other\nperson or authority, including those in non-Contracting Parties, without the express written\nconsent of the Requested Party.\nARTICLE 9\nCOSTS\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 199\n\nIncidence of costs incurred in providing assistance shall be agreed by the competent\nauthorities of the Contracting Parties.\nChapter 3\nALLOCATION OF RIGHTS OF TAXATION\nARTICLE 10\nPERSONS COVERED\nThis Chapter shall apply to individuals who are residents of one or both of the Contracting\nParties.\nARTICLE 11\nTAXES COVERED\n1.\nThis Chapter shall apply to taxes on income of individuals imposed on behalf of a\nContracting Party, irrespective of the manner in which they are levied.\n2.\nIn the case of Japan, the existing tax to which this Chapter shall apply is the income\ntax.\n3.\nThis Chapter shall apply also to any identical or substantially similar taxes that are\nimposed after the date of signature of this Agreement in addition to, or in place of, the\nexisting tax referred to in paragraph 2.\n4.\nThe competent authorities of the Contracting Parties shall notify each other of any\nsignificant changes that have been made in their respective tax laws.\nARTICLE 12\nRESIDENT\n1.\nFor the purposes of this Chapter, the term \u201cresident of a Contracting Party\u201d means:\n(a) in the case of Japan, any individual who, under the laws of Japan, is liable\nto tax therein by reason of that person\u2019s domicile, residence or any other\ncriterion of a similar nature except any individual who is liable to tax in\nJapan in respect only of income from sources in Japan; and\n(b) in the case of the Cayman Islands, any individual who, under the laws of\nthe Cayman Islands, has a legal and ordinary residence in the Cayman\nIslands.\n2.\nWhere by reason of paragraph 1 an individual is a resident of both Contracting Parties,\nthen that individual\u2019s status shall be determined as follows:\n(a) the individual shall be deemed to be a resident only of the Contracting\nParty in which the individual has a permanent home available to\nthemselves; if the individual has a permanent home available to\nthemselves in both Contracting Parties, the individual shall be deemed to\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 200\nRevised as at 31st December, 2020\nc\n\nbe a resident only of the Contracting Party with which the individual\u2019s\npersonal and economic relations are closer (centre of vital interests);\n(b) if the Contracting Party in which the individual has that person\u2019s centre of\nvital interests cannot be determined, or if the individual has not a\npermanent home available to themselves in either Contracting Party, the\nindividual shall be deemed to be a resident only of the Contracting Party\nin which the individual has an habitual abode;\n(c) if the individual has an habitual abode in both Contracting Parties or in\nneither of them, the competent authorities of the Contracting Parties shall\nsettle the question by mutual agreement.\nARTICLE 13\nPENSIONS\nSubject to paragraph 2 of Article 14, pensions and other similar remuneration beneficially\nowned by a resident of a Contracting Party shall be taxable only in that Contracting Party.\nARTICLE 14\nGOVERNMENT SERVICE\n1.\nSalaries, wages and other similar remuneration paid by a Contracting Party or a\npolitical subdivision or local authority thereof to an individual in respect of services\nrendered to that Contracting Party or political subdivision or local authority, in the\ndischarge of functions of a governmental nature, shall be taxable only in that Contracting\nParty. However, such salaries, wages and other similar remuneration shall be taxable only\nin the other Contracting Party if the services are rendered in that other Contracting Party\nand the individual is a resident of that other Contracting Party who did not become a\nresident of that other Contracting Party solely for the purpose of rendering the services.\n2.\nNotwithstanding paragraph 1, pensions and other similar remuneration paid by, or out\nof funds to which contributions are made or created by, a Contracting Party or a political\nsubdivision or local authority thereof to an individual in respect of services rendered to that\nContracting Party or political subdivision or local authority shall be taxable only in that\nContracting Party.\n3.\nParagraphs 1 and 2 shall not apply to salaries, wages, pensions, and other similar\nremuneration in respect of services rendered in connection with a business carried on by a\nContracting Party or a political subdivision or local authority thereof.\nARTICLE 15\nSTUDENTS\nPayments which a student or business apprentice who is or was immediately before visiting\na Contracting Party a resident of the other Contracting Party and who is present in the firstmentioned Contracting Party solely for the purpose of that person\u2019s education or training\nreceives for the purpose of that person\u2019s maintenance, education or training shall not be\ntaxed in the first-mentioned Contracting Party, provided that such payments arise from\nsources outside the first-mentioned Contracting Party. The exemption provided by this\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 201\n\nArticle shall apply to a business apprentice only for a period not exceeding one year from\nthe date on which that person first begins that person\u2019s training in the first-mentioned\nContracting Party.\nChapter 4\nSPECIAL PROVISIONS\nARTICLE 16\nMUTUAL AGREEMENT PROCEDURES\n1.\nWhere a person considers that the actions of one or both of the Contracting Parties\nresult or will result for that person in taxation not in accordance with Chapter 3, that person\nmay, irrespective of the remedies provided by the laws of those Contracting Parties, present\nthat person\u2019s case to the competent authority of the Contracting Party of which that person\nis a resident. The case must be presented within three years from the first notification of\nthe action resulting in taxation not in accordance with that Chapter.\n2.\nThe competent authority of a Contracting Party shall endeavour, if the objection\nappears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to\nresolve the case by mutual agreement with the competent authority of the other Contracting\nParty, with a view to the avoidance of taxation which is not in accordance with Chapter 3.\nAny agreement reached shall be implemented notwithstanding any time limits in the laws\nof the Contracting Parties.\n3.\nThe competent authorities of the Contracting Parties shall endeavour to resolve by\nmutual agreement any difficulties or doubts arising as to the interpretation or application\nof this Agreement.\n4.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for the purpose of reaching an agreement in the sense of the preceding\nparagraphs of this Article.\nChapter 5\nFINAL PROVISIONS\nARTICLE 17\nHEADINGS\nThe headings of the Chapters and the Articles of this Agreement are inserted for\nconvenience of reference only and shall not affect the interpretation of the Agreement.\nArticle 18\nENTRY INTO FORCE\n1.\nThe Governments of the Contracting Parties shall notify each other, in writing, of the\ncompletion of their respective internal procedures necessary for the entry into force of this\nAgreement. The Agreement shall enter into force on the thirtieth day after the latter of the\ndates of receipt of the notifications.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 202\nRevised as at 31st December, 2020\nc\n\n2.\nThis Agreement shall be applicable for taxes levied on or after the date on which the\nAgreement enters into force.\n3.\nNotwithstanding paragraph 2, Chapter 3 shall be applicable:\n(a) with respect to taxes withheld at source, for amounts taxable on or after 1\nJanuary in the calendar year next following that in which this Agreement\nenters into force; and\n(b) with respect to taxes on income which are not withheld at source, as\nregards income for any taxable year beginning on or after 1 January in the\ncalendar year next following that in which this Agreement enters into\nforce.\nARTICLE 19\nTERMINATION\nThis Agreement shall remain in force until terminated by a Contracting Party. Either\nContracting Party may terminate the Agreement by giving written notice of termination at\nleast six months before the end of any calendar year beginning after the expiry of five years\nfrom the date of entry into force of the Agreement. In such event, the Agreement shall\ncease to have effect:\n(a) with respect to taxes withheld at source, for amounts taxable on or after 1\nJanuary in the calendar year next following that in which the notice is\ngiven;\n(b) with respect to taxes on income which are not withheld at source, as\nregards income for any taxable year beginning on or after 1 January in the\ncalendar year next following that in which the notice is given; and\n(c) with respect to other taxes, as regards taxes levied on or after 1 January in\nthe calendar year next following that in which the notice is given.\nIN WITNESS WHEREOF the undersigned, being duly authorised thereto by their\nrespective Governments, have signed this Agreement.\nDONE in duplicate at London this seventh day of February, 2011, in the English and\nJapanese languages, each text being equally authentic.\nFor the Government of the Cayman\nIslands:\nFor the Government of Japan:\nHON. W. MCKEEVA BUSH OBE,\nJP\nMR. HITOSHI NODA\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 203\n\nSCHEDULE 23\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF INDIA\nFOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES\nThe Government of the Cayman Islands and the Government of the Republic of India,\ndesiring to facilitate the exchange of information with respect to taxes have agreed as\nfollows:\nARTICLE 1\nObject and Scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the Requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nInformation shall be exchanged in accordance with this Agreement without regard to\nwhether the person to whom the information relates is, or whether the information is held\nby, a resident of a Contracting Party. However, a Requested Party is not obliged to provide\ninformation which is neither held by its authorities nor is in the possession or control of\npersons who are within its territorial jurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThe taxes which are the subject of this Agreement are taxes of every kind and\ndescription imposed on behalf of a Contracting Party.\n2.\nThis Agreement shall also apply to any identical or substantially similar taxes\nimposed after the date of signature of this Agreement in addition to, or in place of, the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\nwhich may affect the obligations of that Party pursuant to this Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 204\nRevised as at 31st December, 2020\nc\n\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\n(a) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and\nincludes its territorial sea and any areas beyond its territorial sea within\nwhich sovereign rights may be exercised in accordance with international\nlaw including the UN Convention on the Law of the Sea;\n(b) the term \"India\" means the territory of India and includes the territorial sea\nand airspace above it, as well as any other maritime zone in which India\nhas sovereign rights, other rights and jurisdiction, according to the Indian\nlaw and in accordance with international law, including the UN\nConvention on the Law of the Sea;\n(c) the term \"Contracting Party\" means the Cayman Islands or India as the\ncontext requires;\n(d) the term \"competent authority\" means:\ni)in the case of the Cayman Islands, the Tax Information Authority or its\nauthorised representative;\nii)in the case of India, the Finance Minister, Government of India, or its\nauthorised representative;\n(e) the term \"person\" includes an individual, a company, a body of persons\nand any other entity which is treated as a taxable unit under the taxation\nlaws in force in the respective Contracting Parties;\n(f)\nthe term \"company\" means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(g) the term \"publicly traded company\" means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \"by the public\" if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(h) the term \"principal class of shares\" means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n(i)\nthe term \"recognised stock exchange\" means:\ni)in the Cayman Islands, the Cayman Islands Stock Exchange;\nii)in India, the National Stock Exchange, the Bombay Stock Exchange, and any\nother stock exchange recognised by the Securities and Exchange\nBoard of India; and\niii)any other stock exchange which the competent authorities agree to recognise\nfor the purposes of this Agreement.\n(j)\nthe term \"collective investment fund or scheme\" means any pooled\ninvestment vehicle, irrespective of legal form;\n(k) the term \"public collective investment fund or scheme\" means any\ncollective investment fund or scheme provided the units, shares or other\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 205\n\ninterests in the fund or scheme can be readily purchased, sold or redeemed\nby the public.  Units, shares or other interests in the fund or scheme can be\nreadily purchased, sold or redeemed \"by the public\" if the purchase, sale\nor redemption is not implicitly or explicitly restricted to a limited group of\ninvestors;\n(l)\nthe term \"tax\" means any tax to which this Agreement applies;\n(m) the term \"Requesting Party\" means the Contracting Party submitting a\nrequest for information to, or having received information from, the\nRequested Party.\n(n) the term \"Requested Party\" means the Contracting Party which is\nrequested to provide information, or which has provided information;\n(o) the term \u201cinformation gathering measures\" means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\n(p) the term \"information\" means any fact, statement, document or record in\nwhatever form.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires or the competent\nauthorities agree to a common meaning pursuant to the provisions of Article 10 of this\nAgreement, have the meaning that it has at that time under the law of that Party, any\nmeaning under the applicable tax laws of that Party prevailing over a meaning given to the\nterm under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the Requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the Requested Party needs such information for its own tax\npurposes or whether the conduct being investigated would constitute a crime under the\nlaws of the Requested Party if such conduct occurred in the Requested Party.\n2.\nIf the information in the possession of the competent authority of the Requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the Requesting Party with the\ninformation requested, notwithstanding that the Requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the Requesting Party, the\ncompetent authority of the Requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authority, for the purposes of\nthis Agreement, has the authority to obtain and provide upon request:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 206\nRevised as at 31st December, 2020\nc\n\n(a) information held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity;\n(b) information regarding the legal and beneficial ownership of companies,\npartnerships, collective investment funds or schemes, trusts, foundations,\n\"Anstalten\" and other persons, including, within the constraints of Article\n2, ownership information on all such persons in an ownership chain; in the\ncase of collective investment funds or schemes, information on shares,\nunits and other interests; in the case of trusts, information on settlors,\ntrustees and beneficiaries; in the case of foundations, information on\nfounders, members of the foundation council and beneficiaries; and\nequivalent information in case of entities that are neither trusts nor\nfoundations.\n5.\nThis Agreement does not create an obligation on the Contracting Parties to obtain or\nprovide ownership information with respect to publicly traded companies or public\ncollective investment funds or schemes unless such information can be obtained without\ngiving rise to disproportionate difficulties.\n6.\nThe competent authority of the Requesting Party shall provide the following\ninformation to the competent authority of the Requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) the period for which information is requested;\n(c) the nature of the information requested and the form in which the\nRequesting Party would prefer to receive it;\n(d) the tax purpose for which the information is sought;\n(e) grounds for believing that the information requested is present in the\nRequested Party or is in the possession or control of a person within the\njurisdiction of the Requested Party;\n(f)\nto the extent known, the name and address of any person believed to be in\npossession or control of the requested information;\n(g) a statement that the request is in conformity with the laws and\nadministrative practices of the Requesting Party, that if the requested\ninformation was within the jurisdiction of the Requesting Party then the\ncompetent authority of the Requesting Party would be able to obtain the\ninformation under the laws of the Requesting Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(h) a statement that the Requesting Party has pursued all means available in\nits own territory to obtain the information, except those that would give\nrise to disproportionate difficulties.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 207\n\n7.\nThe competent authority of the Requested Party shall forward the requested\ninformation as promptly as possible to the Requesting Party.  To ensure a prompt response,\nthe competent authority of the Requested Party shall:\n(a) confirm receipt of a request in writing to the competent authority of the\nRequesting Party and shall notify the competent authority of the\nRequesting Party of deficiencies in the request, if any, within 60 days of\nthe receipt of the request; and\n(b) if the competent authority of the Requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\nRequesting Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nAt the request of the competent authority of the Requesting Party, the Requested Party\nmay allow representatives of the competent authority of the Requesting Party to enter the\nterritory of the Requested Party, to the extent permitted under its domestic laws, to\ninterview individuals and examine records with the prior written consent of the individuals\nor other persons concerned.  The competent authority of the Requesting Party shall notify\nthe competent authority of the Requested Party of the time and place of the intended\nmeeting with the individuals concerned.\n2.\nAt the request of the competent authority of the Requesting Party, the Requested Party\nmay allow representatives of the competent authority of the Requesting Party to be present\nat the appropriate part of a tax examination in the Requested Party, in which case the\ncompetent authority of the Requested Party conducting the examination shall, as soon as\npossible, notify the competent authority of the Requesting Party about the time and place\nof the examination, the authority or official designated to carry out the examination and\nthe procedures and conditions required by the Requested Party for the conduct of the\nexamination.  All decisions with respect to the conduct of the tax examination shall be\nmade by the Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request for Information\n1.\nThe competent authority of the Requested Party may decline to assist:\n(a) where the request is not made in conformity with this Agreement;\n(b) where the Requesting Party has not pursued all means available in its own\nterritory to obtain the information, except where recourse to such means\nwould give rise to disproportionate difficulty; or\n(c) where disclosure of the information would be contrary to public policy\n(ordre public) of the Requested Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 208\nRevised as at 31st December, 2020\nc\n\n2.\nThis Agreement shall not impose on a Contracting Party the obligation:\n(a) to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process, provided that\ninformation described in paragraph 4 of Article 5 shall not be treated as\nsuch a secret or trade process merely because it meets the criteria in that\nparagraph;\n(b) to obtain or provide information which would reveal confidential\ncommunications between a client and an attorney, solicitor or other\nadmitted legal representative where such communications are:\ni)produced for the purposes of seeking or providing legal advice; or\nii)produced for the purposes of use in existing or contemplated legal\nproceedings.\n(c) to carry out administrative measures at variance with its laws and\nadministrative practices, provided nothing in this subparagraph shall affect\nthe obligations of a Contracting Party under paragraph 4 of Article 5.\n3.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n4.\nThe Requested Party shall not be required to obtain and provide information which\nthe Requesting Party would be unable to obtain in similar circumstances under its own laws\nfor the purpose of the administration or enforcement of its own tax laws or in response to\na valid request from the Requested Party under this Agreement.\n5.\nThe Requested Party may decline a request for information if the information is\nrequested by the Requesting Party to administer or enforce a provision of the tax law of the\nRequesting Party, or any requirement connected therewith, which discriminates against a\nnational of the Requested Party as compared with a national of the Requesting Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction\n(including foreign governments) without the express written consent of the competent\nauthority of the Requested Party.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 209\n\nARTICLE 9\nImplementation Legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and give\neffect to, the terms of the Agreement. Such legislation shall be enacted within six months\nof entry into force of this Agreement.\nARTICLE 10\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of the Agreement, the competent authorities shall\nendeavour to resolve the matter by mutual agreement. In addition, the competent\nauthorities of the Contracting Parties may mutually agree on the procedures to be used\nunder Articles 5, 6 and 11 of this Agreement.\n2.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nCosts\n1.\nUnless the competent authorities of the Contracting Parties otherwise agree, ordinary\ncosts incurred in providing assistance shall be borne by the Requested Party, and, subject\nto the provisions of this Article, extraordinary costs incurred in providing assistance shall,\nif they exceed 500 British Pounds, be borne by the Requesting Party.\n2.\nThe competent authorities will consult each other, in advance, in any particular case\nwhere extraordinary costs are likely to exceed 500 British Pounds to determine whether the\nRequesting Party will continue to pursue the request and bear the cost.\n3.\nThe competent authorities shall consult from time to time with regard to this Article.\n4.\nOrdinary costs include internal administration costs, any minor external costs and\noverhead expenses incurred by the Requested Party in reviewing and responding to\ninformation requests submitted by the Requested Party. Examples of extraordinary costs\nincurred in providing assistance include, but are not limited to the following:\n(a) reasonable fees charged by third parties for copying documents on behalf\nof the Requested Party;\n(b) reasonable costs of engaging interpreters, translators or other agreed\nexperts;\n(c) reasonable costs of conveying documents to the Requesting Party;\n(d) reasonable litigation costs of the Requested Party in relation to a specific\nrequest for information; and\n(e) reasonable costs for obtaining depositions or testimony.\nARTICLE 12\nEntry into Force\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 210\nRevised as at 31st December, 2020\nc\n\n1.\nThe Contracting Parties shall notify each other in writing of the completion of the\nprocedures required by the respective laws for the entry into force of this Agreement.\n2.\nThis Agreement shall enter into force on the date of the later of the notifications\nreferred to in paragraph 1 of this Article and shall thereupon have effect forthwith.\n\nARTICLE 13\nTermination\n1.\nThis Agreement shall remain in force until terminated by either Contracting Party.\n2.\nEither Contracting Party may, after the expiry of five years from the date of its entry\ninto force, terminate the Agreement by serving a written notice of termination to the other\nContracting Party through appropriate channel.\n3.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of six months after the date of receipt of notice of termination by the\nother Contracting Party. All requests received up to the effective date of termination shall\nbe dealt with in accordance with the provisions of the Agreement.\nIn witness whereof, the undersigned being duly authorised thereto, have signed this\nAgreement.\nDONE in duplicate at Grand Cayman this 21st day of March 2011, each in the English and\nHindi languages, all texts being equally authentic. In case of divergence of interpretation,\nthe English text shall prevail.\nFor the Government of the Cayman\nIslands:\nFor the Government of the Republic of\nIndia:\nHON. W. MCKEEVA BUSH OBE,\nJP\nHIS EXCELLENCY\nMOHINDER S. GROVER\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 211\n\nSCHEDULE 24\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF SOUTH\nAFRICA FOR THE EXCHANGE OF INFORMATION RELATING TO TAX\nMATTERS\nPREAMBLE\nWHEREAS the Government of the Republic of South Africa and the Government of the\nCayman Islands (\u201cthe Parties\u201d) have long been active in international efforts in the fight\nagainst financial and other crimes, including the targeting of terrorist financing;\nWHEREAS the Parties wish to enhance and facilitate the terms and conditions governing\nthe exchange of information relating to taxes;\nDESIRING THEREFORE the Parties in concluding the following Agreement which\ncontains obligations on the part of the Parties only:\nHAVE AGREED AS FOLLOWS:\nARTICLE 1\nScope of the Agreement\nThe Parties through their competent authorities shall provide assistance through exchange\nof information that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning the taxes covered by this Agreement, including\ninformation that is foreseeably relevant to the determination, assessment, enforcement or\ncollection of tax with respect to persons subject to such taxes, or to the investigation of tax\nmatters or the prosecution of criminal tax matters in relation to such persons. A requested\nParty is not obliged to provide information which is neither held by its authorities nor in\nthe possession of or obtainable by persons who are within its territorial jurisdiction. The\nrights and safeguards secured to persons by the laws or administrative practice of the\nrequested Party remain applicable. The requested Party shall use its best endeavours to\nensure that the effective exchange of information is not unduly prevented or delayed.\nARTICLE 2\nTaxes Covered\n1.\nThis Agreement shall apply to the following taxes imposed by the Parties:\n(a)\nin the Cayman Islands, any tax imposed by the Cayman Islands which is\nsubstantially similar to the existing taxes of South Africa to which this\nAgreement applies; and\n(b) in South Africa:\n(i)\nthe normal tax;\n(ii) the secondary tax on companies;\n(iii) the withholding tax on royalties;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 212\nRevised as at 31st December, 2020\nc\n\n(iv) the tax on foreign entertainers and sportspersons;\n(v) the value added tax.\n2.\nThis Agreement shall apply also to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes, or any\nsubstantially similar taxes if the Parties so agree. The competent authority of each Party\nshall notify the other of substantial changes in laws which may affect the obligations of\nthat Party pursuant to this Agreement.\nARTICLE 3\nGeneraL Definitions\n1.\nIn this Agreement:\n(a) the term \u201cCayman Islands\u201d means the territory of the Cayman Islands and\nincludes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised; and\n(b) the term \u201cSouth Africa\u201d means the Republic of South Africa and, when\nused in a geographical sense, includes the territorial sea thereof as well as\nany area outside the territorial sea, including the continental shelf, which\nhas been or may hereafter be designated, under the laws of South Africa\nand in accordance with international law, as an area within which South\nAfrica may exercise sovereign rights of jurisdiction;\n(c) the term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(d) the term \"competent authority\" means:\n(i)\nin the case of the Cayman Islands, the Tax Information Authority or\nits authorised representative; and\n(ii) in the case of South Africa, the Commissioner of the South African\nRevenue Service or an authorised representative of the\nCommissioner;\n(e) the term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law, irrespective of whether such are contained in the tax laws,\nthe criminal code or other statutes;\n(f)\nthe term \"criminal tax matters\" means tax matters involving intentional\nconduct whether before or after the entry into force of this Agreement\nwhich is liable to prosecution under the criminal laws of the requesting\nParty;\n(g) the term \"information\" means any fact, statement, document or record in\nwhatever form;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 213\n\n(h) the term \"information gathering measures\" means laws and administrative\nor judicial procedures enabling a requested Party to obtain and provide the\ninformation requested;\n(i)\nthe term \"person\" means a natural person, a company or any other body or\ngroup of persons;\n(j)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(k) the term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n(l)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Parties;\n(m) the term \u201cpublic collective investment scheme\u201d means any scheme or fund,\nin which the purchase, sale or redemption of shares or other interests is not\nimplicitly or explicitly restricted to a limited group of investors;\n(n) the term \"requested Party\" means the Party to this Agreement which is\nrequested to provide or has provided information in response to a request;\n(o) the term \"requesting Party\" means the Party to this Agreement submitting\na request for or having received information from the requested Party; and\n(p) the term \"tax\" means any tax covered by this Agreement.\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the laws of that Party, any meaning under the applicable tax laws of that\nParty prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 4\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request by the\nrequesting Party information for the purposes referred to in Article 1. Such information\nshall be exchanged without regard to whether the requested Party needs such information\nfor its own tax purposes or the conduct being investigated would constitute a crime under\nthe laws of the requested Party if it had occurred in the territory of the requested Party. The\ncompetent authority of the requesting Party shall only make a request for information\npursuant to this Article when it is unable to obtain the requested information by other\nmeans, except where recourse to such means would give rise to disproportionate difficulty.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, the requested Party\nshall use the information gathering measures it considers relevant to provide the requesting\nParty with the information requested, notwithstanding that the requested Party may not\nneed such information for its own tax purposes.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 214\nRevised as at 31st December, 2020\nc\n\n3.\nIf specifically requested by the competent authority of the requesting Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Party shall ensure that it has the authority, subject to the terms of Article 1, to\nobtain and provide, through its competent authority and upon request:\n(a) information held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity;\n(b) information regarding the legal and beneficial ownership of companies,\npartnerships, foundations and other persons, including in the case of\ncollective investment schemes, information on shares, units and other\ninterests;\n(c) in the case of trusts, information on settlors, trustees and beneficiaries.\n5.\nThis Agreement does not create an obligation for a Party to obtain or provide\nownership information with respect to publicly traded companies or public collective\ninvestment schemes, unless such information can be obtained without giving rise to\ndisproportionate difficulties.\n6.\nAny request for information shall be formulated with the greatest detail possible in\nspecifying in writing:\n(a) the identity of the person under examination or investigation;\n(b) the period for which the information is requested;\n(c) the nature of the information requested and the form in which the\nrequesting Party would prefer to receive it;\n(d) the tax purpose for which the information is sought;\n(e) the reasons for believing that the information requested is foreseeably\nrelevant to tax administration and enforcement of the requesting Party,\nwith respect to the person identified in subparagraph (a) of this paragraph;\n(f)\ngrounds for believing that the information requested is present in the\nrequested Party or is in the possession of or obtainable by a person within\nthe jurisdiction of the requested Party;\n(g) to the extent known, the name and address of any person believed to be in\npossession or able to obtain the information requested;\n(h) a statement that the request is in conformity with the laws and\nadministrative practices of the requesting Party, that if the requested\ninformation was within the jurisdiction of the requesting Party then the\ncompetent authority of the requesting Party would be able to obtain the\ninformation under the laws of the requesting Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(i)\na statement that the requesting Party has pursued all means available in its\nown territory to obtain the information, except where that would give rise\nto disproportionate difficulty.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 215\n\n7.\nThe competent authority of the requested Party shall acknowledge receipt of the\nrequest to the competent authority of the requesting Party and shall use its best endeavours\nto forward the requested information to the requesting Party with the least possible delay.\n\nARTICLE 5\nTax Examinations Abroad\n1.\nWith reasonable notice, the requesting Party may request that the requested Party\nallow representatives of the competent authority of the requesting Party to enter the\nterritory of the requested Party, to the extent permitted under its domestic laws, to interview\nindividuals and examine records with the prior written consent of the individuals or other\npersons concerned. The competent authority of the requesting Party shall notify the\ncompetent authority of the requested Party of the time and place of the intended meeting\nwith the individuals concerned.\n2.\nAt the request of the competent authority of the requesting Party, the competent\nauthority of the requested Party may permit representatives of the competent authority of\nthe requesting Party to attend a tax examination in the territory of the requested Party.\n3.\nIf the request referred to in paragraph 2 is granted, the competent authority of the\nrequested Party conducting the examination shall, as soon as possible, notify the competent\nauthority of the requesting Party of the time and place of the examination, the authority or\nperson authorised to carry out the examination and the procedures and conditions required\nby the requested Party for the conduct of the examination. All decisions regarding the\nconduct of the examination shall be made by the requested Party conducting the\nexamination.\nARTICLE 6\nPossibility of Declining a Request\n1.\nThe competent authority of the requested Party may decline to assist:\n(a) where the request is not made in conformity with this Agreement;\n(b) where the requesting Party has not pursued all means available in its own\nterritory to obtain the information, except where recourse to such means\nwould give rise to disproportionate difficulty; or\n(c) where the disclosure of the information requested would be contrary to\npublic policy of the requested Party.\n2.\nThis Agreement shall not impose upon a requested Party any obligation to provide\nitems subject to legal privilege, or any trade, business, industrial, commercial or\nprofessional secret or trade process, provided that information described in Article 4,\nparagraph 4, shall not by reason of that fact alone be treated as such a secret or trade\nprocess.\n3.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 216\nRevised as at 31st December, 2020\nc\n\n4.\nThe requested Party shall not be required to obtain and provide information which, if\nthe requested information was within the jurisdiction of the requesting Party, the competent\nauthority of the requesting Party would not be able to obtain under its laws or in the normal\ncourse of administrative practice.\n5.\nThe requested Party may decline a request for information if the information is\nrequested by the requesting Party to administer or enforce a provision of the tax law of the\nrequesting Party, or any requirement connected therewith, which discriminates against a\nnational or citizen of the requested Party as compared with a national or citizen of the\nrequesting Party in the same circumstances.\nARTICLE 7\nConfidentiality\n1.\nAll information provided and received by the competent authorities of the Parties\nshall be kept confidential.\n2.\nSuch information shall be disclosed only to persons or authorities (including courts\nand administrative bodies) concerned with the purposes specified in Article 1, and used by\nsuch persons or authorities only for such purposes, including the determination of any\nappeal. For these purposes, information may be disclosed in public court proceedings or in\njudicial decisions:\n(a) Such information may not be used for any purpose other than for the\npurposes stated in Article 1 without the express written consent of the\ncompetent authority of the requested Party.\n(b) Information provided to a requesting Party under this Agreement may not\nbe disclosed to any other jurisdiction.\nARTICLE 8\nCosts\nUnless the competent authorities of the Parties otherwise agree, indirect costs incurred in\nproviding assistance shall be borne by the requested Party, and direct costs incurred in\nproviding assistance (including costs of engaging external advisors in connection with\nlitigation or otherwise) shall be borne by the requesting Party. The respective competent\nauthorities shall consult from time to time with regard to this Article, and in particular the\ncompetent authority of the requested Party shall consult with the competent authority of\nthe requesting Party in advance if the costs of providing information with respect to a\nspecific request are expected to be significant.\nARTICLE 9\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall use their best\nefforts to resolve the matter by mutual agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 217\n\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 4, 5 and 8.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\n4.\nThe Parties shall agree on other forms of dispute resolution should this become\nnecessary.\nARTICLE 10\nEntry Into Force\nThis Agreement shall enter into force 30 days after receipt of written notification by the\nlatter Party of completion of all legal formalities required for entry into force. Upon the\ndate of entry into force, it shall have effect:\n(a) for criminal tax matters on that date; and\n(b) for all other matters covered in Article 1 on that date, but only in respect\nof taxable periods beginning on or after that date or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 11\nTermination\n1.\nThis Agreement shall remain in force until terminated by either Party.\n2.\nEither Party may terminate this Agreement by giving notice of termination in writing.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of three months after the date of receipt of notice of termination by\nthe other Party. All requests received up to the effective date of termination will be dealt\nwith in accordance with the terms of this Agreement.\n3.\nIf the Agreement is terminated the Parties shall remain bound by the provisions of\nArticle 7 with respect to any information obtained under this Agreement.\nIN WITNESS WHEREOF the undersigned, being duly authorised by their respective\nGovernments, have signed and sealed this Agreement in two originals in the English\nlanguage, both texts being equally authentic.\nDONE at Grand Cayman on 10th day of May in the year 2011.\nHON. W. MCKEEVA BUSH OBE,\nJP\nMR. PRAVIN GORDHAN\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS\nFOR THE GOVERNMENT OF THE\nREPUBLIC OF SOUTH AFRICA\u201d.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 218\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 25\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE STATES OF GUERNSEY FOR THE EXCHANGE\nOF INFORMATION RELATING TO TAX MATTERS\nWHEREAS the Government of the Cayman Islands and the States of Guernsey recognise\nthat present legislation already provides for cooperation and the exchange of information\nin criminal tax matters;\nWHEREAS it is acknowledged that the Government of the Cayman Islands and the States\nof Guernsey have the right, under the terms of the Entrustment from the United Kingdom\nof Great Britain and Northern Ireland, to negotiate, conclude, perform and subject to the\nterms of this Agreement terminate a tax information exchange agreement with each other;\nWHEREAS the Government of the Cayman Islands and the States of Guernsey have\nagreed, to conclude the following Agreement for the exchange of information relating to\ntax matters which contains obligations on the part of the Parties only.\nARTICLE 1\nObject and scope of the agreement\nThe Parties, through their competent authorities, shall provide assistance through exchange\nof information that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning taxes covered by this Agreement, including\ninformation that is foreseeably relevant to the determination, assessment or collection of\nsuch taxes, the recovery and enforcement of tax claims, or the investigation of tax matters\nor the prosecution of criminal tax matters. Information shall be exchanged in accordance\nwith the provisions of this Agreement and shall be treated as confidential in the manner\nprovided in Article 8. The rights and safeguards secured to persons by the laws or\nadministrative practice of the requested Party remain applicable.  The requested Party shall\nuse its best endeavours to ensure that the effective exchange of information is not unduly\nprevented or delayed.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession of or obtainable by persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed\na)\nby Guernsey:\n(i)income tax, and\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 219\n\n(ii)dwellings profits tax.\nb)\nby the Cayman Islands any tax imposed by the Cayman Islands which is\nsubstantially similar to existing taxes of Guernsey to which this agreement\napplies.\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of each Party shall notify the other of any\nsubstantial changes to the taxation and related information gathering measures which may\naffect the obligations of that Party pursuant to this Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless the context otherwise requires:\na)\n\u201cthe Cayman Islands\u201d means the territory of the Cayman Islands and\nincludes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nb)\n\u201cGuernsey\u201d, when used in a geographical sense, means Guernsey,\nAlderney and Herm, including the territorial sea adjacent to those islands,\nin accordance with international law;\nc)\n\u201ccollective investment fund or scheme\u201d means any pooled investment\nvehicle, irrespective of legal form. The term \u201cpublic collective investment\nfund or scheme\u201d means any collective investment fund or scheme provided\nthe units, shares or other interests in the fund or  scheme can be readily\npurchased, sold or redeemed by the public. Units, shares or other interests\nin the fund or scheme can be readily purchased, sold or redeemed \u201cby the\npublic\u201d if the purchase, sale or redemption is not implicitly or explicitly\nrestricted to a limited group of investors;\nd)\n\u201ccompany\u201d means any body corporate or any entity that is treated as a body\ncorporate for tax purposes;\ne)\n\u201ccompetent authority\u201d means:\n(i)\nin the case of the Cayman Islands, the Tax Information Authority or\na person or authority designated by it;\n(ii) in the case of Guernsey, the Director of Income Tax or that person\u2019s\ndelegate;\nf)\n\u201ccriminal laws\u201d means all criminal laws designated as such under domestic\nlaw irrespective of whether such are contained in the tax laws, the criminal\ncode or other statutes;\ng)\n\u201ccriminal tax matters\u201d means tax matters involving intentional conduct\nwhether before or after the entry into force of this Agreement which is\nliable to prosecution under the criminal laws of the requesting party;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 220\nRevised as at 31st December, 2020\nc\n\nh)\n\u201cinformation\u201d means any fact, statement, document or record in any form\nwhatever;\ni)\n\u201cinformation gathering measures\u201d means laws and administrative or\njudicial procedures that enable a requested Party to obtain and provide the\nrequested information;\nj)\n\u201cParty\u201d means the Cayman Islands or the States of Guernsey as the context\nrequires;\nk)\n\u201cperson\u201d includes an individual, a company and any other body or group\nof persons;\nl)\n\u201cprincipal class of shares\u201d means the class or classes of shares representing\na majority of the voting power and value of the company;\nm) \u201cpublicly traded company\u201d means any company whose principal class of\nshares is listed on a recognised stock exchange provided its listed shares\ncan be readily purchased or sold by the public. Shares can be purchased or\nsold \u201cby the public\u201d if the purchase or sale of shares is not implicitly or\nexplicitly restricted to a limited group of investors;\nn)\n\u201crecognised stock exchange\u201d means the Cayman Islands Stock Exchange\nand the Channel Islands Stock Exchange and any other stock exchange\nagreed upon by the competent authorities of the Parties;\no)\n\u201crequested Party\u201d means the Party to this Agreement requested to provide,\nor which has provided, information in response to a request;\np)\n\u201crequesting Party\u201d means the Party to this Agreement submitting a request\nfor information or having received information from the requested Party;\nq)\n\u201ctax\u201d means any tax to which the Agreement applies.\n2.\nAs regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that it has at\nthat time under the law of that Party, any meaning under the applicable tax laws of that\nParty prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request by the\nrequesting Party information for the purposes referred to in Article 1. Such information\nshall be exchanged without regard to whether the requested Party needs such information\nfor its own tax purposes or the conduct being investigated would constitute a crime under\nthe laws of the requested Party if it had occurred in the territory of the requested Party.  The\ncompetent authority of the requesting Party shall only make a request for information\npursuant to this Article when it is unable to obtain the requested information by other means\nwithin its own territory, except where recourse to such means would give rise to\ndisproportionate difficulty.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 221\n\nall relevant information gathering measures necessary to provide the requesting Party with\nthe information requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the requesting Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Party shall ensure that it has the authority, subject to the terms of Article 1, and\nwithin the constraints of Article 2, to obtain and provide, through its competent authorities\nand upon request:\na)\ninformation held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity;\nb)\n(i)\ninformation regarding the beneficial ownership of\ncompanies,\npartnerships, foundations and other persons,\nincluding in the case of\ncollective investment schemes, information on shares, units and other\ninterests;\n(ii)in the case of trusts, information on settlors, trustees, protectors, enforcers\nand beneficiaries,\nprovided that this Agreement does not create an obligation for a Party to obtain or provide\nownership information with respect to publicly traded companies or public collective\ninvestment funds or schemes, unless such information can be obtained without giving rise\nto disproportionate difficulties.\n5.\nAny request for information shall be formulated with the greatest detail possible and\nshall specify in writing:\na)\nthe identity of the person under examination or investigation;\nb)\nthe period for which the information is requested;\nc)\nthe nature of the information requested and the form in which the\nrequesting Party wishes to receive it;\nd)\nthe tax purpose for which the information is sought;\ne)\nthe reasons for believing that the information requested is foreseeably\nrelevant to tax administration and enforcement of the requesting Party,\nwith respect to the person identified in subparagraph a) of this paragraph;\nf)\nthe grounds for believing that the information requested is held in the\nrequested Party or is in the possession of or obtainable by a person within\nthe jurisdiction of the requested Party;\ng)\nto the extent known, the name and address of any person believed to be in\npossession of or able to obtain the requested information;\nh)\na statement that the request is in conformity with the laws and\nadministrative practices of the requesting Party, that if the requested\ninformation was within the jurisdiction of the requesting Party then the\ncompetent authority of the requesting Party would be able to obtain the\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 222\nRevised as at 31st December, 2020\nc\n\ninformation under the laws of the requesting Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ni)\na statement that the requesting Party has pursued all means available in its\nown territory to obtain the information, except where that would give rise\nto disproportionate difficulty.\n6.\nThe competent authority of the requested Party shall use its best endeavours to\nforward the requested information to the requesting Party with the least possible delay. To\nensure a prompt response, the competent authority of the requested Party shall:\na)\nconfirm receipt of a request in writing to the competent authority of the\nrequesting Party and shall notify the competent authority of the requesting\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nif the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the complete\nrequest, including if it encounters obstacles in furnishing the information\nor it refuses to furnish the information, it shall immediately inform the\ncompetent authority of the requesting Party, explaining the reason for its\ninability, the nature of the obstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nWith reasonable notice, a Party may allow representatives of the competent authority\nof the other Party to enter the territory of the first-mentioned Party in accordance with its\ndomestic laws to interview individuals and examine records with the written consent of the\npersons concerned. The competent authority of the second-mentioned Party shall notify the\ncompetent authority of the first-mentioned Party of the time and place of the meeting with\nthe individuals concerned.\n2.\nAt the request of the competent authority of one Party, and in accordance with its\ndomestic laws, the competent authority of the other Party may allow representatives of the\ncompetent authority of the first-mentioned Party to be present at the appropriate part of a\ntax examination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nParty conducting the examination shall, as soon as possible, notify the competent authority\nof the other Party of the time and place of the examination, the authority or official\ndesignated to carry out the examination and the procedures and conditions required by the\nfirst-mentioned Party for the conduct of the examination. All decisions with respect to the\nconduct of the tax examination shall be made by the Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe competent authority of the requested Party may decline to assist:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 223\n\na)\nwhere the request is not made in conformity with this Agreement;\nb)\nwhere the requesting Party has not pursued all means available in its own\nterritory to obtain the information, except where recourse to such means\nwould give rise to disproportionate difficulty; or\nc)\nwhere the disclosure of the information requested would be contrary to\npublic policy.\n2.\nThis Agreement shall not impose on a requested Party the obligation to provide\ninformation subject to legal privilege or which would disclose any trade, business,\nindustrial, commercial or professional secret or trade process, provided that information of\nthe type referred to in Article 5, paragraph 4 shall not by reason of that fact alone be treated\nas such a secret or trade process.\n3.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n4.\nThe requested Party shall not be required to obtain or provide information which, if\nthe requested information was within the jurisdiction of the requesting Party the competent\nauthority of the requesting Party would not be able to obtain under its own laws or in the\nnormal course of administrative practice.\n5.\nThe requested Party may decline a request for information if the information is\nrequested by the requesting Party to administer or enforce a provision of the tax law of the\nrequesting Party, or any requirement connected therewith, which discriminates against a\nnational or citizen of the requested Party as compared with a national or citizen of the\nrequesting Party in the same circumstances.\nARTICLE 8\nConfidentiality\n1.\nAll information provided and received by the competent authorities of the Parties\nshall be kept confidential.\n2.\nSuch information shall be disclosed only to persons or authorities (including courts\nand administrative bodies) concerned with the purposes specified in Article 1, and used by\nsuch persons or authorities only for such purposes, including the determination of any\nappeal. For these purposes, information may be disclosed in public court proceedings or in\njudicial decisions.\n3.\nSuch information may not be used for any purpose other than for the purposes stated\nin Article 1 without the express written consent of the competent authority of the requested\nParty.\n4.\nInformation provided to a requesting Party under this Agreement may not be\ndisclosed to any other jurisdiction.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 224\nRevised as at 31st December, 2020\nc\n\nARTICLE 9\nCosts\nUnless the competent authorities of the Parties otherwise agree, indirect costs incurred in\nproviding assistance shall be borne by the requested Party, and direct costs incurred in\nproviding assistance (including costs of engaging external advisors in connection with\nlitigation or otherwise) shall be borne by the requesting Party. The respective competent\nauthorities shall consult from time to time with regard to this Article, and in particular the\ncompetent authority of the requested Party shall consult with the competent authority of\nthe requesting Party in advance if the costs of providing information with respect to a\nspecific request are expected to be significant.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Parties may mutually agree on the procedures to be used under Articles 5, 6 and 8.\n3.\nThe competent authorities of the Parties may communicate with each other directly\nfor purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect:\na)\nwith respect to criminal tax matters for taxable periods beginning on or\nafter 1 September 2005 or, where there is no taxable period, for all charges\nto tax arising on or after 1 September 2005;\nb)\nfor all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party.\n2.\nEither Party may terminate the Agreement by giving written notice of termination to\nthe other Party. In such case, the Agreement shall cease to have effect on the first day of\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 225\n\nthe month following the end of the period of six months after the date of receipt of notice\nof termination by the other Party.\n3.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed the\nAgreement.\nDone at Guernsey this 29th day of July 2011, in duplicate in the English language.\nFor the Government of the Cayman\nIslands:\nFor the States of Guernsey:\nHON. W. MCKEEVA BUSH OBE,\nJP\nMR. LYNDON TROTT\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 226\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 26\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE PEOPLE\u2019S REPUBLIC\nOF CHINA FOR THE EXCHANGE OF INFORMATION RELATING TO\nTAXES\nThe Government of the Cayman Islands and the Government of the People\u2019s Republic of\nChina (\u201cthe Contracting Parties\u201d),\nAcknowledging that the Contracting Parties are competent to negotiate and conclude a tax\ninformation exchange agreement,\nDesiring to provide a framework for cooperation and facilitate the exchange of information\nwith respect to taxes,\nHave agreed as follows:\nARTICLE 1\nScope of Agreement\n1.\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment, verification and collection of such taxes, the recovery and\nenforcement of tax claims, and the investigation or prosecution of tax matters.\n2.\nInformation shall be exchanged in accordance with the provisions of this Agreement\nand shall be treated as confidential in the manner provided in Article 8.\nARTICLE 2\nJurisdiction\nA requested Party is not obliged to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThe existing taxes to which this Agreement shall apply are in particular:\na)\nin the People\u2019s Republic of China:\nall taxes except customs tariffs;\n(hereinafter referred to as \u201cChinese tax\u201d)\nb)\nin the Cayman Islands:\n\ntaxes of every kind and description.\n\n(hereinafter referred to as \u201cCayman Islands tax\u201d)\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 227\n\n2.\nThis Agreement shall also apply to any identical or substantially similar taxes that are\nimposed after the date of signature of the Agreement in addition to, or in place of, any of\nthe existing taxes listed in paragraph 1.\n3.\nThe taxes covered by this Agreement may be expanded or modified by mutual\nagreement of the Contracting Parties in the form agreed upon by both Contracting Parties.\n4.\nThe competent authorities of the Contracting Parties shall notify each other of any\nsubstantial changes to the taxation and related information gathering measures covered by\nthis Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless the context otherwise requires:\na)\nthe term \u201cthe People\u2019s Republic of China\u201d, when used in a geographical\nsense, means all the territory of the People\u2019s Republic of China, including\nits territorial sea, in which the Chinese laws relating to taxation apply, and\nany area beyond its territorial sea, within which the People\u2019s Republic of\nChina has sovereign rights of exploration for and exploitation of resources\nof the seabed and its sub-soil and superjacent water resources in\naccordance with international law and its domestic law;\nb)\nthe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nd)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ne)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors; and for\nthis purpose, the term \u201cprincipal class of shares\u201d means the class or classes\nof shares representing a majority of the voting power and value of the\ncompany. For the purposes of this paragraph the term \u201crecognised stock\nexchange\u201d means:\n(i)in the People\u2019s Republic of China, the Shanghai Stock Exchange or the\nShenzhen Stock Exchange;\n(ii)in the Cayman Islands, the Cayman Islands Stock Exchange;\n(iii)any other stock exchange which the competent authorities agree to recognize\nfor the purposes of this Agreement;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 228\nRevised as at 31st December, 2020\nc\n\nf)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme, in which the purchase, sale or redemption of shares or other\ninterests is not implicitly or explicitly restricted to a limited group of\ninvestors;\ng)\nthe term \u201ctax\u201d means any tax to which this Agreement applies;\nh)\nthe term \u201ccompetent authority\u201d means:\n(i)\nin the case of the People\u2019s Republic of China, the State\nAdministration of Taxation or its authorized representative; and\n(ii) in the case of the Cayman Islands, the Tax Information Authority or\na person or its authorized representative;\ni)\nthe term \u201cinformation\u201d means any fact, statement, document or record in\nwhatever form;\nj)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\nk)\nthe term \u201crequesting Party\u201d means the Party to this Agreement submitting\na request for or having received information from the requested Party;\nl)\nthe term \u201crequested Party\u201d means the Party to this Agreement which is\nrequested to provide or has provided information in response to a request.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party for the purposes of the taxes to which this\nAgreement applies, any meaning under the applicable tax laws of that Party prevailing over\na meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of a requested Party shall provide upon request in writing\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a tax offence\nunder the laws of the requested Party if it occurred in the territory of the requested Party.\nIf the information received by the competent authority of the requested Party is not\nsufficient to enable it to comply with the request for information, it shall advise the\ncompetent authority of the requesting Party of that fact and request such additional\ninformation as may be required to enable the effective processing of the request.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for the information, the requested\nParty shall use all relevant information gathering measures to provide the requesting Party\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 229\n\nwith the information requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the requesting Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authority, for the purposes of\nthis Agreement, has the authority to obtain and provide upon request:\na)\ninformation held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity;\nb)\ninformation regarding the legal and beneficial ownership of companies,\npartnerships, trusts, foundations and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees, and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers, beneficiaries and directors or other senior officers of the\nfoundation.\n5.\nNotwithstanding the preceding paragraphs, this Agreement does not create an\nobligation on the Contracting Parties to obtain or provide ownership information with\nrespect to publicly traded companies or public collective investment funds or schemes,\nunless such information can be obtained without giving rise to disproportionate difficulties.\n6.\nThe competent authority of the requesting Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under this Agreement in order to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\nthe period for which the information is requested;\nc)\nthe nature and type of the information requested, including a description\nof the information and\/or specific evidence sought, and the form in which\nthe requesting Party would prefer to receive the information;\nd)\nthe tax purposes for which the information is sought;\ne)\ngrounds for believing that the information requested is present in the\nterritory of the requested Party or is in the possession or control of a person\nsubject to the jurisdiction of the requested Party;\nf)\nto the extent known, the name and address of any person believed to be in\npossession or control of the information requested;\ng)\na statement that the request is in conformity with this Agreement and the\nlaws and administrative practices of the requesting Party, and that if the\nrequested information were within the jurisdiction of the requesting Party\nthen the competent authority of the requesting Party would be able to\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 230\nRevised as at 31st December, 2020\nc\n\nobtain the information under the laws of the requesting Party or in the\nnormal course of administrative practice;\nh)\na statement that the requesting Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n7.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the competent authority of the requesting Party.  To\nensure a prompt response, the competent authority of the requested Party shall:\na)\nconfirm receipt of a request in writing to the competent authority of the\nrequesting Party and shall notify the competent authority of the requesting\nParty of any deficiencies in the request within 60 days of receipt of the\nrequest; and\nb)\nimmediately inform the competent authority of the requesting Party to\nexplain the reasons for its inability or the obstacles or its refusal, if the\ncompetent authority of the requested Party has been unable to obtain and\nprovide the information requested within 90 days of receipt of the request,\nincluding if obstacles are encountered in furnishing the information, or if\nthe competent authority of the requested Party refuses to provide the\ninformation.\nARTICLE 6\nTax Examinations or Investigations Abroad\n1.\nThe requested Party may, in accordance with its domestic laws, following receipt of\nnotice of a reasonable time from the requesting Party, allow representatives of the\ncompetent authority of the requesting Party to enter the territory of the requested Party in\nconnection with a request to interview persons and examine records with the prior written\nconsent of the persons concerned. The competent authorities of the Contracting Parties\nshall agree on the time and place of the intended meeting with the persons concerned.\n2.\nAt the request of the competent authority of the requesting Party, and in accordance\nwith its domestic laws, the competent authority of the requested Party may permit\nrepresentatives of the competent authority of the requesting Party to be present at the tax\nexamination in the territory of the requested Party.\n3.\nIf the request referred to in paragraph 2 is granted, the competent authority of the\nrequested Party conducting the examination shall, as soon as possible, notify the competent\nauthority of the requesting Party of the time and place of the examination, the authority or\nperson authorised to carry out the examination and the procedures and conditions required\nby the requested Party for the conduct of the examination. All decisions regarding the\nconduct of the examination shall be made by the requested Party conducting the\nexamination in accordance with its domestic laws.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 231\n\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe competent authority of the requested Party may decline to assist:\na)\nwhere the request is not made in conformity with  this Agreement;\nb)\nwhere the requesting Party has not pursued all means available in its own\nterritory to obtain the information, except where recourse to such means\nwould give rise to disproportionate difficulty; or\nc)\nwhere the disclosure of the information requested would be contrary to the\npublic policy (ordre public) of the requested Party.\n2.\nThis Agreement shall not impose upon a Contracting Party any obligation to provide\ninformation which would disclose any trade, business, industrial, commercial or\nprofessional secret or trade process.  Information described in paragraph 4 of Article 5 shall\nnot by reason of that fact alone constitute such a secret or process.\n3.\na) The provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(i)\nproduced for the purposes of seeking or providing legal advice; or\n(ii) produced for the purposes of use in existing or contemplated legal\nproceedings;\nb)\nInformation held with the intention of furthering a criminal purpose is not\nsubject to legal privilege, and nothing in this Article shall prevent a professional\nlegal advisor from providing the name and address of a client where doing so\nwould not constitute a breach of legal privilege.\n4.\nA request for information shall not be refused on the ground that the tax liability\ngiving rise to the request is disputed by the taxpayer.\n5.\nThe requested Party shall not be required to obtain and provide information which, if\nthe requested information was within the jurisdiction of the requesting Party, the competent\nauthority of the requesting Party would not be able to obtain under its laws or in the normal\ncourse of administrative practice.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the requesting Party to administer or enforce a provision of the tax law of the\nrequesting Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the requesting Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\n1.\nAll information provided and received by the Competent Authorities of the\nContracting Parties shall be treated as confidential in the same manner as information\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 232\nRevised as at 31st December, 2020\nc\n\nobtained under its domestic legislation; or according to the confidentiality conditions\napplicable in the jurisdiction of the Contracting Party that provides such information if the\nlatter conditions are more restrictive and shall be disclosed only to persons or authorities\n(including courts and administrative bodies) in the jurisdiction of the Contracting Parties\nofficially concerned with the purposes specified in Article 1 and used by such persons or\nauthorities only for such purposes, including the determination of any appeal. For these\npurposes, information may be disclosed in public court proceedings or in judicial\nproceedings.\n2.\nThe information may not be used for any purpose other than for the purposes stated\nin Article 1 and may not be disclosed to any other person or entity or authority or any other\njurisdiction without the express written consent of the Competent Authority of the\nrequested Party.\nARTICLE 9\nSafeguards\nThe rights and safeguards secured to persons by the laws or administrative practices of the\nrequested Party remain applicable to the extent that they do not unduly prevent or delay\neffective exchange of information.\nARTICLE 10\nAdministrative Costs\nUnless the competent authorities of the Contracting Parties otherwise agree, ordinary costs\nincurred in providing assistance shall be borne by the requested Party, and extraordinary\ncosts in providing assistance (including costs of engaging external advisors in connection\nwith litigation or otherwise) shall be borne by the requesting Party. The respective\ncompetent authorities shall consult from time to time with regard to this Article, and in\nparticular the competent authority of the requested Party shall consult with the competent\nauthority of the requesting Party in advance if the costs of providing information with\nrespect to a specific request are expected to be significant.\nARTICLE 11\nLanguage\nRequests for assistance and responses thereto shall be in English.\nARTICLE 12\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of this Agreement, the respective competent authorities\nshall use their best efforts to resolve the matter by mutual agreement.\n2.\nIn addition to the endeavours referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5,\n6 and 10.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 233\n\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for the purposes of this Agreement.\n4.\nThe Contracting Parties may also agree in writing on other forms of dispute resolution\nshould this become necessary.\nARTICLE 13\nEntry Into Force\nThe Contracting Parties shall notify each other in writing that they have completed the\ninternal legal procedures necessary for the entry into force of this Agreement. This\nAgreement shall enter into force on the thirtieth day upon the receipt of the latter\nnotification. This Agreement shall have effect in respect of taxable years beginning on or\nafter the date of entry into force.\nARTICLE 14\nTermination\n1.\nThis Agreement shall remain in force until terminated by either Contracting Party.\n2.\nEither Contracting Party may terminate this Agreement by giving notice of\ntermination in writing. Such termination shall become effective on the first day of the\nmonth following the expiration of a period of six months after the date of receipt of notice\nof termination by the other Contracting Party.\n3.\nIf this Agreement is terminated, the Contracting Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under this Agreement. All\nrequests received up to the effective date of termination shall be dealt with in accordance\nwith the terms of this Agreement.\nIN WITNESS whereof the undersigned, duly authorized thereto, have signed this\nAgreement.\nDone at George Town on the 26th day of September, 2011, in duplicate in the English and\nChinese languages, both texts being equally authentic.\nFor the Government of the Cayman\nIslands:\nFor the Government of the People\u2019s\nRepublic of China\nHON. W. MCKEEVA BUSH OBE,\nJP\nMADAME SONG LAN\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 234\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 27\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE\nREPUBLIC OF ARGENTINA ON EXCHANGE OF INFORMATION ON\nTAX MATTERS\nThe Cayman Islands and the Republic of Argentina, desiring to conclude an Agreement on\nexchange of information on tax matters, have agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the Requested Party remain applicable.\nThe Requested Party shall use its best endeavours to ensure that the effective exchange of\ninformation is not unduly prevented or delayed.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes:\na)\nin the case of the Republic of Argentina:\n(i)\nIncome Tax;\n(ii) Value Added Tax;\n(iii) Personal Assets Tax; and\n(iv) Tax on Presumptive Minimum Income.\nb)\nIn the case of the Cayman Islands, any tax imposed by the Cayman Islands\nwhich is substantially similar to existing taxes of the Republic of Argentina\nto which this agreement applies.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 235\n\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\n3.\nThe information provided for the administration of the abovementioned taxes can be\nused for other taxes, the obligations of which could be determined according to the\ninformation gathered under the domestic legislation.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement:\na)\nthe term \u201cContracting Party\u201d means the Cayman Islands or the Republic\nof Argentina as the context requires;\nb)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in the Republic of Argentina, the Head of the Federal Administration\nof Public Revenues or that person\u2019s authorised representative;\nc)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nd)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ne)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nf)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ng)\nthe term \u201crecognised stock exchange\u201d means any stock exchange\nrecognized by the competent authorities of the Contracting Parties;\nh)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or  scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\ni)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 236\nRevised as at 31st December, 2020\nc\n\nj)\nthe term \u201cApplicant Party\u201d means the Contracting Party requesting\ninformation;\nk)\nthe term \u201cRequested Party\u201d means the Contracting Party requested to\nprovide information;\nl)\nthe term \u201cinformation gathering measures\u201d means rules and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\nm) the term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever, relevant to the administration and enforcement of taxes covered\nin this Agreement;\nn)\nthe term \u201ctax offences\u201d means  crimes or offences that are committed\nwithin the tax field and that are considered as such under domestic laws,\nirrespective of whether contained in the tax laws, the Criminal Code or\nother statutes;\no)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\nCriminal Code or other statutes.\n2.\nAs regards the application of this Agreement at any time by any of the Contracting\nParties, any term not defined therein shall, unless the context otherwise requires, have the\nmeaning that it has at that time under the law of that Party, and the meaning under the\napplicable tax laws of that Party prevails over a meaning given to the term under other laws\nof that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the Requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the Requested Party if such conduct would have occurred in the Requested\nParty.\n2.\nIf the information in the possession of the competent authority of the Requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the Applicant Party with the\ninformation requested, notwithstanding that the Requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an Applicant Party, the\ncompetent authority of the Requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 237\n\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, and other persons, including, within the constraints of Article\n2, ownership information on all such persons in an ownership chain; in the\ncase of trusts, information on settlors, trustees and beneficiaries; and in the\ncase of foundations, information on founders, members of the foundation\ncouncil and beneficiaries. Further, this Agreement does not create an\nobligation on the Contracting Parties to obtain or provide ownership\ninformation with respect to publicly traded companies or public collective\ninvestment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nThe competent authority of the Applicant Party shall provide the following\ninformation to the competent authority of the Requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the Applicant Party wishes to receive the information from the\nRequested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nRequested Party or is in the possession or control of a person within the\njurisdiction of the Requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the Applicant Party, that if the requested\ninformation was within the jurisdiction of the Applicant Party then the\ncompetent authority of the Applicant Party would be able to obtain the\ninformation under the laws of the Applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ng)\na statement that the Applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the Requested Party shall forward the requested\ninformation as promptly as possible to the Applicant Party. To ensure a prompt response,\nthe competent authority of the Requested Party shall:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 238\nRevised as at 31st December, 2020\nc\n\na)\nConfirm receipt of a request in writing to the competent authority of the\nApplicant Party and shall notify the competent authority of the Applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request;\nb)\nIf the competent authority of the Requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\nApplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\n7.\nRequests shall be submitted in writing in the official language of the country receiving\nsuch request - in the case of Argentina: Spanish language or in the case of the Cayman\nIslands: English language - and may be made by electronic means.\nARTICLE 6\nPresence of Officials of a Contracting Party in the Territory of the Other\nContracting Party\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the\nfirstmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the firstmentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe Requested Party shall not be required to obtain or provide information that the\nApplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nRequested Party may decline to assist where the request is not made in conformity with\nthis Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 239\n\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be considered as such\na secret or trade process merely because it meets the criteria set forth in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice; or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe Requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe Requested Party may decline a request for information if the information is\nrequested by the Applicant Party to administer or enforce a provision of the tax law of the\nApplicant Party, or any requirement connected therewith, which discriminates against a\nnational or a citizen of the Requested Party as compared with a national or a citizen of the\nApplicant Party in the same circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential, in the same conditions as that obtained under its domestic laws or according\nto the confidentiality conditions applicable in the jurisdiction of the State that provides\nsuch information if the second-mentioned conditions are more restrictive, and may be\ndisclosed only to persons or authorities (including courts and administrative bodies) in the\njurisdiction of the Contracting Party concerned with the assessment or collection of, the\nenforcement or prosecution in respect of, or the determination of appeals in relation to, the\ntaxes imposed by a Contracting Party. Such persons or authorities shall use such\ninformation only for such purposes. They may disclose the information in public court\nproceedings or in judicial decisions. The information may not be disclosed to any other\nperson or entity or authority or any other jurisdiction without the express written consent\nof the competent authority of the Requested Party.\nARTICLE 9\nCosts\nOrdinary costs incurred in providing assistance shall be borne by the Requested Party, and\nextraordinary costs incurred in providing assistance (including reasonable costs of\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 240\nRevised as at 31st December, 2020\nc\n\nengaging external advisors in connection with litigation or otherwise) shall be borne by the\nApplicant Party.  At the request of either Contracting Party, the competent authorities shall\nconsult as necessary with regard to this Article, and in particular the competent authority\nof the Requested Party shall consult with the competent authority of the Applicant Party in\nadvance if the costs of providing information with respect to a specific request are expected\nto be significant.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect:\na)\nfor criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after that date or, where there is no taxable period, for all\ncharges to tax arising on or after that date;\nb)\nfor all other matters covered in Article 1, for taxable periods beginning on\nor after the first day of January of the year next following the date on which\nthe Agreement enters into force, or where there is no taxable period, for\nall charges to tax arising on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may,\nafter one year from the date of its entry into force, terminate the Agreement by giving\nwritten notice of termination to the other Party. In such case, the Agreement shall cease to\nhave effect on the first day of the month following the end of the period of six months after\nthe date of receipt of notice of termination by the other Party.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 241\n\nIn witness whereof the undersigned being duly authorized thereto have signed the\nAgreement.\nDone at Grand Cayman, this 13th day of October, 2011 in two originals, each of them in\nthe Spanish and English languages, both texts being equally authentic.\nFor the Government of the Cayman\nIslands:\nFor the Republic of Argentina:\nHON. W. MCKEEVA BUSH OBE,\nJP\nDR. RICARDO ECHEGARAY\u201d.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 242\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 28\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE CZECH REPUBLIC\nCONCERNING THE EXCHANGE OF INFORMATION ON TAX\nMATTERS\nThe Government of the Cayman Islands and the Government of the Czech Republic,\ndesiring to facilitate the exchange of information with respect to taxes have agreed as\nfollows:\nARTICLE 1\nObject and Scope of the Agreement\n1.\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\n2.\nInformation received by the requesting Party under this Agreement may be used in\nthe requesting Party as evidence in criminal proceedings only if judicial or other competent\nauthorities of the requested Party give consent to it in accordance with the laws of the\nrequested Party if such consent is, under these laws, necessary.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThe taxes covered by this Agreement are the existing taxes imposed by the laws of\nthe Contracting Parties.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes. This Agreement\nshall also apply to any substantially similar taxes imposed after the date of signature of the\nAgreement in addition to or in place of the existing taxes if the competent authorities of\nthe Contracting Parties so agree. Furthermore, the taxes covered may be expanded or\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 243\n\nmodified by mutual agreement of the Contracting Parties in the form of an exchange of\nletters. The competent authorities of the Contracting Parties shall notify each other of any\nsubstantial exchanges to the taxation and related information gathering measures covered\nby the Agreement.\nARTICLE 4\nGeneral definitions\n1.\nFor the purposes of this Agreement, unless otherwise defined the term:\na)\n\"Contracting Party\" means the Czech Republic or the Cayman Islands as\nthe context requires;\nb)\n\"competent authority\" means:\ni)\nin the case of the Czech Republic the Minister of Finance or that\nperson\u2019s authorised representative; and\nii)\nin the case of the Cayman Islands, the Tax Information Authority or\nan individual or authority otherwise designated;\nc)\n\"person\" includes an individual, a company and any other body of persons;\nd)\n\"company\" means any body corporate or any entity that is treated as a body\ncorporate for tax purposes;\ne)\n\"publicly traded company\" means any company whose principal class of\nshares is listed on a recognized stock exchange provided its listed shares\ncan be readily purchased or sold by the public. Shares can be purchased or\nsold \"by the public\" if the purchase or sale of shares is not implicitly or\nexplicitly restricted to a limited group of investors;\nf)\n\"principal class of shares\" means the class or classes of shares representing\na majority of the voting power and value of the company;\ng)\n\"recognized stock exchange\" means any stock exchange agreed upon by\nthe competent authorities of the Contracting Parties;\nh)\n\"collective investment fund or scheme\" means any pooled investment\ninstrument, irrespective of legal form. The term \"public collective\ninvestment fund or scheme\" means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \"by the public\" if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\ni)\n\"tax\" means any tax to which the Agreement applies;\nj)\n\"requesting Party\" means the Contracting Party requesting information;\nk)\n\"requested Party\" means the Contracting Party requested to provide\ninformation;\nl)\n\"information gathering measures\" means laws and administrative or\njudicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 244\nRevised as at 31st December, 2020\nc\n\nm) \"information\" means any fact, statement or record in any form whatever;\nn)\n\"criminal tax matters\" means tax matters involving intentional conduct\nwhich is liable to prosecution under the criminal laws of the requesting\nParty;\no)\n\"criminal proceedings\" means proceedings conducted by law enforcement\nauthorities, prosecutors and courts in order to establish guilt for violations\nof criminal laws and impose appropriate sentences;\np)\n\"criminal laws\" means all criminal laws designated as such under domestic\nlaw irrespective of whether contained in the tax laws, the criminal code or\nother statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Contracting Party for the purposes of taxes to which\nthe Agreement applies, any meaning under the applicable tax law of that Contracting Party\nprevailing over a meaning given to the term under other laws of that Contracting Party.\nARTICLE 5\nExchange of Information upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the requesting Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the requesting Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \"Anstalten\" and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 245\n\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the requesting Party shall provide the following\ninformation to the competent authority of the requested Party to demonstrate the\nforeseeable relevance of the information to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the requesting Party wishes to receive the information from the\nrequested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the requesting Party, that if the requested\ninformation was within the jurisdiction of the requesting Party then the\ncompetent authority of the requesting Party would be able to obtain the\ninformation under the laws of the requesting Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ng)\na statement that the requesting Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the requesting Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\nrequesting Party and shall notify the competent authority of the requesting\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\nrequesting Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 246\nRevised as at 31st December, 2020\nc\n\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the prior written consent of the persons concerned. The\ncompetent authority of the second-mentioned Party shall notify the competent authority of\nthe first-mentioned Party of the time and place of the meeting with the individuals\nconcerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\nrequesting Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 247\n\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the requesting Party to administer or enforce a provision of the tax law of the\nrequesting Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the requesting Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes covered by this Agreement. Such persons\nor authorities shall use such information only for such purposes. They may disclose the\ninformation in public court proceedings or in judicial decisions. The information may not\nbe disclosed to any other person or entity or authority or any other jurisdiction without the\nexpress written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nCosts incurred in providing assistance shall be borne by the requested Party, unless the\ncompetent authorities of the Contracting Parties otherwise agree.\nARTICLE 10\nImplementation measures\nThe Contracting Parties shall enact and publish the laws, and regulations necessary to\ncomply with, and give effect to, the terms of the Agreement.\nARTICLE 11\nLanguage\nRequest for assistance and answers thereto shall be drawn up in English or any other\nlanguage agreed bilaterally between the competent authorities of the Contracting Parties\nunder Article 13.\nARTICLE 12\nOther International Agreements or Arrangements\nThe possibilities of assistance provided by this Agreement do not limit, nor are they limited\nby, those contained in existing international agreements or other arrangements between the\nContracting Parties which relate to the co-operation in tax matters.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 248\nRevised as at 31st December, 2020\nc\n\nARTICLE 13\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of the Agreement, the competent authorities shall\nendeavour to resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreements under this Article.\n4.\nThe Contracting Parties may also agree on other forms of dispute resolution.\nARTICLE 14\nEntry into force\nEach of the Contracting Parties shall notify the other, through relevant channels, of the\ncompletion of the procedures required by its domestic law for the bringing into force of\nthis Agreement. The Agreement shall enter into force on the date of the later of these\nnotifications and its provisions shall have effect:\na)\nfor criminal tax matters on that date; and\nb)\nfor all other matters covered in Article 1 in respect of any tax year\nbeginning on or after the first day of January of the calendar year next\nfollowing that in which this Agreement enters into force.\nARTICLE 15\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Contracting Party. Either\nContracting Party may terminate the Agreement, through the diplomatic channels, by\ngiving written notice of termination. In such event, the Agreement shall cease to have effect\non the first day of the month following the expiration of a period of six months after the\ndate of receipt of notice of termination by the other Contracting Party.\n2.\nUpon termination of this Agreement, both parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under the Agreement.\nIn witness whereof, the undersigned, being duly authorized thereto, have signed the\nAgreement.\nDone in duplicate at South Africa this 26 day of October 2012, in the English and Czech\nlanguages, each text being equally authentic.\nFor the Cayman Islands:\nFor the Czech Republic:\nSAMUEL BULGIN QC, JP\nBLANKA FAJKUSOV\u00c1\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 249\n\nSCHEDULE 29\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE STATE OF QATAR\nCONCERNING EXCHANGE OF INFORMATION ON TAX MATTERS\nThe GOVERNMENT OF THE CAYMAN ISLANDS and the GOVERNMENT OF THE\nSTATE OF QATAR, desiring to conclude an agreement concerning exchange of\ninformation on tax matters, have agreed as follows:\n\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed :\n(a) by the Cayman Islands - taxes of every kind and description, (hereinafter\nreferred to as \u201cthe Cayman Islands tax\u201d);\n(b) by the State of Qatar - taxes on income or profits, (hereinafter referred to\nas \u201cQatari tax\u201d).\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 250\nRevised as at 31st December, 2020\nc\n\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means the Cayman Islands or Qatar as the\ncontext requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Qatar\" means the State of Qatar\u2019s lands, internal waters,\nterritorial sea including its bed and subsoil, the airspace over them, the\nexclusive economic zone and the continental shelf, over which the State of\nQatar exercises sovereign rights and jurisdiction in accordance with the\nprovisions of international law and Qatar\u2019s national laws and regulations;\nd)\nthe term \"competent authority\" means:\n\n(i) in the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n\n(ii) in Qatar, the Ministry of Economy and Finance or its authorized\nrepresentative;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 251\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 252\nRevised as at 31st December, 2020\nc\n\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundation, and other persons, including, within the constraints of Article\n2, ownership information on all such persons in an ownership chain; in the\ncase of trusts, information on settlors, trustees and beneficiaries; and in the\ncase of foundations, information on founders, members of the foundation\ncouncil and beneficiaries. Further, this Agreement does not create an\nobligation on the Contracting Parties to obtain or provide ownership\ninformation with respect to publicly traded companies or public collective\ninvestment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the necessary relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Contracting Party shall acknowledge receipt\nof the request to the competent authority of the requesting Contracting Party and shall use\nits best endeavors to forward the requested information to the requesting Contracting Party\nwith the least reasonable delay.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 253\n\nARTICLE 6\nTax Examinations Abroad\n1.\nBy reasonable notice given in advance, the requesting Contracting Party may request\nthat the requested Contracting Party allow representatives of the competent authority of the\nrequesting Contracting Party to enter the territory of the requested Contracting Party, to the\nextent permitted under its laws, to interview individuals and examine records with the prior\nwritten consent of the individuals or other persons concerned. The competent authority of\nthe requesting Contracting party shall notify the competent authority of the requested\nContracting Party of the time and place of the intended meeting with the individuals\nconcerned.\n2.\nAt the request of the competent authority of the requesting Contracting Party, the\ncompetent authority of the requested Contracting Party may allow representatives of the\ncompetent authority of the requesting Contracting Party to be present at the appropriate\npart of tax examination in the requested Contracting Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nrequested Contracting Party conducting the examination shall, as soon as possible, notify\nthe competent authority of the requesting Contracting Party about the time and place of the\nexamination, the authority or official designated to carry out the examination and\nprocedures and conditions required by the requesting Contracting Party for the conduct of\nthe examination. All decisions with respect to the conduct of the tax examination shall be\nmade by the requested Contracting Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice; or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 254\nRevised as at 31st December, 2020\nc\n\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (Ordre Public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of ordinary costs incurred in providing assistance shall be agreed by the\nContracting Parties, and direct extraordinary costs incurred in providing assistance shall be\nborne by the requesting party.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 255\n\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing, through diplomatic channels, of\nthe completion of the procedures required by its law for the entry into force of this\nAgreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect:\na)\nfor criminal tax matters, on the date of entry into force, for taxable periods\nbeginning on or after that date or, where there is no taxable period, for all\ncharges to tax arising on or after that date;\nb)\nfor all other matters covered in Article 1, in respect of taxable periods\nbeginning on or after the first day of January of the calendar year\nimmediately following the year in which the agreement enters into force.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nafter five years from the date of its entry into force terminate the Agreement by giving\nwritten notice, through diplomatic channels, of termination to the other Party. In such case,\nthe Agreement shall cease to have effect on the first day of January of the calendar year\nimmediately following the year in which the notice is given.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned being duly authorised thereto have signed this\nAgreement.\nDone at Cape Town this 26th day of October, 2012, in duplicate in the English and Arabic\nlanguages, both texts being equally authentic.\nFor the Government of the Cayman\nIslands:\nFor the Government of the State of\nQatar:\nSAMUEL BULGIN QC, JP\nMOFTAH JASSIM AL MOFTAH\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 256\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 30\nAGREEMENT BETWEEN THE ITALIAN REPUBLIC AND THE\nCAYMAN ISLANDS ON EXCHANGE OF INFORMATION ON TAX\nMATTERS\nThe Government of the Italian Republic and the Government of the Cayman Islands,\ndesiring to facilitate the exchange of information with respect to taxes have agreed as\nfollows:\nARTICLE 1\nObject and Scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThe taxes which are the subject of this Agreement are:\na)\nin Italy:\n\n- the personal income tax;\n\n- the corporate income tax;\n\n- the regional tax on productive activities;\n\n- the value added tax;\n\n- the inheritance tax;\n\n- the gift tax;\n\n- the substitute tax;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 257\n\nb)\nin the Cayman Islands, any tax imposed by the Cayman Islands which is\nsubstantially similar to existing taxes of Italy to which this Agreement\napplies.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes. This Agreement\nshall also apply to any substantially similar taxes imposed after the date of signature of the\nAgreement in addition to or in place of the existing taxes if the competent authorities of\nthe Contracting Parties so agree. Furthermore, the taxes covered may be expanded or\nmodified by mutual agreement of the Contracting Parties in the form of an exchange of\nletters. The competent authorities of the Contracting Parties shall notify each other of any\nsubstantial changes to the taxation and related information gathering measures covered by\nthe Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means Italy or the Cayman Islands as the\ncontext requires;\nb)\nthe term \u201cItaly\u201d means the Italian Republic and includes any area beyond\nthe territorial waters which is designated as an area within which Italy, in\ncompliance with its legislation and in conformity with the international\nlaw, may exercise sovereign rights in respect of the exploration and\nexploitation of the natural resources of the seabed, the subsoil and the\nsuperjacent waters;\nc)\nthe term \u201cCayman Islands\u201d means the territory of the Cayman Islands and\nincludes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and subsoil and their natural resources may be exercised;\nd)\nthe term \u201ccompetent authority\u201d means:\ni)\nin the case of Italy, the Ministry of Economy and Finance;\nii)\nin the case of the Cayman Islands, the Tax Information Authority or\na person or authority designated by it;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 258\nRevised as at 31st December, 2020\nc\n\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed \u201cby the public\u201d. Units, shares\nor other interests in the fund or scheme can be readily purchased, sold or\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party, it being understood that the term \u201ccriminal laws\u201d means\nall criminal laws designated as such under domestic law irrespective of\nwhether contained in the tax laws, the criminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 259\n\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\nb)\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, and other persons, including, within the constraints of Article\n2, ownership information on all such persons in an ownership chain; in the\ncase of trusts, information on settlors, trustees and beneficiaries; and in the\ncase of foundations, information on founders, members of the foundation\ncouncil and beneficiaries. Further, this Agreement does not create an\nobligation on the Contracting Parties to obtain or provide ownership\ninformation with respect to publicly traded companies or public collective\ninvestment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 260\nRevised as at 31st December, 2020\nc\n\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nConfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nIf the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party in order to be present\nat the interview of individuals and examination of records with the written consent of the\npersons concerned. The competent authority of the second-mentioned Party shall notify the\ncompetent authority of the first-mentioned Party of the time and place of the meeting with\nthe individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 261\n\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes covered by this Agreement. Such persons\nor authorities shall use such information only for such purposes. They may disclose the\ninformation in public court proceedings or in judicial decisions. The information may not\nbe disclosed to any other person or entity or authority or any other jurisdiction without the\nexpress written consent of the competent authority of the requested Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 262\nRevised as at 31st December, 2020\nc\n\nARTICLE 9\nCosts\nUnless the competent authorities of the Parties otherwise agree, ordinary costs incurred in\nproviding assistance shall be borne by the requested Party, and extraordinary costs in\nproviding assistance (including costs of engaging external advisers in connection with\nlitigation or otherwise) shall be borne by the applicant Party. The respective competent\nauthorities shall consult from time to time with regard to this Article, and in particular the\ncompetent authority of the requested Party shall consult with the competent authority of\nthe applicant Party if the costs of providing information with respect to a specific request\nare expected to be significant.\n\u201cExtraordinary costs\u201d do not include ordinary administrative and overhead expenses\nincurred by the requested Party in reviewing and responding to information requests\nsubmitted by the applicant Party.\nARTICLE 10\nImplementation Legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and give\neffect to, the terms of the Agreement.\nARTICLE 11\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of the Agreement, the competent authorities shall\nendeavour to resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\n4.\nThe Contracting Parties may also agree on other forms of dispute resolution.\nARTICLE 12\nEntry into Force\n1.\nThis Agreement is subject to ratification by the Contracting Parties, in accordance\nwith their respective laws.\n2.\nThis Agreement shall enter into force on the date of the receipt of the last notification\nby which each Party shall formally have communicated to the other that the respective\ninternal procedures for entry into force have been completed. Upon entry into force, it shall\nhave effect:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 263\n\na)\nfor criminal tax matters on that date; and\nb)\nfor all other matters covered in Article 1 on that date, but only in respect\nof taxable periods beginning on or after that date, or where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n1.\nEither Contracting Party may terminate the Agreement by serving a notice of\ntermination either through diplomatic channels or by letter to the competent authority of\nthe other Contracting Party.\n2.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of six months after the date of receipt of notice of termination by the\nother Contracting Party.\n3.\nFollowing termination of the Agreement, the Contracting Parties shall remain bound\nby the provisions of Article 8 with respect to any information obtained under the\nAgreement.\nIn witness whereof, the undersigned, being duly authorised thereto, have signed the\nAgreement.\nDone at London on 3 December, 2012, in two originals, each in the Italian and English\nlanguages, both texts being equally authentic.\nFOR THE GOVERNMENT OF THE\nITALIAN REPUBLIC:\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nALAIN GIORGIO MARIA\nECONOMIDES\nW. MCKEEVA BUSH\".\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 264\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 31\nPART 1\nCONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX\nMATTERS\nText amended by the provisions of the Protocol amending the Convention on Mutual\nAdministrative Assistance in Tax Matters, which entered into force on 1st June 2011.\nPreamble\nThe member States of the Council of Europe and the member countries of the Organisation\nfor Economic Co-operation and Development (OECD), signatories of this Convention,\nConsidering that the development of international movement of persons, capital, goods and\nservices \u2013 although highly beneficial in itself \u2013 has increased the possibilities of tax\navoidance and evasion and therefore requires increasing co-operation among tax\nauthorities;\nWelcoming the various efforts made in recent years to combat tax avoidance and tax\nevasion on an international level, whether bilaterally or multilaterally;\nConsidering that a co-ordinated effort between States is necessary in order to foster all\nforms of administrative assistance in matters concerning taxes of any kind whilst at the\nsame time ensuring adequate protection of the rights of taxpayers;\nRecognising that international co-operation can play an important part in facilitating the\nproper determination of tax liabilities and in helping the taxpayer to secure that person\u2019s\nrights;\nConsidering that fundamental principles entitling every person to have that person\u2019s rights\nand obligations determined in accordance with a proper legal procedure should be\nrecognised as applying to tax matters in all States and that States should endeavour to\nprotect the legitimate interests of taxpayers, including appropriate protection against\ndiscrimination and double taxation;\nConvinced therefore that States should carry out measures or supply information, having\nregard to the necessity of protecting the confidentiality of information, and taking account\nof international instruments for the protection of privacy and flows of personal data;\nConsidering that a new co-operative environment has emerged and that it is desirable that\na multilateral instrument is made available to allow the widest number of States to obtain\nthe benefits of the new co-operative environment and at the same time implement the\nhighest international standards of co-operation in the tax field;\nDesiring to conclude a convention on mutual administrative assistance in tax matters,\nHave agreed as follows:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 265\n\nChapter I \u2013 Scope of the Convention\nARTICLE 1\nObject of the Convention and persons covered\n1\nThe Parties shall, subject to the provisions of Chapter IV, provide administrative\nassistance to each other in tax matters. Such assistance may involve, where appropriate,\nmeasures taken by judicial bodies.\n2\nSuch administrative assistance shall comprise:\na\nexchange of information, including simultaneous tax examinations and\nparticipation in tax examinations abroad;\nb\nassistance in recovery, including measures of conservancy; and\nc\nservice of documents.\n3\nA Party shall provide administrative assistance whether the person affected is a\nresident or national of a Party or of any other State.\nARTICLE 2\nTaxes covered\n1\nThis Convention shall apply:\na\nto the following taxes:\ni\ntaxes on income or profits,\nii\ntaxes on capital gains which are imposed separately from the tax on\nincome or profits,\niii\ntaxes on net wealth,\nimposed on behalf of a Party; and\nb\nto the following taxes:\ni\ntaxes on income, profits, capital gains or net wealth which are\nimposed on behalf of political subdivisions or local authorities of a\nParty,\nii\ncompulsory social security contributions payable to general\ngovernment or to social security institutions established under public\nlaw, and\niii\ntaxes in other categories, except customs duties, imposed on behalf\nof a Party, namely:\nA.\nestate, inheritance or gift taxes,\nB.\ntaxes on immovable property,\nC.\ngeneral consumption taxes, such as value added or sales taxes,\nD.\nspecific taxes on goods and services such as excise taxes,\nE.\ntaxes on the use or ownership of motor vehicles,\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 266\nRevised as at 31st December, 2020\nc\n\nF.\ntaxes on the use or ownership of movable property other than\nmotor vehicles,\nG.\nany other taxes;\niv\ntaxes in categories referred to in sub-paragraph iii. above which are\nimposed on behalf of political subdivisions or local authorities of a\nParty.\n2\nThe existing taxes to which the Convention shall apply are listed in Annex A in the\ncategories referred to in paragraph 1.\n3\nThe Parties shall notify the Secretary General of the Council of Europe or the\nSecretary General of OECD (hereinafter referred to as the \u201cDepositaries\u201d) of any change\nto be made to Annex A as a result of a modification of the list mentioned in paragraph 2.\nSuch change shall take effect on the first day of the month following the expiration of a\nperiod of three months after the date of receipt of such notification by the Depositary.\n4\nThe Convention shall also apply, as from their adoption, to any identical or\nsubstantially similar taxes which are imposed in a Contracting State after the entry into\nforce of the Convention in respect of that Party in addition to or in place of the existing\ntaxes listed in Annex A and, in that event, the Party concerned shall notify one of the\nDepositaries of the adoption of the tax in question.\n\nChapter II \u2013 General definitions\nARTICLE 3\nDefinitions\n1\nFor the purposes of this Convention, unless the context otherwise requires:\na\nthe terms \u201capplicant State\u201d and \u201crequested State\u201d mean respectively any\nParty applying for administrative assistance in tax matters and any Party\nrequested to provide such assistance;\nb\nthe term \u201ctax\u201d means any tax or social security contribution to which the\nConvention applies pursuant to Article 2;\nc\nthe term \u201ctax claim\u201d means any amount of tax, as well as interest thereon,\nrelated administrative fines and costs incidental to recovery, which are\nowed and not yet paid;\nd\nthe term \u201ccompetent authority\u201d means the persons and authorities listed in\nAnnex B;\ne\nthe term \u201cnationals\u201d in relation to a Party means:\ni\nall individuals possessing the nationality of that Party, and\nii\nall legal persons, partnerships, associations and other entities\nderiving their status as such from the laws in force in that Party.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 267\n\nFor each Party that has made a declaration for that purpose, the terms used above will be\nunderstood as defined in Annex C.\n2\nAs regards the application of the Convention by a Party, any term not defined therein\nshall, unless the context otherwise requires, have the meaning which it has under the law\nof that Party concerning the taxes covered by the Convention.\n3\nThe Parties shall notify one of the Depositaries of any change to be made to Annexes\nB and C. Such change shall take effect on the first day of the month following the expiration\nof a period of three months after the date of receipt of such notification by the Depositary\nin question.\n\nChapter III \u2013 Forms of assistance\nSection I \u2013 Exchange of information\nARTICLE 4\nGeneral provision\n1\nThe Parties shall exchange any information, in particular as provided in this section,\nthat is foreseeably relevant for the administration or enforcement of their domestic laws\nconcerning the taxes covered by this Convention.\n2\nDeleted.\n3\nAny Party may, by a declaration addressed to one of the Depositaries, indicate that,\naccording to its internal legislation, its authorities may inform its resident or national before\ntransmitting information concerning him, in conformity with Articles 5 and 7.\nARTICLE 5\nExchange of information on request\n1\nAt the request of the applicant State, the requested State shall provide the applicant\nState with any information referred to in Article 4 which concerns particular persons or\ntransactions.\n2\nIf the information available in the tax files of the requested State is not sufficient to\nenable it to comply with the request for information, that State shall take all relevant\nmeasures to provide the applicant State with the information requested.\nARTICLE 6\nAutomatic exchange of information\nWith respect to categories of cases and in accordance with procedures which they shall\ndetermine by mutual agreement, two or more Parties shall automatically exchange the\ninformation referred to in Article 4.\nARTICLE 7\nSpontaneous exchange of information\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 268\nRevised as at 31st December, 2020\nc\n\n1\nA Party shall, without prior request, forward to another Party information of which it\nhas knowledge in the following circumstances:\na\nthe first-mentioned Party has grounds for supposing that there may be a\nloss of tax in the other Party;\nb\na person liable to tax obtains a reduction in or an exemption from tax in\nthe first-mentioned Party which would give rise to an increase in tax or to\nliability to tax in the other Party;\nc\nbusiness dealings between a person liable to tax in a Party and a person\nliable to tax in another Party are conducted through one or more countries\nin such a way that a saving in tax may result in one or the other Party or in\nboth;\nd\na Party has grounds for supposing that a saving of tax may result from\nartificial transfers of profits within groups of enterprises;\ne\ninformation forwarded to the first-mentioned Party by the other Party has\nenabled information to be obtained which may be relevant in assessing\nliability to tax in the latter Party.\n2\nEach Party shall take such measures and implement such procedures as are necessary\nto ensure that information described in paragraph 1 will be made available for transmission\nto another Party.\nARTICLE 8\nSimultaneous tax examinations\n1\nAt the request of one of them, two or more Parties shall consult together for the\npurposes of determining cases and procedures for simultaneous tax examinations. Each\nParty involved shall decide whether or not it wishes to participate in a particular\nsimultaneous tax examination.\n2\nFor the purposes of this Convention, a simultaneous tax examination means an\narrangement between two or more Parties to examine simultaneously, each in its own\nterritory, the tax affairs of a person or persons in which they have a common or related\ninterest, with a view to exchanging any relevant information which they so obtain.\nARTICLE 9\nTax examinations abroad\n1\nAt the request of the competent authority of the applicant State, the competent\nauthority of the requested State may allow representatives of the competent authority of\nthe applicant State to be present at the appropriate part of a tax examination in the requested\nState.\n2\nIf the request is acceded to, the competent authority of the requested State shall, as\nsoon as possible, notify the competent authority of the applicant State about the time and\nplace of the examination, the authority or official designated to carry out the examination\nand the procedures and conditions required by the requested State for the conduct of the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 269\n\nexamination. All decisions with respect to the conduct of the tax examination shall be made\nby the requested State.\n3\nA Party may inform one of the Depositaries of its intention not to accept, as a general\nrule, such requests as are referred to in paragraph 1. Such a declaration may be made or\nwithdrawn at any time.\nARTICLE 10\nConflicting information\nIf a Party receives from another Party information about a person\u2019s tax affairs which\nappears to it to conflict with information in its possession, it shall so advise the Party which\nhas provided the information.\nSection II - Assistance in recovery\nARTICLE 11\nRecovery of tax claims\n1\nAt the request of the applicant State, the requested State shall, subject to the\nprovisions of Articles 14 and 15, take the necessary steps to recover tax claims of the firstmentioned State as if they were its own tax claims.\n2\nThe provision of paragraph 1 shall apply only to tax claims which form the subject of\nan instrument permitting their enforcement in the applicant State and, unless otherwise\nagreed between the Parties concerned, which are not contested.\nHowever, where the claim is against a person who is not a resident of the applicant State,\nparagraph 1 shall only apply, unless otherwise agreed between the Parties concerned,\nwhere the claim may no longer be contested.\n3\nThe obligation to provide assistance in the recovery of tax claims concerning a\ndeceased person or that person\u2019s estate, is limited to the value of the estate or of the property\nacquired by each beneficiary of the estate, according to whether the claim is to be recovered\nfrom the estate or from the beneficiaries thereof.\nARTICLE 12\nMeasures of conservancy\nAt the request of the applicant State, the requested State shall, with a view to the recovery\nof an amount of tax, take measures of conservancy even if the claim is contested or is not\nyet the subject of an instrument permitting enforcement.\nARTICLE 13\nDocuments accompanying the request\n1\nThe request for administrative assistance under this section shall be accompanied by:\na\na declaration that the tax claim concerns a tax covered by the Convention\nand, in the case of recovery that, subject to paragraph 2 of Article 11, the\ntax claim is not or may not be contested,\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 270\nRevised as at 31st December, 2020\nc\n\nb\nan official copy of the instrument permitting enforcement in the applicant\nState, and\nc\nany other document required for recovery or measures of conservancy.\n2\nThe instrument permitting enforcement in the applicant State shall, where appropriate\nand in accordance with the provisions in force in the requested State, be accepted,\nrecognised, supplemented or replaced as soon as possible after the date of the receipt of the\nrequest for assistance, by an instrument permitting enforcement in the latter State.\nARTICLE 14\nTime limits\n1\nQuestions concerning any period beyond which a tax claim cannot be enforced shall\nbe governed by the law of the applicant State. The request for assistance shall give\nparticulars concerning that period.\n2\nActs of recovery carried out by the requested State in pursuance of a request for\nassistance, which, according to the laws of that State, would have the effect of suspending\nor interrupting the period mentioned in paragraph 1, shall also have this effect under the\nlaws of the applicant State. The requested State shall inform the applicant State about such\nacts.\n3\nIn any case, the requested State is not obliged to comply with a request for\nassistance which is submitted after a period of 15 years from the date of the original\ninstrument permitting enforcement.\nARTICLE 15\nPriority\nThe tax claim in the recovery of which assistance is provided shall not have in the requested\nState any priority specially accorded to the tax claims of that State even if the recovery\nprocedure used is the one applicable to its own tax claims.\nARTICLE 16\nDeferral of payment\nThe requested State may allow deferral of payment or payment by instalments if its laws\nor administrative practice permit it to do so in similar circumstances, but shall first inform\nthe applicant State.\nSection III \u2013 Service of documents\nARTICLE 17\nService of documents\n1\nAt the request of the applicant State, the requested State shall serve upon the addressee\ndocuments, including those relating to judicial decisions, which emanate from the applicant\nState and which relate to a tax covered by this Convention.\n2\nThe requested State shall effect service of documents:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 271\n\na\nby a method prescribed by its domestic laws for the service of documents\nof a substantially similar nature;\nb\nto the extent possible, by a particular method requested by the applicant\nState or the closest to such method available under its own laws.\n3\nA Party may effect service of documents directly through the post on a person within\nthe territory of another Party.\n4\nNothing in the Convention shall be construed as invalidating any service of\ndocuments by a Party in accordance with its laws.\n5\nWhen a document is served in accordance with this article, it need not be accompanied\nby a translation. However, where it is satisfied that the addressee cannot understand the\nlanguage of the document, the requested State shall arrange to have it translated into or a\nsummary drafted in its or one of its official languages. Alternatively, it may ask the\napplicant State to have the document either translated into or accompanied by a summary\nin one of the official languages of the requested State, the Council of Europe or the OECD.\nChapter IV \u2013 Provisions relating to all forms of assistance\nARTICLE 18\nInformation to be provided by the applicant State\n1\nA request for assistance shall indicate where appropriate:\na\nthe authority or agency which initiated the request made by the competent\nauthority;\nb\nthe name, address, or any other particulars assisting in the identification of\nthe person in respect of whom the request is made;\nc\nin the case of a request for information, the form in which the applicant\nState wishes the information to be supplied in order to meet its needs;\nd\nin the case of a request for assistance in recovery or measures of\nconservancy, the nature of the tax claim, the components of the tax claim\nand the assets from which the tax claim may be recovered;\ne\nin the case of a request for service of documents, the nature and the subject\nof the document to be served;\nf\nwhether it is in conformity with the law and administrative practice of the\napplicant State and whether it is justified in the light of the requirements\nof Article 21.2.g.\n2\nAs soon as any other information relevant to the request for assistance comes to its\nknowledge, the applicant State shall forward it to the requested State.\nARTICLE 19\nDeleted\n\nARTICLE 20\nResponse to the request for assistance\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 272\nRevised as at 31st December, 2020\nc\n\n1\nIf the request for assistance is complied with, the requested State shall inform the\napplicant State of the action taken and of the result of the assistance as soon as possible.\n2\nIf the request is declined, the requested State shall inform the applicant State of that\ndecision and the reason for it as soon as possible.\n3\nIf, with respect to a request for information, the applicant State has specified the form\nin which it wishes the information to be supplied and the requested State is in a position to\ndo so, the requested State shall supply it in the form requested.\nARTICLE 21\nProtection of persons and limits to the obligation to provide assistance\n1\nNothing in this Convention shall affect the rights and safeguards secured to persons\nby the laws or administrative practice of the requested State.\n2\nExcept in the case of Article 14, the provisions of this Convention shall not be\nconstrued so as to impose on the requested State the obligation:\na\nto carry out measures at variance with its own laws or administrative\npractice or the laws or administrative practice of the applicant State;\nb\nto carry out measures which would be contrary to public policy (ordre\npublic);\nc\nto supply information which is not obtainable under its own laws or its\nadministrative practice or under the laws of the applicant State or its\nadministrative practice;\nd\nto supply information which would disclose any trade, business, industrial,\ncommercial or professional secret, or trade process, or information the\ndisclosure of which would be contrary to public policy (ordre public);\ne\nto provide administrative assistance if and insofar as it considers the\ntaxation in the applicant State to be contrary to generally accepted taxation\nprinciples or to the provisions of a convention for the avoidance of double\ntaxation, or of any other convention which the requested State has\nconcluded with the applicant State;\nf\nto provide administrative assistance for the purpose of administering or\nenforcing a provision of the tax law of the applicant State, or any\nrequirement connected therewith, which discriminates against a national\nof the requested State as compared with a national of the applicant State in\nthe same circumstances;\ng\nto provide administrative assistance if the applicant State has not pursued\nall reasonable measures available under its laws or administrative practice,\nexcept where recourse to such measures would give rise to\ndisproportionate difficulty;\nh\nto provide assistance in recovery in those cases where the administrative\nburden for that State is clearly disproportionate to the benefit to be derived\nby the applicant State.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 273\n\n3\nIf information is requested by the applicant State in accordance with this Convention,\nthe requested State shall use its information gathering measures to obtain the requested\ninformation, even though the requested State may not need such information for its own\ntax purposes. The obligation contained in the preceding sentence is subject to the\nlimitations contained in this Convention, but in no case shall such limitations, including in\nparticular those of paragraphs 1 and 2, be construed to permit a requested State to decline\nto supply information solely because it has no domestic interest in such information.\n4\nIn no case shall the provisions of this Convention, including in particular those of\nparagraphs 1 and 2, be construed to permit a requested State to decline to supply\ninformation solely because the information is held by a bank, other financial institution,\nnominee or person acting in an agency or a fiduciary capacity or because it relates to\nownership interests in a person.\nARTICLE 22\nSecrecy\n1\nAny information obtained by a Party under this Convention shall be treated as secret\nand protected in the same manner as information obtained under the domestic law of that\nParty and, to the extent needed to ensure the necessary level of protection of personal data,\nin accordance with the safeguards which may be specified by the supplying Party as\nrequired under its domestic law.\n2\nSuch information shall in any case be disclosed only to persons or authorities\n(including courts and administrative or supervisory bodies) concerned with the assessment,\ncollection or recovery of, the enforcement or prosecution in respect of, or the determination\nof appeals in relation to, taxes of that Party, or the oversight of the above. Only the persons\nor authorities mentioned above may use the information and then only for such purposes.\nThey may, notwithstanding the provisions of paragraph 1, disclose it in public court\nproceedings or in judicial decisions relating to such taxes.\n3\nIf a Party has made a reservation provided for in sub-paragraph a. of paragraph 1 of\nArticle 30, any other Party obtaining information from that Party shall not use it for the\npurpose of a tax in a category subject to the reservation. Similarly, the Party making such\na reservation shall not use information obtained under this Convention for the purpose of\na tax in a category subject to the reservation.\n4\nNotwithstanding the provisions of paragraphs 1, 2 and 3, information received by a\nParty may be used for other purposes when such information may be used for such other\npurposes under the laws of the supplying Party and the competent authority of that Party\nauthorises such use. Information provided by a Party to another Party may be transmitted\nby the latter to a third Party, subject to prior authorisation by the competent authority of\nthe first-mentioned Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 274\nRevised as at 31st December, 2020\nc\n\nARTICLE 23\nProceedings\n1\nProceedings relating to measures taken under this Convention by the requested State\nshall be brought only before the appropriate body of that State.\n2\nProceedings relating to measures taken under this Convention by the applicant State,\nin particular those which, in the field of recovery, concern the existence or the amount of\nthe tax claim or the instrument permitting its enforcement, shall be brought only before the\nappropriate body of that State. If such proceedings are brought, the applicant State shall\ninform the requested State which shall suspend the procedure pending the decision of the\nbody in question. However, the requested State shall, if asked by the applicant State, take\nmeasures of conservancy to safeguard recovery. The requested State can also be informed\nof such proceedings by any interested person. Upon receipt of such information the\nrequested State shall consult on the matter, if necessary, with the applicant State.\n3\nAs soon as a final decision in the proceedings has been given, the requested State or\nthe applicant State, as the case may be, shall notify the other State of the decision and the\nimplications which it has for the request for assistance.\n\nChapter V \u2013 Special provisions\nARTICLE 24\nImplementation of the Convention\n1\nThe Parties shall communicate with each other for the implementation of this\nConvention through their respective competent authorities. The competent authorities may\ncommunicate directly for this purpose and may authorise subordinate authorities to act on\ntheir behalf. The competent authorities of two or more Parties may mutually agree on the\nmode of application of the Convention among themselves.\n2\nWhere the requested State considers that the application of this Convention in a\nparticular case would have serious and undesirable consequences, the competent\nauthorities of the requested and of the applicant State shall consult each other and\nendeavour to resolve the situation by mutual agreement.\n3\nA co-ordinating body composed of representatives of the competent authorities of the\nParties shall monitor the implementation and development of this Convention, under the\naegis of the OECD. To that end, the co-ordinating body shall recommend any action likely\nto further the general aims of the Convention. In particular it shall act as a forum for the\nstudy of new methods and procedures to increase international co-operation in tax matters\nand, where appropriate, it may recommend revisions or amendments to the Convention.\nStates which have signed but not yet ratified, accepted or approved the Convention are\nentitled to be represented at the meetings of the co-ordinating body as observers.\n4\nA Party may ask the co-ordinating body to furnish opinions on the interpretation of\nthe provisions of the Convention.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 275\n\n5\nWhere difficulties or doubts arise between two or more Parties regarding the\nimplementation or interpretation of the Convention, the competent authorities of those\nParties shall endeavour to resolve the matter by mutual agreement. The agreement shall be\ncommunicated to the co-ordinating body.\n6\nThe Secretary General of OECD shall inform the Parties, and the Signatory States\nwhich have not yet ratified, accepted or approved the Convention, of opinions furnished\nby the co-ordinating body according to the provisions of paragraph 4 above and of mutual\nagreements reached under paragraph 5 above.\nARTICLE 25\nLanguage\nRequests for assistance and answers thereto shall be drawn up in one of the official\nlanguages of the OECD and of the Council of Europe or in any other language agreed\nbilaterally between the Contracting States concerned.\nARTICLE 26\nCosts\nUnless otherwise agreed bilaterally by the Parties concerned:\na\nordinary costs incurred in providing assistance shall be borne by the\nrequested State;\nb\nextraordinary costs incurred in providing assistance shall be borne by the\napplicant State.\n\nChapter VI \u2013 Final provisions\nARTICLE 27\nOther international agreements or arrangements\n1\nThe possibilities of assistance provided by this Convention do not limit, nor are they\nlimited by, those contained in existing or future international agreements or other\narrangements between the Parties concerned or other instruments which relate to cooperation in tax matters.\n2\nNotwithstanding paragraph 1, those Parties which are member States of the European\nUnion can apply, in their mutual relations, the possibilities of assistance provided for by\nthe Convention in so far as they allow a wider co-operation than the possibilities offered\nby the applicable European Union rules.\nARTICLE 28\nSignature and entry into force of the Convention\n1\nThis Convention shall be open for signature by the member States of the Council of\nEurope and the member countries of OECD. It is subject to ratification, acceptance or\napproval. Instruments of ratification, acceptance or approval shall be deposited with one of\nthe Depositaries.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 276\nRevised as at 31st December, 2020\nc\n\n2\nThis Convention shall enter into force on the first day of the month following the\nexpiration of a period of three months after the date on which five States have expressed\ntheir consent to be bound by the Convention in accordance with the provisions of\nparagraph 1.\n3\nIn respect of any member State of the Council of Europe or any member country of\nOECD which subsequently expresses its consent to be bound by it, the Convention shall\nenter into force on the first day of the month following the expiration of a period of three\nmonths after the date of the deposit of the instrument of ratification, acceptance or approval.\n4\nAny member State of the Council of Europe or any member country of OECD which\nbecomes a Party to the Convention after the entry into force of the Protocol amending this\nConvention, opened for signature on 27th May 2010 (the \u201c2010 Protocol\u201d), shall be a Party\nto the Convention as amended by that Protocol, unless they express a different intention in\na written communication to one of the Depositaries.\n5\nAfter the entry into force of the 2010 Protocol, any State which is not a member of\nthe Council of Europe or of the OECD may request to be invited to sign and ratify this\nConvention as amended by the 2010 Protocol. Any request to this effect shall be addressed\nto one of the Depositaries, who shall transmit it to the Parties. The Depositary shall also\ninform the Committee of Ministers of the Council of Europe and the OECD Council. The\ndecision to invite States which so request to become Party to this Convention shall be taken\nby consensus by the Parties to the Convention through the co-ordinating body. In respect\nof any State ratifying the Convention as amended by the 2010 Protocol in accordance with\nthis paragraph, this Convention shall enter into force on the first day of the month following\nthe expiration of a period of three months after the date of deposit of the instrument of\nratification with one of the Depositaries.\n6\nThe provisions of this Convention, as amended by the 2010 Protocol, shall have effect\nfor administrative assistance related to taxable periods beginning on or after 1 January of\nthe year following the one in which the Convention, as amended by the 2010 Protocol,\nentered into force in respect of a Party, or where there is no taxable period, for\nadministrative assistance related to charges to tax arising on or after 1 January of the year\nfollowing the one in which the Convention, as amended by the 2010 Protocol, entered into\nforce in respect of a Party. Any two or more Parties may mutually agree that the\nConvention, as amended by the 2010 Protocol, shall have effect for administrative\nassistance related to earlier taxable periods or charges to tax.\n7\nNotwithstanding paragraph 6, for tax matters involving intentional conduct which is\nliable to prosecution under the criminal laws of the applicant Party, the provisions of this\nConvention, as amended by the 2010 Protocol, shall have effect from the date of entry into\nforce in respect of a Party in relation to earlier taxable periods or charges to tax.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 277\n\nARTICLE 29\nTerritorial application of the Convention\n1\nEach State may, at the time of signature, or when depositing its instrument of\nratification, acceptance or approval, specify the territory or territories to which this\nConvention shall apply.\n2\nAny State may, at any later date, by a declaration addressed to one of the Depositaries,\nextend the application of this Convention to any other territory specified in the declaration.\nIn respect of such territory the Convention shall enter into force on the first day of the\nmonth following the expiration of a period of three months after the date of receipt of such\ndeclaration by the Depositary.\n3\nAny declaration made under either of the two preceding paragraphs may, in respect\nof any territory specified in such declaration, be withdrawn by a notification addressed to\none of the Depositaries. The withdrawal shall become effective on the first day of the month\nfollowing the expiration of a period of three months after the date of receipt of such\nnotification by the Depositary.\nARTICLE 30\nReservations\n1\nAny State may, at the time of signature or when depositing its instrument of\nratification, acceptance or approval or at any later date, declare that it reserves the right:\na\nnot to provide any form of assistance in relation to the taxes of other Parties\nin any of the categories listed in sub-paragraph b. of paragraph 1 of Article\n2, provided that it has not included any domestic tax in that category under\nAnnex A of the Convention;\nb\nnot to provide assistance in the recovery of any tax claim, or in the\nrecovery of an administrative fine, for all taxes or only for taxes in one or\nmore of the categories listed in paragraph 1 of Article 2;\nc\nnot to provide assistance in respect of any tax claim, which is in existence\nat the date of entry into force of the Convention in respect of that State or,\nwhere a reservation has previously been made under sub-paragraph a. or\nb. above, at the date of withdrawal of such a reservation in relation to taxes\nin the category in question;\nd\nnot to provide assistance in the service of documents for all taxes or only\nfor taxes in one or more of the categories listed in paragraph 1 of Article\n2;\ne\nnot to permit the service of documents through the post as provided for in\nparagraph 3 of Article 17;\nf\nto apply paragraph 7 of Article 28 exclusively for administrative assistance\nrelated to taxable periods beginning on or after 1 January of the third year\npreceding the one in which the Convention, as amended by the 2010\nProtocol, entered into force in respect of a Party, or where there is no\ntaxable period, for administrative assistance related to charges to tax\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 278\nRevised as at 31st December, 2020\nc\n\narising on or after 1 January of the third year preceding the one in which\nthe Convention, as amended by the 2010 Protocol, entered into force in\nrespect of a Party.\n2\nNo other reservation may be made.\n3\nAfter the entry into force of the Convention in respect of a Party, that Party may make\none or more of the reservations listed in paragraph 1 which it did not make at the time of\nratification, acceptance or approval. Such reservations shall enter into force on the first day\nof the month following the expiration of a period of three months after the date of receipt\nof the reservation by one of the Depositaries.\n4\nAny Party which has made a reservation under paragraphs 1 and 3 may wholly or\npartly withdraw it by means of a notification addressed to one of the Depositaries. The\nwithdrawal shall take effect on the date of receipt of such notification by the Depositary in\nquestion.\n5\nA Party which has made a reservation in respect of a provision of this Convention\nmay not require the application of that provision by any other Party; it may, however, if its\nreservation is partial, require the application of that provision insofar as it has itself\naccepted it.\nARTICLE 31\nDenunciation\n1\nAny Party may, at any time, denounce this Convention by means of a notification\naddressed to one of the Depositaries.\n2\nSuch denunciation shall become effective on the first day of the month following the\nexpiration of a period of three months after the date of receipt of the notification by the\nDepositary.\n3\nAny Party which denounces the Convention shall remain bound by the provisions of\nArticle 22 for as long as it retains in its possession any documents or information obtained\nunder the Convention.\nARTICLE 32\nDepositaries and their functions\n1\nThe Depositary with whom an act, notification or communication has been\naccomplished, shall notify the member States of the Council of Europe and the member\ncountries of OECD and any Party to this Convention of:\na\nany signature;\nb\nthe deposit of any instrument of ratification, acceptance or approval;\nc\nany date of entry into force of this Convention in accordance with the\nprovisions of Articles 28 and 29;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 279\n\nd\nany declaration made in pursuance of the provisions of paragraph 3 of\nArticle 4 or paragraph 3 of Article 9 and the withdrawal of any such\ndeclaration;\ne\nany reservation made in pursuance of the provisions of Article 30 and the\nwithdrawal of any reservation effected in pursuance of the provisions of\nparagraph 4 of Article 30;\nf\nany notification received in pursuance of the provisions of paragraph 3 or\n4 of Article 2, paragraph 3 of Article 3, Article 29 or paragraph 1 of Article\n31;\ng\nany other act, notification or communication relating to this Convention.\n2\nThe Depositary receiving a communication or making a notification in pursuance of\nthe provisions of paragraph 1 shall inform immediately the other Depositary thereof.\nIn witness whereof the undersigned, being duly authorised thereto, have signed the\nConvention.\nEstablished by the Depositaries the 1st day of June 2011 pursuant to Article X.4 of the\nProtocol amending the Convention on Mutual Administrative Assistance in Tax Matters,\nin English and French, both texts being equally authentic, in two copies of which one shall\nbe deposited in the archives of each Depositary. The Depositaries shall transmit a certified\ncopy to each Party to the Convention as amended by the Protocol and to each State entitled\nto become a party.\nPART 2\nNOTIFICATION OF TERRITORIAL EXTENSION\nState :\nUnited Kingdom.\nInstrument :\nConvention on Mutual Administrative Assistance in\nTax Matters, opened for signature in Strasbourg, on\n25 January 1988 (ETS No. 127), as amended by the\n2010 Protocol (CETS No. 208).\nDate of entry into force\nof the instrument :\n1 June 2011.\n Date of entry into force\n in respect of the\nUnited Kingdom:\n1 October 2011.\nDeclaration of acceptance for the\nCayman Islands :\nSTE n\u00b0 127 Res.\/Decl. United Kingdom.\n(see Annex)\nDate of effect of acceptance\nfor the Cayman Islands :\n1 January 2014.\nNotification made in accordance with Article 32 of the Convention.\nCopy to all member States\n+ Australia, Canada, Chile, Israel, Japan,\nKorea,\nMexico, New Zealand, United\nStates of America and OECD.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 280\nRevised as at 31st December, 2020\nc\n\nCONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX\nMATTERS\nopened for signature, in Strasbourg, on 25 January 1988\nas amended by the 2010 Protocol (CETS No. 208)\nReservations and Declarations\nUNITED KINGDOM\nDeclaration of territorial extension\ncontained in a letter from\n\nthe Secretary of State for\n\nForeign and Commonwealth\n\nAffairs of the United\n\nKingdom, dated 9 September\n\n2013, registered at the\n\nSecretariat General on 25\n\nSeptember 2013 - Or. Engl.\nThe Government of the United Kingdom of Great Britain and Northern Ireland declares\nthat the United Kingdom\u2019s ratification of the Convention as amended by its Protocol shall\nbe extended to the territory of the Cayman Islands, for whose international relations the\nUnited Kingdom is responsible.\nPursuant to Article 30, paragraph 1.a, of the Convention, the Government of the\nCayman Islands will not provide any form of assistance in relation to the taxes of other\nParties described in Article 2, paragraph 1.b(i), (ii) or (iv), of the Convention (taxes\nimposed by or on behalf of political subdivisions or local authorities and social security\ncontributions).\nPursuant to Article 30, paragraph 1(b), of the Convention, the Government of the\nCayman Islands will not provide assistance in the recovery of any tax claim, or in the\nrecovery of an administrative fine, for all taxes.\nAnnex A - Taxes to which the Convention applies\nFor the Cayman Islands, the Convention shall apply to those taxes in Article 2, paragraph 1,\nwhich fall within:\na)\nany of paragraphs (i) to (iii) of sub-paragraph (a); or\nb)\nparagraph (iii) of sub-paragraph (b).\nAnnex B - Competent authorities\nThe competent authority for the Cayman Islands shall be the Tax Information Authority\nor its authorised representative.\nAnnex C - Definition of the word \"national\" for the purpose of the Convention\nIn relation to the Cayman Islands, the term \u201cnational\u201d means any person who possesses\nCaymanian status under the repealed Immigration Law (2003 Revision) or any earlier\nlaw providing for the same or similar rights, and includes any person who acquires\nthe status under Part III of the Immigration Law (2012 Revision).\u201d.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 281\n\nAdditional Tax Information Agreements - Brazil, Malta and Poland\n4.\nFor the purpose of setting out and giving effect to additional agreements for the\nprovision of information in taxation matters, the principal Law is amended by inserting\nafter Schedule 31 the following schedules \u2014\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 282\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 32\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE FEDERATIVE REPUBLIC\nOF BRAZIL CONCERNING EXCHANGE OF INFORMATION ON TAX\nMATTERS\nThe Government of the Cayman Islands and the Government of the Federative Republic\nof Brazil, desiring to conclude an Agreement concerning exchange of information on tax\nmatters, have agreed as follows:\nARTICLE 1\nObject and scope of the agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes with respect to persons subject to\nsuch taxes, the recovery and enforcement of tax claims, or the investigation or prosecution\nof tax matters, including criminal tax matters, in relation to such persons. Information shall\nbe exchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction. Information shall be provided by a requested Party without regard to whether\nthe person to whom the information relates is, or whether the information is held by, a\nresident or national of a Party.\nARTICLE 3\nTaxes covered\n1.\nThe taxes which are the subject of this Agreement are:\na)\nin Brazil:\n(i)\nthe federal income tax;\nb)\nin the Cayman Islands:\n(i)\nany tax imposed by the Cayman Islands which is substantially similar\nto existing taxes of Brazil to which this agreement applies.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 283\n\n2.\nThis Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\na)\nthe term \u201cContracting Party\u201d means the Cayman Islands or Brazil as the\ncontext requires;\nb)\nthe term \"the Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nc)\nthe term \"Brazil\" means the Federative Republic of Brazil;\nd)\nthe term \"competent authority\" means:\n(i)\nin the Cayman Islands, the Tax Information Authority or a person or\nauthority designated by it;\n(ii) in Brazil, the Minister of Finance, the Secretary of the Federal\nRevenue or their authorized representatives;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nor group of persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201d means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 284\nRevised as at 31st December, 2020\nc\n\nredeemed \u201cby the public\u201d if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct, whether before or after the entry into force of this Agreement,\nwhich is liable to prosecution under the criminal laws of the applicant\nParty;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes.\nr)\nthe term \u201cnational\u201d means:\n(i)\nin the case of Brazil, any individual possessing the Brazilian\nnationality and any legal entity or any other collective entity deriving\nits status as such from the laws in force in Brazil;\n(ii) in the case of the Cayman Islands, any individual who possesses\nCaymanian status or who is a British Overseas Territory Citizen by\nvirtue of a connection with the Cayman Islands and any company,\npartnership, trust, estate, association or any other entity deriving its\nstatus as such from the laws in force in the Cayman Islands.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 285\n\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 and in accordance with Article 2 of the Agreement, have the authority\nto obtain and provide upon request:\na)\ninformation held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity, including nominees and trustees;\nb)\ninformation regarding the legal and beneficial ownership of companies,\npartnerships, trusts, foundations, and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain as well as, in the case of collective investment schemes\nor funds, information on shares, units and other interests; in the case of\ntrusts, information on settlors, trustees and beneficiaries; and in the case\nof foundations, information on founders, members of the foundation\ncouncil and beneficiaries. Further, this Agreement does not create an\nobligation on the Contracting Parties to obtain or provide ownership\ninformation with respect to publicly traded companies or public collective\ninvestment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a written\nrequest for information under the Agreement to demonstrate the foreseeable relevance of\nthe information to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party as well as the period for which the information is\nrequested;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\ne)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 286\nRevised as at 31st December, 2020\nc\n\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\ng)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nconfirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request.\nb)\nif the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nUpon reasonable written notice given in advance, a Contracting Party may, to the\nextent permitted under its laws, allow representatives of the competent authority of the\nother Contracting Party to enter the territory of the first-mentioned Party to interview\nindividuals and examine records with the prior written consent of the persons concerned.\nThe competent authority of the second-mentioned Party shall notify the competent\nauthority of the first-mentioned Party of the time and place of the intended meeting with\nthe individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may, to the extent permitted under its laws, allow\nrepresentatives of the competent authority of the first-mentioned Party to be present at the\nappropriate part of a tax examination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 287\n\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice or\nb)\nproduced for the purposes of use in existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (\u201cordre public\u201d).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes imposed by a Contracting Party. Such\npersons or authorities shall use such information only for such purposes. They may disclose\nthe information in public court proceedings or in judicial decisions. The information may\nnot be disclosed to any other person or entity or authority or any other jurisdiction without\nthe prior express written consent of the competent authority of the requested Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 288\nRevised as at 31st December, 2020\nc\n\nARTICLE 9\nCosts\nOrdinary costs (such as ordinary administrative and overhead expenses) incurred in\nproviding assistance shall be borne by the requested Party, and direct extraordinary costs\nincurred in providing assistance shall be borne by the requesting Party. If the direct\nextraordinary costs of providing information with respect to a specific request are expected\nto be significant the competent authority of the requested Party shall consult with the\ncompetent authority of the applicant Party.\nARTICLE 10\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of this Agreement, the respective competent authorities shall endeavour\nto resolve the matter by mutual agreement.\n2.\nIn addition to the agreement referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5,\n6 and 9.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 11\nEntry into Force\n1.\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for the entry into force of this Agreement.\n2.\nThe Agreement shall enter into force on the thirtieth day after the receipt of the later\nof these notifications and shall thereupon have effect for criminal tax matters as well as for\nall other matters covered in Article 1 on the date of entry into force, for taxable periods\nbeginning on or after that date or, where there is no taxable period, for all charges to tax\narising on or after that date.\nARTICLE 12\nTermination\n1.\nThis Agreement shall remain in force until terminated by a Party. Either Party may\nafter one year from the date of its entry into force terminate the Agreement by giving\nwritten notice of termination to the other Party. In such case, the Agreement shall cease to\nhave effect on the first day of the month following the end of the period of six months after\nthe date of receipt of notice of termination by the other Party.\n2.\nIn the event of termination, both Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under the Agreement. All requests\nreceived up to the effective date of termination shall be dealt with in accordance with the\nterms of this Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 289\n\nIn witness whereof the undersigned, being duly authorised thereto, have signed the\nAgreement.\nDone at Brasilia, Brazil, in duplicate, this 19th day of March 2013, in the English and the\nPortuguese languages, both texts being equally authentic.\nFOR THE GOVERNMENT OF THE\nCAYMAN ISLANDS:\nFOR THE GOVERNMENT OF THE\nFEDERATIVE\nREPUBLIC\nOF\nBRAZIL:\nR. ANGLIN\nC.A.F. BARRETO\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 290\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 33\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF\nMALTA FOR THE EXCHANGE OF INFORMATION RELATING TO\nTAX MATTERS\nThe Government of the Cayman Islands and the Government of the Republic of Malta\ndesiring to facilitate the exchange of information with respect to taxes have agreed as\nfollows:\nARTICLE 1\nObject and Scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and\nenforcement of the domestic laws of the Contracting Parties concerning taxes covered\nby this Agreement. Such information shall include information that is foreseeably\nrelevant to the determination, assessment and collection of such taxes, the recovery and\nenforcement of tax claims, or the investigation or prosecution of tax matters.\nInformation shall be exchanged in accordance with the provisions of this Agreement\nand shall be treated as confidential in the manner provided in Article 8. The rights\nand safeguards secured to persons by the laws or administrative practice of the requested\nParty remain applicable to the extent that they do not unduly prevent or delay effective\nexchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\n1.\nThis Agreement shall apply to taxes of every kind and description in the Contracting\nParties.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes. This\nAgreement shall also apply to any substantially similar taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes if the\ncompetent authorities Parties so agree. Furthermore, the taxes covered may be expanded\nor modified by mutual agreement of the Contracting Parties in the form of an exchange\nof letters. The competent authorities of the Contracting Parties shall notify each other\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 291\n\nof any substantial changes to the taxation and related information gathering measures\ncovered by the Agreement.\nARTICLE 4\nDefinitions\n1.\nFor the purposes of this Agreement, unless otherwise defined:\n(a) the term \"the Cayman Islands\" means the territory of the  Cayman\nIslands and includes the territorial sea, areas within the maritime\nboundaries of the Cayman Islands and any area within which in\naccordance with international law the rights of the Cayman Islands\nwith respect to the seabed and sub-soil and their natural resources may\nbe exercised;\n(b) the term \"Malta\" means the Republic of Malta and, when used in a\ngeographical sense, Island of Malta, the Island of Gozo and the other\nislands of the Maltese archipelago including the territorial waters thereof,\nas well as any area of the sea-bed, its sub-soil and the superjacent water\ncolumn adjacent to the territorial waters, wherein Malta exercises\nsovereign rights, jurisdiction, or control in accordance with international\nlaw and its national law, including its legislation relating to the exploration\nof the continental shelf and exploitation of its natural resources;\n(c) the term \"applicant Party\" means the Contracting Party requesting\ninformation;\n(d) the term \"company\" means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n(e) the term \"competent authority\" means:\n(i)\nin the case of the Cayman Islands: the Tax Information Authority or\na person or its authorized representative\n(ii) in the case of Malta: the Minister responsible for finance or that\nperson\u2019s authorised representative;\n(f)\nthe term \"Contracting Party\" means the Cayman Islands or Malta as the\ncontext requires;\n(g) the term \"criminal laws\" means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes;\n(h) the term \"criminal tax matters\" means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party;\n(i)\nthe term \"information gathering measures\" means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe information requested;\n(j)\nthe term \"information\" means any fact, statement or record in any form\nwhatever;\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 292\nRevised as at 31st December, 2020\nc\n\n(k) the term \"person\" includes an individual, a company and any other body\nof persons;\n(l)\nthe term \"principal class of shares\" means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\n(m) the term \"publicly traded company\" means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \"by the public\" if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\n(n) the term \"collective investment fund or scheme\" means any pooled\ninvestment vehicle, irrespective of legal form. The term \"public collective\ninvestment fund or scheme\" means any collective investment fund or\nscheme provided the units, shares or other interests in the fund or scheme\ncan be readily purchased, sold or redeemed by the public. Units, shares or\nother interests in the fund or scheme can be readily purchased, sold or\nredeemed \"by the public\" if the purchase, sale or redemption is not\nimplicitly or explicitly restricted to a limited group of investors;\n(o) the term \"recognised stock exchange\" means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\n(p) the term \"requested Party\" means the Contracting Party requested to\nprovide information;\n(q) the term \"tax\" means any tax to which this Agreement applies.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be exchanged\nwithout regard to whether the conduct being investigated would constitute a crime under\nthe laws of the requested Party if such conduct occurred in the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the applicant Party with the\ninformation requested, notwithstanding that the requested Party may not need such\ninformation for its own tax purposes.\n3.\nIf specifically requested by the competent authority of the applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 293\n\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\n(a) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and trustees;\n(b) information regarding the ownership of companies, partnerships, trusts,\nfoundations, \"Anstalten\" and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request for\ninformation under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\n(a) the identity of the person under examination or investigation;\n(b) a statement of the information sought including its nature and the form in\nwhich the applicant Party wishes to receive the information from the\nrequested Party;\n(c) the tax purpose for which the information is sought;\n(d) grounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\n(e) to the extent known, the name and address of any person believed to be in\npossession of the requested information;\n(f)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\n(g) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 294\nRevised as at 31st December, 2020\nc\n\n(a) confirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt of\nthe request;\n(b) if the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview individuals\nand examine records with the written consent of the persons concerned. The competent\nauthority of the second-mentioned Party shall notify the competent authority of the first-\nmentioned Party of the time and place of the meeting with the individuals concerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to be present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about the time and place of the examination, the\nauthority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity with this\nAgreement.\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business, industrial,\ncommercial or professional secret or trade process. Notwithstanding the foregoing,\ninformation of the type referred to in Article 5, paragraph 4 shall not be treated as such a\nsecret or trade process merely because it meets the criteria in that paragraph.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 295\n\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\n(a) produced for the purposes of seeking or providing legal advice; or\n(b) produced for the purposes of use m existing or contemplated legal\nproceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy (ordre public).\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational of the requested Party as compared with a national of the applicant Party in the\nsame circumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated\nas confidential and may be disclosed only to persons or authorities (including courts\nand administrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes covered by this Agreement. Such persons\nor authorities shall use such information only for such purposes. They may disclose the\ninformation in public court proceedings or in judicial decisions. The information may not\nbe disclosed to any other person or entity or authority or any other jurisdiction without\nthe express written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nIncidence of costs incurred in providing assistance shall be agreed by the Contracting\nParties.\nARTICLE 10\nImplementation of Legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and give\neffect to, the terms of the Agreement.\nARTICLE 11\nMutual Agreement Procedure\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 296\nRevised as at 31st December, 2020\nc\n\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of the Agreement, the competent authorities shall\nendeavour to resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5\nand 6.\nARTICLE 12\nEntry into Force\nThis Agreement shall enter into force when each Party has notified the other in writing of\nthe completion of its necessary internal procedures for entry into force. Upon entry into\nforce, it shall have effect:\n(a) for criminal tax matters, as from that date; and\n(b) for all other matters covered in Article 1, as from that date, but only in\nrespect of taxable periods beginning on or after the first day of January\nimmediately following the date of entry into force or, where there is no\ntaxable period, all charges to tax arising on or after that date.\nARTICLE 13\nTermination\n1.\nThis Agreement shall remain in force until terminated by either Party.\n2.\nEither Party may terminate this Agreement by giving notice of termination in writing,\nthrough diplomatic channels, to the other Party. Such termination shall become effective\non the first day of the month following the expiration of a period of six months after the\ndate of receipt of notice of termination by the other Party.\n3.\nIf the Agreement is terminated the Parties shall remain bound by the provisions of\nArticle 8 with respect to any information obtained under this Agreement.\nIN WITNESS WHEREOF the undersigned being duly authorised in that behalf by the\nrespective Parties, have signed the Agreement.\nDONE in duplicate, this twenty-fifth day of November, 2013.\nFOR THE GOVERNMENT OF\nTHE CAYMAN ISLANDS:\nFOR THE GOVERNMENT OF THE\nREPUBLIC OF MALTA:\nWAYNE PANTON\nEDWARD SCICLUNA.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 297\n\nSCHEDULE 34\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE\nREPUBLIC OF POLAND FOR THE EXCHANGE OF INFORMATION\nRELATING TO TAX MATTERS\nWhereas the Cayman Islands and the Republic of Poland recognise that present legislation\nalready provides for cooperation and the exchange of information on tax matters;\nWhereas the Contracting Parties have long been active in international efforts in the fight\nagainst financial and other crimes, including the targeting of terrorist financing;\nWhereas it is acknowledged that the Cayman Islands under the terms of its Entrustment\nfrom the United Kingdom of Great Britain and Northern Ireland has the right to negotiate,\nconclude, perform and subject to the terms of this Agreement terminate a tax information\nexchange agreement with the Republic of Poland;\nWhereas the Contracting Parties wish to enhance and facilitate the terms and conditions\ngoverning the exchange of information with respect to taxes;\nNow, therefore, the Contracting Parties have agreed to conclude the following Agreement,\nwhich contains obligations on the part of the Cayman Islands and the Republic of Poland\nonly.\nARTICLE 1\nObject and Scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement, including information that is foreseeably relevant to the determination,\nassessment and collection of tax with respect to persons subject to such taxes, the recovery\nand enforcement of tax claims, or the investigation of tax matters or prosecution of criminal\ntax matters in relation to such persons. Information shall be exchanged in accordance with\nthe provisions of this Agreement and shall be treated as confidential in the manner provided\nin Article 8. The rights and safeguards secured to persons by the laws or administrative\npractice of the requested Party remain applicable to the extent that they do not unduly\nprevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 298\nRevised as at 31st December, 2020\nc\n\nARTICLE 3\nTaxes Covered\n1.\nThis Agreement shall apply to the following taxes imposed by the Contracting Parties:\na)\nin the case of the Cayman Islands:\ni)taxes of every kind and description.\nb)\nin the case of Poland:\ni)the personal income tax;\nii)the corporate income tax;\n2.\nThis Agreement shall apply also to any identical or substantially similar taxes\nimposed after the date of signature of the Agreement in addition to, or in place of, the\nexisting taxes. The competent authorities of the Contracting Parties shall notify each other\nof any substantial changes in their laws which may affect the obligations of that\nContracting Party pursuant to this Agreement.\nARTICLE 4\nDefinitions\n1.\nIn this Agreement:\na)\nthe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with\ninternational law the rights of the Cayman Islands with respect to the\nseabed and sub-soil and their natural resources may be exercised;\nb)\nthe term \"Poland\" means the Republic of Poland and, when used in a\ngeographical sense, means the territory of the Republic of Poland, and any\narea adjacent to the territorial waters of the Republic of Poland within\nwhich, under the laws of Poland and in accordance with international law,\nthe rights of Poland with respect to the exploration and exploitation of the\nnatural resources of the seabed and its sub-soil may be exercised;\nc)\nthe term \u201cContracting Party\u201d means the Cayman Islands or Poland, as the\ncontext requires;\nd)\nthe term \u201ccompetent authority\u201d means:\ni)\nin the case of the Cayman Islands, the Tax Information Authority or\na person or authority designated by it;\nii)\nin the case of Poland, the Minister of Finance or that person\u2019s\nauthorised representative.\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 299\n\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognized stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201d if the purchase or sale of shares is not\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognized stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201cpublic collective investment fund or scheme\u201d means any\ncollective investment fund or scheme provided the units, shares or other\ninterests in the fund or  scheme can be readily purchased, sold or redeemed\nby the public. Units, shares or other interests in the fund or scheme can be\nreadily purchased, sold or redeemed \u201cby the public\u201d if the purchase, sale\nor redemption is not implicitly or explicitly restricted to a limited group of\ninvestors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm) the term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party and includes all cases where a person has been notified that\nproceedings concerning those matters have been initiated against that\nperson;\nr)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether such are contained in the tax laws,\nthe criminal code or other statutes.\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable tax laws\nof that Party prevailing over a meaning given to the term under other laws of that Party.\nARTICLE 5\nExchange of Information Upon Request\n1.\nThe competent authority of the requested Party shall provide upon request by the\ncompetent authority of the applicant Party information for the purposes referred to in\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 300\nRevised as at 31st December, 2020\nc\n\nArticle 1. Such information shall be exchanged without regard to whether the requested\nParty needs such information for its own tax purposes or the conduct being investigated\nwould constitute a crime under the laws of the requested Party if it had occurred in the\nterritory of the requested Party.\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party shall use\nall relevant information gathering measures to provide the competent authority of the\napplicant Party with the information requested, notwithstanding that the requested Party\nmay not need such information for its own tax purposes.\n3\nIf specifically requested by the competent authority of the applicant Party, the\ncompetent authority of the requested Party shall provide information under this Article, to\nthe extent allowable under its domestic laws, in the form of depositions of witnesses and\nauthenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na)\ninformation held by banks, other financial institutions, and any person,\nincluding nominees and trustees, acting in an agency or fiduciary capacity;\nb)\ninformation regarding the legal and beneficial ownership of companies,\npartnerships, trusts, foundations and other persons, including, within the\nconstraints of Article 2, ownership information on all such persons in an\nownership chain, in particular:\ni)\nin the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on\nfounders, members of the foundation council and beneficiaries;\nProvided that this Agreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded companies or\npublic collective investment funds or schemes unless such information can be obtained\nwithout giving rise to disproportionate difficulties.\n5.\nAny request for information shall be formulated with the greatest possible detail and\nshall specify in writing:\na)\nthe identity of the person under examination or investigation;\nb)\nthe period for which the information is requested;\nc)\nthe nature of the information requested;\nd)\nthe tax purpose for which the information is sought;\ne)\ngrounds for believing that the information requested is held in the\nrequested Party or is in the possession or control of a person within the\njurisdiction of the requested Party;\nf)\nto the extent known, the name and address of any person believed to be in\npossession of the requested information;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 301\n\ng)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof administrative practice and that it is in conformity with this Agreement;\nh)\na statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt response,\nthe competent authority of the requested Party shall:\na)\nconfirm receipt of the request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of any deficiencies in the request within 60 days of receipt of the\nrequest, and\nb)\nif the competent authority of the requested Party has been unable to obtain\nand provide the information within 90 days of receipt of the request,\nincluding if it encounters obstacles in furnishing the information or it\nrefuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1.\nWith reasonable notice the applicant Party may request that the requested Party allow\nrepresentatives of the competent authority of the applicant Party to enter the territory of the\nrequested Party, to interview individuals and examine records, to the extent permitted\nunder its domestic laws. The competent authority of the applicant Party shall notify the\ncompetent authority of the requested Party of the time and place of the meeting with the\nindividuals concerned.\n2.\nAt the request of the competent authority of the applicant Party, the competent\nauthority of the requested Party may allow representatives of the competent authority of\nthe applicant Party to attend a tax examination in the territory of the requested Party.\n3.\nIf the request referred to in paragraph 2 is granted, the competent authority of the\nrequested Party conducting the examination shall, as soon as possible, notify the competent\nauthority of the applicant Party of the time and place of the examination, the authority or\nperson authorized to carry out the examination and the procedures and conditions required\nby the requested Party for the conduct of the examination. All decisions regarding the\nconduct of the tax examination shall be made by the requested Party conducting the\nexamination.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 302\nRevised as at 31st December, 2020\nc\n\nARTICLE 7\nPossibility of Declining a Request\n1.\nThe competent authority of the requested Party may decline to assist, where:\na)\nthe request is not made in conformity with this Agreement;\nb)\nthe applicant Party has not pursued all means available in its own territory\nto obtain the information, except where recourse to such means would give\nrise to disproportionate difficulty;\nc)\nthe disclosure of the information requested would be contrary to public\npolicy (ordre public).\n2.\nThis Agreement shall not impose on a requested Party any obligation to provide items\nsubject to legal privilege, or information which would disclose any trade, business,\nindustrial, commercial or professional secret or trade process, provided that information\ndescribed in  Article 5 (4) shall not by reason of that fact alone be treated as such a secret\nor trade process.\n3.\nIn no case shall the provisions of this Agreement be construed so as to impose on a\nContracting Party the obligation to supply information which is not obtainable under the\nlaws or in the normal course of the administration of that or the other Contracting Party.\n4.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n5.\nThe requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax law of the\napplicant Party, or any requirement connected therewith, which discriminates against a\nnational or citizen of the requested Party as compared with a national or citizen of the\napplicant Party in the same circumstances.\nARTICLE 8\nConfidentiality\n1.\nAny information provided and received by the competent authorities of the\nContracting Parties shall be kept confidential.\n2.\nInformation shall be disclosed only to persons or authorities (including courts and\nadministrative bodies) concerned with the purposes specified in the Article 1, and used by\nsuch persons or authorities only for such purposes, the determination of any appeal. For\nthese purposes, information may be disclosed in public court proceedings or in judicial\ndecisions.\n3.\nInformation may not be used for any purpose other than for the purposes stated in\nArticle 1 without the express written consent of the competent authority of the requested\nParty.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 303\n\n4.\nThe information provided to an applicant Party under this Agreement may not be\ndisclosed to any other jurisdiction.\nARTICLE 9\nCosts\nUnless the competent authorities of the Parties otherwise agree, ordinary costs incurred in\nproviding assistance shall be borne by the requested Party. The respective competent\nauthorities shall consult periodically with regard to this Article, and in particular the\ncompetent authority of the requested Party shall consult with the competent authority of\nthe applicant Party if the costs of providing information with respect to a specific request\nare expected to be significant.\nARTICLE 10\nLanguage\nRequests for assistance, the responses thereto and any other written communication\nbetween the competent authorities shall be drawn up in English. As regards other\ndocuments or files to be provided, the competent authorities shall consult whether and to\nwhat extent translation into the English language is indeed required.\nARTICLE 11\nMutual Agreement Procedure\n1.\nWhere difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of the Agreement, the respective competent authorities\nshall use their best efforts to resolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under Articles 5,\n6, and 9.\n3.\nThe Contracting Parties shall endeavour to agree on other forms of dispute resolution\nshould this become necessary.\nARTICLE 12\nEntry into Force\n1.\nThe Contracting Parties shall notify each other in writing of the completion of\nprocedures required by the respective laws for the entry into force of this Agreement.\n2.\nThis Agreement shall enter into force on the date of the later of the notifications\nreferred to in paragraph 1 of this Article and shall thereupon have effect forthwith.\nARTICLE 13\nTermination\n1.\nThis Agreement is concluded for unspecified time. It may be terminated by the\nnotification by either Contracting Party; in such a case it shall cease to be in force after\nthree months from after the date of receipt of the notification by the other Contracting\nParty.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 304\nRevised as at 31st December, 2020\nc\n\n2.\nAll requests received by the Contracting Parties up to effective day of termination\nwill be dealt in accordance with the terms of this Agreement.\n3.\nIf the Agreement is terminated the Contracting Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under the Agreement.\nIn witness whereof the undersigned, duly authorised thereto by their respective\nGovernments, have signed the Agreement.\nDone in duplicate at London this twenty-ninth day of November, 2013, in the English and\nPolish languages, both texts being equally authentic.\nFOR THE GOVERNMENT OF\nTHE CAYMAN ISLANDS:\nFOR\nTHE\nGOVERNMENT\nOF\nPOLAND:\nWAYNE PANTON\nWITOLD SOBKOW\u201d.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 305\n\nSCHEDULE 35\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE REPUBLIC OF\nSEYCHELLES CONCERNING EXCHANGE OF INFORMATION\nRELATING TO TAXES\nThe Government of the Cayman Islands and the Government of the Republic of Seychelles,\ndesiring to facilitate the exchange of information with respect to certain taxes, have agreed\nas follows:\nARTICLE 1\nObject and Scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable.\nThe requested Party shall use its best endeavours to ensure that any such rights and\nsafeguards are not applied in a manner that unduly prevents or delays effective exchange\nof information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes Covered\n1. This Agreement applies to existing taxes of every kind and description imposed\nby either Contracting Party.\n2. This Agreement shall also apply to any identical or substantially similar taxes\nimposed after the date of signature of this Agreement in addition to, or in place\nof, the existing taxes. The competent authorities of the Contracting Parties shall\nnotify each other of any substantial changes to the taxation and related\ninformation gathering measures covered by this Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 306\nRevised as at 31st December, 2020\nc\n\nARTICLE 4\nDefinitions\n1. For the purposes of this Agreement, unless otherwise defined:\n\n a)\nthe term \u201cContracting Party\u201d means the Cayman Islands or\n\nSeychelles as the context requires;\nb) the term \"the Cayman Islands\u201d means the territory of the\n\n Cayman Islands and includes the territorial sea, areas within the\n maritime boundaries of the Cayman Islands and any area within\n which in accordance with international law the rights of the\n\n Cayman Islands with respect to the seabed and sub-soil and their natural\nresources may be exercised;\na.\nthe term \u201cSeychelles\u201d means the territory of the Republic of Seychelles\nincluding its exclusive economic zone and continental shelf where\nSeychelles exercises sovereign rights and jurisdiction in conformity with\nthe provisions of the United Nations Convention on the Law of the Sea;\nb. the term \u201cContracting Party\u201d means the Cayman Islands or Seychelles as\nthe context requires;\nc.\nthe term \u201ccompetent authority\u201d means\n(i) in the case of Cayman Islands, the Tax Information Authority or a\nperson or authority designated by it;\n(ii) in the case of Seychelles, the Minister responsible for Finance or\nthat person\u2019s authorised representative;\nd. the term \u201cperson\u201d includes an individual, a company and any other body\nof persons;\ne.\nthe term \u201ccompany\u201d means any body corporate or any entity that is\ntreated as a body corporate for tax purposes;\nf.\nthe term \u201cpublicly traded company\u201d means any company whose\nprincipal class of shares is listed on a recognised stock exchange\nprovided its listed shares can be readily purchased or sold by the public.\nShares can be purchased or sold \u201cby the public\u201d if the purchase\nor\nsale of shares is not implicitly or explicitly restricted to a limited group\nof investors;\ng. the term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a\nmajority of the voting power and value of the\ncompany;\nh. the term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\ni.\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic\ncollective investment fund or scheme\u201d means any collective investment\nfund or scheme provided the units, shares or other interests in the fund\nor scheme can be readily purchased, sold or redeemed by the public.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 307\n\nUnits, shares or other interests in the fund or scheme can be readily\npurchased, sold or redeemed \u201cby the public\u201d if the purchase, sale or\nredemption is not implicitly or explicitly restricted to a limited group of\ninvestors;\nj.\nthe term \u201ctax\u201d means any tax to which this Agreement applies;\nk. the term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nl.\nthe term \u201crequested Party\u201d means the Contracting Party requested to\nprovide information;\nm. the term \u201cinformation gathering measures\u201d means laws and\nadministrative or judicial procedures that enable a Contracting Party to\nobtain and provide the requested information;\nn. the term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\no. the term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant Party;\np. the term \u201ccriminal laws\u201d means all criminal laws designated as such\nunder domestic law irrespective of whether contained in the tax laws, the\ncriminal code or other statutes;\n2.\nAs regards the application of this Agreement at any time by a Contracting Party, any\nterm not defined herein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Contracting Party, any meaning under the applicable\ntax laws of that Contracting Party prevailing over a meaning given to the term under other\nlaws of that Contracting Party.\nARTICLE 5\nExchange of Information Upon Request\n1. The competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be\nexchanged without regard to whether the conduct being investigated would\nconstitute a crime under the laws of the requested Party if such conduct occurred\nin the territory of the requested Party.\n2. If the information in the possession of the competent authority of the requested\nParty is not sufficient to enable it to comply with the request for information, that\nParty shall use all relevant information gathering measures to provide the\napplicant Party with the information requested, notwithstanding that the requested\nParty may not need such information for its own tax purposes.\n3. If specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this\nArticle, to the extent allowable under its domestic laws, in the form of depositions\nof witnesses and authenticated copies of original records.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 308\nRevised as at 31st December, 2020\nc\n\n4. Each Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of this Agreement, have the authority to obtain and provide,\nupon request:\na) information held by banks, other financial institutions, and any person\nacting in an agency or fiduciary capacity including nominees and\ntrustees;\nb) information regarding the ownership of companies, partnerships, trusts,\nfoundations and other persons, including, within the constraints of\nArticle 2, ownership information on all such persons in an ownership\nchain; in the case of trusts, information on settlors, trustees and\nbeneficiaries; and in the case of foundations, information on founders,\nmembers of the foundation council and beneficiaries. Further, this\nAgreement does not create an obligation on the Contracting Parties to\nobtain or provide ownership information with respect to publicly traded\ncompanies or public collective investment funds or schemes unless such\ninformation can be obtained without giving rise to disproportionate\ndifficulties.\n5. The competent authority of the applicant Party shall provide the following\ninformation in writing to the competent authority of the requested Party when\nmaking a request for information under the Agreement to demonstrate the\nforeseeable relevance of the information to the request:\na) the identity of the person under examination or investigation;\nb) a statement of the information sought including its nature and the form\nin which the applicant Party wishes to receive the information from the\nrequested Party;\nc) the tax purpose for which the information is sought;\nd) the grounds for believing that the information requested is held in the\nterritory of the requested Party or is in the possession or control of a\nperson within the jurisdiction of the requested Party;\ne) to the extent known, the name and address of any person believed to be\nin possession of the requested information;\nf)\na statement that the request is in conformity with the law and\nadministrative practices of the applicant Party, that if the requested\ninformation was within the jurisdiction of the applicant Party then the\ncompetent authority of the applicant Party would be able to obtain the\ninformation under the laws of the applicant Party or in the normal course\nof its administrative practice and that it is in conformity with this\nAgreement; and\ng) a statement that the applicant Party has pursued all means available in its\nown territory to obtain the information, except those that would give rise\nto disproportionate difficulties.\n6. The competent authority of the requested Party shall forward the requested\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 309\n\ninformation as promptly as possible to the applicant Party. To ensure a prompt\nresponse, the competent authority of the requested Party shall:\na) Confirm receipt of a request in writing to the competent authority of the\napplicant Party and shall notify the competent authority of the applicant\nParty of deficiencies in the request, if any, within 60 days of the receipt\nof the request.\nb) If the competent authority of the requested Party has been unable to\nobtain and provide the information within 90 days of receipt of the\nrequest, including if it encounters obstacles in furnishing the information\nor it refuses to furnish the information, it shall immediately inform the\napplicant Party, explaining the reason for its inability, the nature of the\nobstacles or the reasons for its refusal.\nARTICLE 6\nTax Examinations Abroad\n1. The requested Party may allow representatives of the competent authority of the\napplicant Party to enter the territory of the requested Party to interview individuals\nand examine records with the written consent of the persons concerned. The\ncompetent authority of the applicant Party shall notify the competent authority of\nthe requested Party of the time and place of the meeting with the individuals\nconcerned.\n2. At the request of the competent authority of the applicant Party, the competent\nauthority of the requested Party may allow representatives of the competent\nauthority of the applicant Party to be present at the appropriate part of a tax\nexamination in the territory of the requested Party.\n3. If the request referred to in paragraph 2 is acceded to, the competent authority of\nthe requested Party conducting the examination shall, as soon as possible, notify\nthe competent authority of the applicant Party about the time and place of the\nexamination, the authority or official designated to carry out the examination and\nthe procedures and conditions required by the requested Party for the conduct of\nthe examination. All decisions with respect to the conduct of the tax examination\nshall be made by the requested Party conducting the examination.\nARTICLE 7\nPossibility of Declining a Request\n1. The requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The Competent Authority of\nthe requested Party may decline to assist where the request is not made in\nconformity with this Agreement.\n2. The provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business,\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 310\nRevised as at 31st December, 2020\nc\n\nindustrial, commercial or professional secret or trade process. Notwithstanding\nthe foregoing, information of the type referred to in Article 5, paragraph 4 shall\nnot be treated as such a secret or trade process merely because it meets the criteria\nin that paragraph.\n3. The provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na) produced for the purposes of seeking or providing legal advice; or\nb) produced for the purposes of use in existing or contemplated legal\nproceedings.\n4. The requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5. A request for information shall not be refused on the ground that the tax claim\ngiving rise to the request is disputed.\n6. The requested Party may decline a request for information if the information is\nrequested by the applicant Party to administer or enforce a provision of the tax\nlaw of the applicant Party, or any requirement connected therewith, which\ndiscriminates against a national of the requested Party as compared with a national\nof the applicant Party in the same circumstances.\nARTICLE 8\nConfidentiality\n1. Any information received by a Contracting Party under this Agreement shall be\ntreated as confidential and may be disclosed only to persons or authorities\n(including courts and administrative bodies) in the jurisdiction of the Contracting\nParty concerned with the assessment or collection of, the enforcement or\nprosecution in respect of, or the determination of appeals in relation to, the taxes\ncovered by this Agreement. Such persons or authorities shall use such information\nonly for such purposes. They may disclose the information in public court\nproceedings or in judicial decisions. The information may not be disclosed to any\nother person or entity or authority or any other jurisdiction without the express\nwritten consent of the competent authority of the requested Party.\n2. Where information provided pursuant to this Agreement for a criminal tax\npurpose is to be used subsequently for a non-criminal tax purpose (and vice\nversa) the Competent Authority which supplied the information shall be notified\nof this change either before the change is made where this does not give rise to\ndisproportionate difficulties, or within a reasonable time of the change taking\neffect.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 311\n\nARTICLE 9\nCosts\n1. Each Contracting Party agrees to reimburse the other for all direct extraordinary\ncosts incurred in providing assistance pursuant to this Agreement.\nARTICLE 10\nImplementation Legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and\ngive effect to, the terms of this Agreement.\nARTICLE 11\nMutual Agreement Procedure\n1. Where difficulties or doubts arise between the Contracting Parties regarding the\nimplementation or interpretation of this Agreement, the competent authorities\nshall endeavour to resolve the matter by mutual agreement.\n2. In addition to the agreements referred to in paragraph 1, the competent authorities\nof the Contracting Parties may mutually agree on the procedures to be used under\nArticles 5, 6 and 9.\n3. The competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\nARTICLE 12\nEntry into Force\nEach of the Contracting Parties shall notify the other in writing of the completion\nof the procedures required by its law for the entry into force of this Agreement.\nThis Agreement shall enter into force on the thirtieth day after the receipt of the\nlater of these notifications and shall thereupon have effect:\na) for criminal tax matters, on the date of entry into force, for all taxable\nperiods beginning on or after that date or, where there is no taxable\nperiod, for all charges to tax arising on or after that date;\nb) with respect to all other matters covered in Article 1, for taxable periods\nbeginning on or after the first day of January of the year next following\nthe date on which the Agreement enters into force, or where there is no\ntaxable period, for all charges to tax arising on or after the first day of\nJanuary of the year next following the date on which the Agreement\nenters into force.\nARTICLE 13\nTermination\n1. Either Contracting Party may terminate the Agreement by serving a notice of\ntermination through diplomatic channels.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 312\nRevised as at 31st December, 2020\nc\n\n2. Such termination shall become effective on the first day of the month following\nthe expiration of a period of six months after the date of receipt of the notice of\ntermination by the other Contracting Party.\n3. If the Agreement is terminated the Contracting Parties shall remain bound by the\nprovisions of Article 8 with respect to any information obtained under the\nAgreement.\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their\nrespective Governments, have signed this Agreement.\nDONE in duplicate, this 12th day of February 2014.\nFor the Government\nof the Cayman Islands:\nFor the Government\nof the Republic of Seychelles:\nWAYNE PANTON\nP. LAPORTE\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 313\n\nSCHEDULE 36\nAGREEMENT BETWEEN THE CAYMAN ISLANDS AND THE\nKINGDOM OF BELGIUM FOR THE EXCHANGE OF INFORMATION\nON TAX MATTERS\n\nDESIRING to conclude an Agreement for the exchange of information on tax matters,\nhave agreed as follows:\nARTICLE 1\nObject and scope of the Agreement\nThe competent authorities of the Contracting Parties shall provide assistance through\nexchange of information that is foreseeably relevant to the administration and enforcement\nof the domestic laws of the Contracting Parties concerning taxes covered by this\nAgreement. Such information shall include information that is foreseeably relevant to the\ndetermination, assessment and collection of such taxes, the recovery and enforcement of\ntax claims, or the investigation or prosecution of tax matters. Information shall be\nexchanged in accordance with the provisions of this Agreement and shall be treated as\nconfidential in the manner provided in Article 8. The rights and safeguards secured to\npersons by the laws or administrative practice of the requested Party remain applicable to\nthe extent that they do not unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA Requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\n\nTHE CAYMAN ISLANDS,\non the one hand,\nAND\nTHE KINGDOM OF BELGIUM,\nTHE FLEMISH COMMUNITY,\nTHE FRENCH COMMUNITY,\nTHE GERMAN-SPEAKING COMMUNITY,\nTHE FLEMISH REGION,\nTHE WALLOON REGION,\nand THE BRUSSELS-CAPITAL REGION,\non the other hand,\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 314\nRevised as at 31st December, 2020\nc\n\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to taxes of every kind and description imposed on\nbehalf of the Contracting Parties, or of their political subdivisions or local\nauthorities.\n2.\nThis Agreement shall also apply to any identical taxes imposed after the date of\nsignature of the Agreement in addition to or in place of the existing taxes. This\nAgreement shall also apply to any substantially similar taxes imposed after the date\nof signature of the Agreement in addition to or in place of the existing taxes if the\ncompetent authorities of the Contracting Parties so agree. The competent authorities\nof the Contracting Parties shall notify each other of any substantial changes to the\ntaxation and related information gathering measures covered by the Agreement.\nARTICLE 4\nDefinitions\n12.\nFor the purposes of this Agreement, unless otherwise defined:\na.\nthe term \u201cContracting Party\u201d means the Cayman Islands or Belgium as the\ncontext requires;\nb)\nthe term \u201cthe Cayman Islands\u201d means the territory of the Cayman Islands\nand includes the territorial sea, areas within the maritime boundaries of the\nCayman Islands and any area within which in accordance with international\nlaw the rights of the Cayman Islands with respect to the seabed and sub-soil\nand their natural resources may be exercised;\nc)\nthe term \u201cBelgium\u201d means the Kingdom of Belgium; used in a geographical\nsense, it means the territory of the Kingdom of Belgium, including the\nterritorial sea and any other area in the sea and in the air within which the\nKingdom of Belgium, in accordance with international law, exercises\nsovereign rights or its jurisdiction;\nd)\nthe term \u201ccompetent authority\u201d means:\n(i)\nin the case of the Cayman Islands, the Tax Information\nAuthority\nor a person or authority designated by it;\n(ii) in the case of Belgium, as the case may be, the Minister of Finance\nof the Federal Government and\/or of the Government of a Region\nand\/or of a Community, or that person\u2019s authorised representative;\ne)\nthe term \u201cperson\u201d includes an individual, a company and any other body of\npersons;\nf)\nthe term \u201ccompany\u201d means any body corporate or any entity that is treated\nas a body corporate for tax purposes;\ng)\nthe term \u201cpublicly traded company\u201d means any company whose principal\nclass of shares is listed on a recognised stock exchange provided its listed\nshares can be readily purchased or sold by the public. Shares can be\npurchased or sold \u201cby the public\u201c if the purchase or sale of shares is not\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 315\n\nimplicitly or explicitly restricted to a limited group of investors;\nh)\nthe term \u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the company;\ni)\nthe term \u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Contracting Parties;\nj)\nthe term \u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic collective\ninvestment fund or scheme\u201c means any collective investment fund or scheme\nprovided the units, shares or other interests in the fund or scheme can be\nreadily purchased, sold or redeemed by the public. Units, shares or other\ninterests in the fund or scheme can be readily purchased, sold or redeemed\n\u201cby the public\u201c if the purchase, sale or redemption is not implicitly or\nexplicitly restricted to a limited group of investors;\nk)\nthe term \u201ctax\u201d means any tax to which the Agreement applies;\nl)\nthe term \u201capplicant Party\u201d means the Contracting Party requesting\ninformation;\nm)\nthe term \u201crequested Party\u201d means the Contracting Party requested to provide\ninformation;\nn)\nthe term \u201cinformation gathering measures\u201d means laws and administrative\nor judicial procedures that enable a Contracting Party to obtain and provide\nthe requested information;\no)\nthe term \u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\np)\nthe term \u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws of the\napplicant party;\nq)\nthe term \u201ccriminal laws\u201d means all criminal laws designated as such under\ndomestic law irrespective of whether contained in the tax laws, the criminal\ncode or other statutes.\n13.\nAs regards the application of this Agreement at any time by a Contracting Party,\nany term not defined therein shall, unless the context otherwise requires, have the\nmeaning that it has at that time under the law of that Party, any meaning under the\napplicable tax laws of that Party prevailing over a meaning given to the term under\nother laws of that Party.\nARTICLE 5\nExchange of information upon request\n1.\nThe competent authority of the requested Party shall provide upon request\ninformation for the purposes referred to in Article 1. Such information shall be\nexchanged without regard to whether the conduct being investigated would constitute\na crime under the laws of the requested Party if such conduct occurred in the requested\nParty.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 316\nRevised as at 31st December, 2020\nc\n\n2.\nIf the information in the possession of the competent authority of the requested Party\nis not sufficient to enable it to comply with the request for information, that Party\nshall use all relevant information gathering measures to provide the applicant Party\nwith the information requested, notwithstanding that the requested Party may not\nneed such information for its own tax purposes.\n3.\nIf specifically requested by the competent authority of an applicant Party, the\ncompetent authority of the requested Party shall provide information under this\nArticle, to the extent allowable under its domestic laws, in the form of depositions of\nwitnesses and authenticated copies of original records.\n4.\nEach Contracting Party shall ensure that its competent authorities for the purposes\nspecified in Article 1 of the Agreement, have the authority to obtain and provide upon\nrequest:\na.\ninformation held by banks, other financial institutions, and any person acting\nin an agency or fiduciary capacity including nominees and trustees;\nb.\ninformation regarding the ownership of companies, partnerships, trusts,\nfoundations, \u201cAnstalten\u201c and other persons, including, within the constraints\nof Article 2, ownership information on all such persons in an ownership\nchain; in the case of trusts, information on settlors, trustees and beneficiaries;\nand in the case of foundations, information on founders, members of the\nfoundation council and beneficiaries. Further, this Agreement does not\ncreate an obligation on the Contracting Parties to obtain or provide\nownership information with respect to publicly traded companies or public\ncollective investment funds or schemes unless such information can be\nobtained without giving rise to disproportionate difficulties.\n5.\nThe competent authority of the applicant Party shall provide the following\ninformation to the competent authority of the requested Party when making a request\nfor information under the Agreement to demonstrate the foreseeable relevance of the\ninformation to the request:\na)\nthe identity of the person under examination or investigation;\nb)\na statement of the information sought including its nature and the form in which the\napplicant Party wishes to receive the information from the requested Party;\nc)\nthe tax purpose for which the information is sought;\nd)\ngrounds for believing that the information requested is held in the requested Party or\nis in the possession or control of a person within\nthe jurisdiction of the requested\nParty;\ne)\nto the extent known, the name and address of any person believed\nto\nbe\nin\npossession of the requested information;\nf)\na statement that the request is in conformity with the law and administrative practices\nof the applicant Party, that if the requested\ninformation\nwas\nwithin\nthe\njurisdiction of the applicant Party then the competent authority of the applicant Party\nwould be able to obtain the information under the laws of the applicant Party or in the\nnormal\ncourse of administrative practice and that it is in conformity with this\nAgreement;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 317\n\ng)\na statement that the applicant Party has pursued all means available in\nits\nown\nterritory to obtain the information, except those that would\ngive\nrise\nto\ndisproportionate difficulties.\n6.\nThe competent authority of the requested Party shall forward the requested\ninformation as promptly as possible to the applicant Party. To ensure a prompt\nresponse,:\na)\nthe competent authority of the requested Party shall confirm receipt of a request in\nwriting to the competent authority of the applicant\nParty and shall notify the\ncompetent authority of the applicant Party of deficiencies in the request, if any,\nwithin 60 days of the receipt of the request;\nb)\nif the competent authority of the requested Party has been unable to obtain\nand\nprovide the information within 90 days of receipt of the\nrequest, including if it\nencounters obstacles in furnishing the\ninformation or it refuses to furnish the\ninformation, it shall immediately inform the applicant Party, explaining the reason\nfor its inability, the nature of the obstacles or the reasons for its refusal.\nARTICLE 6\nTax examinations abroad\n1.\nA Contracting Party may allow representatives of the competent authority of the other\nContracting Party to enter the territory of the first-mentioned Party to interview\nindividuals and examine records with the written consent of the persons concerned. The\ncompetent authority of the second-mentioned Party shall notify the competent authority\nof the first-mentioned Party of the time and place of the meeting with the individuals\nconcerned.\n2.\nAt the request of the competent authority of one Contracting Party, the competent\nauthority of the other Contracting Party may allow representatives of the competent\nauthority of the first-mentioned Party to\nbe present at the appropriate part of a tax\nexamination in the second-mentioned Party.\n3.\nIf the request referred to in paragraph 2 is acceded to, the competent authority of the\nContracting Party conducting the examination shall, as soon as possible, notify the\ncompetent authority of the other Party about\nthe time and place of the examination,\nthe authority or official designated to carry out the examination and the procedures and\nconditions required by the first-mentioned Party for the conduct of the examination. All\ndecisions with respect to the conduct of the tax examination shall be made by the Party\nconducting the examination.\nARTICLE 7\nPossibility of declining a request\n1.\nThe requested Party shall not be required to obtain or provide information that the\napplicant Party would not be able to obtain under its own laws for purposes of the\nadministration or enforcement of its own tax laws. The competent authority of the\nrequested Party may decline to assist where the request is not made in conformity\nwith this Agreement.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 318\nRevised as at 31st December, 2020\nc\n\n2.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to supply information which would disclose any trade, business,\nindustrial, commercial or professional secret or trade process. Notwithstanding the\nforegoing, information of the type referred to in Article 5, paragraph 4, shall not be\ntreated as such a secret or trade process merely because it meets the criteria in that\nparagraph.\n3.\nThe provisions of this Agreement shall not impose on a Contracting Party the\nobligation to obtain or provide information, which would reveal confidential\ncommunications between a client and an attorney, solicitor or other admitted legal\nrepresentative where such communications are:\na)\nproduced for the purposes of seeking or providing legal advice or\nb)\nproduced for the purposes of use in existing or contemplated legal proceedings.\n4.\nThe requested Party may decline a request for information if the disclosure of the\ninformation would be contrary to public policy.\n5.\nA request for information shall not be refused on the ground that the tax claim giving\nrise to the request is disputed.\n6.\nThe requested Party may decline a request for information if the information is requested\nby the applicant Party to administer or enforce a provision of the tax law of the applicant\nParty, or any requirement connected therewith, which discriminates against a national of\nthe requested Party as compared with a national of the applicant Party in the same\ncircumstances.\nARTICLE 8\nConfidentiality\nAny information received by a Contracting Party under this Agreement shall be treated as\nconfidential and may be disclosed only to persons or authorities (including courts and\nadministrative bodies) in the jurisdiction of the Contracting Party concerned with the\nassessment or collection of, the enforcement or prosecution in respect of, or the\ndetermination of appeals in relation to, the taxes covered by this Agreement. Such persons\nor authorities shall use such information only for such purposes. They may disclose the\ninformation in public court proceedings or in judicial decisions. The information may not\nbe disclosed to any other person or entity or authority or any other jurisdiction without the\nexpress written consent of the competent authority of the requested Party.\nARTICLE 9\nCosts\nUnless the competent authorities of the Contracting Parties otherwise agree, indirect costs\nincurred in providing assistance shall be borne by the requested Party, and direct costs\nincurred in providing assistance (including costs of engaging external advisers in\nconnection with litigation or otherwise) shall be borne by the applicant Party. The\nrespective competent authorities shall consult from time to time with regard to this Article,\nand in particular the competent authority of the requested Party shall consult with the\ncompetent authority of the applicant Party in advance where the costs of providing\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 319\n\ninformation with respect to a specific request are expected to be significant.\nARTICLE 10\nImplementation legislation\nThe Contracting Parties shall enact any legislation necessary to comply with, and give\neffect to, the terms of the Agreement.\nARTICLE 11\nLanguage\nRequests for assistance and answers thereto shall be drawn up in the English language.\nARTICLE 12\nOther international agreements or arrangements\nThe possibilities of assistance provided by this Agreement do not limit, nor are they limited\nby, those contained in existing international agreements or other arrangements between the\nContracting Parties which relate to co-operation in tax matters.\nARTICLE 13\nMutual agreement procedure\n1.\nWhere difficulties or doubts arise between the Parties regarding the implementation\nor interpretation of the Agreement, the competent authorities shall endeavour to\nresolve the matter by mutual agreement.\n2.\nIn addition to the agreements referred to in paragraph 1, the competent authorities of\nthe Contracting Parties may mutually agree on the procedures to be used under\nArticles 5, 6 and 9.\n3.\nThe competent authorities of the Contracting Parties may communicate with each\nother directly for purposes of reaching agreement under this Article.\n4.\nThe Contracting Parties may also agree on other forms of dispute resolution.\nARTICLE 14\nEntry into force\nEach of the Contracting Parties shall notify to the other the completion of the procedures\nrequired by its law for the bringing into force of this Agreement. The Agreement shall enter\ninto force on the date of the later of these notifications, and shall have effect:\na)\nfor criminal tax matters on that date; and\nb)\nfor all other matters covered in Article 1, on that date, but only in respect of\ntaxable periods beginning on or after that date, or, where there is no taxable\nperiod, all charges to tax arising on or after that date.\nARTICLE 15\nTermination\n1.\nEither Contracting Party may terminate the Agreement by serving a notice of\ntermination either through diplomatic channels or by letter to the competent\nauthority of the other Contracting Party.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 320\nRevised as at 31st December, 2020\nc\n\n2.\nSuch termination shall become effective on the first day of the month following the\nexpiration of a period of six months after the date of receipt of notice of termination\nby the other Contracting Party. All requests for information received up to the\neffective date of termination will be dealt with in accordance with the terms of this\nAgreement.\n3.\nAfter termination of the Agreement, the Contracting Parties shall remain bound by\nthe provisions of Article 8 with respect to any information obtained under the\nAgreement.\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their\nrespective Governments, have signed this Agreement.\nDONE in duplicate at George Town, Grand Cayman, Cayman Islands on the twenty-fourth\nday of April 2014, in the English language.\nFor the Cayman Islands:\nFor the Kingdom Of Belgium:\nFor the Flemish Community:\nFor the French Community:\nFor the German-Speaking Community:\nFor the Flemish Region:\nFor the Walloon Region:\nFor the Brussels-Capital Region:\nWAYNE PANTON\nG. VAN DEN BERGH\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 321\n\nSCHEDULE 37\nAGREEMENT BETWEEN THE GOVERNMENT OF THE CAYMAN\nISLANDS AND THE GOVERNMENT OF THE ISLE OF MAN FOR THE\nEXCHANGE OF INFORMATION RELATING TO TAX MATTERS\nThe Government of the Cayman Islands and the Government of the Isle of Man have agreed\nto conclude the following Agreement for the exchange of information relating to tax\nmatters which contains obligations on the part of the Parties only:\nARTICLE 1\nObject and scope of the agreement\nThe Parties, through their competent authorities, shall provide assistance through exchange\nof information that is foreseeably relevant to the administration and enforcement of the\ndomestic laws of the Parties concerning taxes covered by this Agreement, including\ninformation that is foreseeably relevant to the determination, assessment or collection of\nsuch taxes, the recovery and enforcement of tax claims, or the investigation of tax matters\nor the prosecution of criminal tax matters. Information shall be exchanged in accordance\nwith the provisions of this Agreement and shall be treated as confidential in the manner\nprovided in Article 10. The rights and safeguards secured to persons by the laws or\nadministrative practice of the requested Party remain applicable to the extent that they do\nnot unduly prevent or delay effective exchange of information.\nARTICLE 2\nJurisdiction\nA requested Party is not obligated to provide information which is neither held by its\nauthorities nor in the possession or control of persons who are within its territorial\njurisdiction.\nARTICLE 3\nTaxes covered\n1.\nThis Agreement shall apply to the following taxes imposed\na)\nby the Isle of Man:\n(i)\nthe Income Tax, and\n(ii)\nValue Added Tax,\nb)\nby the Cayman Islands, any tax imposed by the Cayman Islands\nwhich is substantially similar to existing taxes of the Isle of Man\nto which this Agreement applies.\n2. This Agreement shall also apply to any identical or any substantially similar taxes\nimposed after the date of signature of the Agreement in addition to or in place of\nthe existing taxes. The competent authority of each Party shall notify the other of\nany substantial changes to the taxation and related information gathering\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 322\nRevised as at 31st December, 2020\nc\n\nmeasures which may affect the obligations of that Party pursuant to this\nAgreement.\nARTICLE 4\nDefinitions\n1. For the purposes of this Agreement, unless the context otherwise requires:\na)\n\u201cthe Cayman Islands\u201d means the territory of the Cayman\nIslands and includes the territorial sea, areas within the\nmaritime boundaries of the Cayman Islands and any area within\nwhich, in accordance with international law, the rights of the\nCayman Islands with respect to the seabed and sub-soil and\ntheir natural resources may be exercised;\nb)\n\u201cthe Isle of Man\u201d means the island of the Isle of Man, including\nits territorial sea, in accordance with international law;\nc)\n\u201ccollective investment fund or scheme\u201d means any pooled\ninvestment vehicle, irrespective of legal form. The term \u201cpublic\ncollective investment fund or scheme\u201d means any collective\ninvestment fund or scheme provided the units, shares or other\ninterests in the fund or scheme can be readily purchased, sold\nor redeemed by the public. Units, shares or other interests in the\nfund or scheme can be readily purchased, sold or redeemed \u201cby\nthe public\u201d if the purchase, sale or redemption is not implicitly\nor explicitly restricted to a limited group of investors;\nd)\n\u201ccompany\u201d means any body corporate or any entity that is\ntreated as a body corporate for tax purposes;\ne)\n\u201ccompetent authority\u201d means:\n(i)\nin the case of the Cayman Islands, the Tax Information\nAuthority or a person or authority designated by it;\n(ii)\nin the case of the Isle of Man, the Assessor of Income\nTax or that person\u2019s delegate;\nf)\n\u201ccriminal laws\u201d means all criminal laws designated as such\nunder domestic law irrespective of whether such are contained\nin the tax laws, the criminal code or other statutes;\ng)\n\u201ccriminal tax matters\u201d means tax matters involving intentional\nconduct which is liable to prosecution under the criminal laws\nof the requesting Party;\nh)\n\u201cinformation\u201d means any fact, statement or record in any form\nwhatever;\ni)\n\u201cinformation\ngathering\nmeasures\u201d\nmeans\nlaws\nand\nadministrative or judicial procedures that enable a requested\nParty to obtain and provide the requested information;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 323\n\nj)\n\u201cParty\u201d means the Cayman Islands or the Isle of Man as the\ncontext requires;\nk)\n\u201cperson\u201d includes an individual, a company and any other body\nor group of persons;\nl)\n\u201cprincipal class of shares\u201d means the class or classes of shares\nrepresenting a majority of the voting power and value of the\ncompany;\nm)\n\u201cpublicly traded company\u201d means any company whose\nprincipal class of shares is listed on a recognised stock\nexchange provided its listed shares can be readily purchased or\nsold by the public. Shares can be purchased or sold \u201cby the\npublic\u201d if the purchase or sale of shares is not implicitly or\nexplicitly restricted to a limited group of investors;\nn)\n\u201crecognised stock exchange\u201d means any stock exchange agreed\nupon by the competent authorities of the Parties;\no)\n\u201crequested Party\u201d means the Party to this Agreement requested\nto provide, or which has provided, information in response to a\nrequest;\np)\n\u201crequesting Party\u201d means the Party to this Agreement\nsubmitting a request for information or having received\ninformation from the requested Party;\nq)\n\u201ctax\u201d means any tax to which the Agreement applies.\n2. As regards the application of this Agreement at any time by a Party, any term not\ndefined therein shall, unless the context otherwise requires, have the meaning that\nit has at that time under the law of that Party, any meaning under the applicable\ntax laws of that Party prevailing over a meaning given to the term under other\nlaws of that Party.\nARTICLE 5\nExchange of information upon request\n1. The competent authority of the requested Party shall provide upon request by the\nrequesting Party information for the purposes referred to in Article 1. Such\ninformation shall be exchanged without regard to whether the requested Party\nneeds such information for its own tax purposes or the conduct being investigated\nwould constitute a crime under the laws of the requested Party if it had occurred\nin the territory of the requested Party. The competent authority of the requesting\nParty shall only make a request for information pursuant to this Article when it is\nunable to obtain the requested information by other means within its own territory,\nexcept where recourse to such means would give rise to disproportionate\ndifficulty.\n2. If the information in the possession of the competent authority of the requested\nParty is not sufficient to enable it to comply with the request for information, that\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 324\nRevised as at 31st December, 2020\nc\n\nParty shall use all relevant information gathering measures necessary to provide\nthe requesting Party with the information requested, notwithstanding that the\nrequested Party may not need such information for its own tax purposes.\n3. If specifically requested by the competent authority of the requesting Party, the\ncompetent authority of the requested Party shall provide information under this\nArticle, to the extent allowable under its domestic laws, in the form of depositions\nof witnesses and authenticated copies of original records.\n4. Each Party shall ensure that it has the authority, subject to the terms of Article 1,\nand within the constraints of Article 2, to obtain and provide, through its\ncompetent authorities and upon request:\na)\ninformation held by banks, other financial institutions, and any\nperson, including nominees and trustees, acting in an agency or\nfiduciary capacity;\nb)\n(i)\ninformation regarding the beneficial ownership of\ncompanies, partnerships, foundations and other\npersons, including in the case of collective investment\nschemes, information on shares, units and other\ninterests;\n(ii)\nin the case of trusts, information on settlors, trustees,\nprotectors, enforcers and beneficiaries,\nprovided that this Agreement does not create an obligation for a Party to obtain or\nprovide ownership information with respect to publicly traded companies or\npublic collective investment funds or schemes, unless such information can be\nobtained without giving rise to disproportionate difficulties.\n5. Any request for information shall be formulated with the greatest detail possible\nand shall specify in writing:\na)\nthe identity of the person under examination or investigation;\nb)\nthe period for which the information is requested;\nc)\na statement of the information sought including its nature and\nthe form in which the requesting Party wishes to receive it;\nd)\nthe tax purpose for which the information is sought;\ne)\nthe reasons for believing that the information requested is\nforeseeably relevant to tax administration and enforcement of\nthe requesting Party, with respect to the person identified in\nsubparagraph a) of this paragraph;\nf)\nthe grounds for believing that the information requested is held\nin the requested Party or is in the possession of or obtainable by\na person within the jurisdiction of the requested Party;\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 325\n\ng)\nto the extent known, the name and address of any person\nbelieved to be in possession of or able to obtain the requested\ninformation;\nh)\na statement that the request is in conformity with the laws and\nadministrative practices of the requesting Party, that if the\nrequested information was within the jurisdiction of the\nrequesting Party then the competent authority of the requesting\nParty would be able to obtain the information under the laws of\nthe requesting Party or in the normal course of administrative\npractice and that it is in conformity with this Agreement;\ni)\na statement that the requesting Party has pursued all means\navailable in its own territory to obtain the information, except\nwhere that would give rise to disproportionate difficulty.\n6. The competent authority of the requested Party shall use its best endeavours to\nforward the requested information to the requesting Party with the least possible\ndelay. To ensure a prompt response, the competent authority of the requested\nParty shall:\na)\nconfirm receipt of a request in writing to the competent\nauthority of the requesting Party and shall notify the competent\nauthority of the requesting Party of deficiencies in the request,\nif any, within 60 days of the receipt of the request,\nb)\nif the competent authority of the requested Party has been\nunable to obtain and provide the information within 90 days of\nreceipt of the complete request, including if it encounters\nobstacles in furnishing the information or it refuses to furnish\nthe information, it shall immediately inform the competent\nauthority of the requesting Party, explaining the reason for its\ninability, the nature of the obstacles or the reasons for its\nrefusal.\nARTICLE 6\nTax examinations abroad\n1.\nWith reasonable notice, the requesting Party may request that the requested Party\nallow representatives of the competent authority of the requesting Party to enter\nthe territory of the requested Party, to the extent permitted under its domestic laws,\nto interview individuals and examine records with the prior written consent of the\nindividuals or other persons concerned. The competent authority of the requesting\nParty shall notify the competent authority of the requested Party of the time and\nplace of the intended meeting with the individuals concerned.\n2.\nAt the request of the competent authority of the requesting Party, the competent\nauthority of the requested Party may permit representatives of the competent\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 326\nRevised as at 31st December, 2020\nc\n\nauthority of the requesting Party to attend a tax examination in the territory of the\nrequested Party.\n3.\nIf the request referred to in paragraph 2 is granted, the competent\nauthority of the requested Party conducting the examination shall, as soon as\npossible, notify the competent authority of the requesting Party of the time and\nplace of the examination, the authority or person authorised to carry out the\nexamination and the procedures and conditions required by the requested Party\nfor the conduct of the examination. All decisions regarding the conduct of the\nexamination shall be made by the requested Party conducting the examination.\nARTICLE 7\nPossibility of declining a request\n1. The competent authority of the requested Party may decline to assist:\na)\nwhere the request is not made in conformity with this\nAgreement;\nb)\nwhere the requesting Party has not pursued all means available\nin its own territory to obtain the information, except where\nrecourse to such means would give rise to disproportionate\ndifficulty; or\nc)\nwhere the disclosure of the information requested would be\ncontrary to public policy.\n2. This Agreement shall not impose on a requested Party the obligation to provide\ninformation subject to legal privilege or which would disclose any trade, business,\nindustrial, commercial or professional secret or trade process, provided that\ninformation of the type referred to in Article 5, paragraph 4 shall not by reason of\nthat fact alone be treated as such a secret or trade process.\n3. A request for information shall not be refused on the ground that the tax claim\ngiving rise to the request is disputed.\n4. The requested Party shall not be required to obtain or provide information which,\nif the requested information was within the jurisdiction of the requesting Party,\nthe competent authority of the requesting Party would not be able to obtain under\nits own laws or in the normal course of administrative practice.\n5. The requested Party may decline a request for information if the information is\nrequested by the requesting Party to administer or enforce a provision of the tax\nlaw of the requesting Party, or any requirement connected therewith, which\ndiscriminates against a national or citizen of the requested Party as compared with\na national or citizen of the requesting Party in the same circumstances.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 327\n\nARTICLE 8\nAutomatic exchange of information\n1. The competent authorities of the Parties may automatically transmit information\nto each other for the purposes referred to in Article 1. The competent authorities\nshall determine the items of information to be exchanged pursuant to this Article\nand the procedures to be used to exchange such items of information.\n2. The competent authorities of the Parties may mutually agree on additional\nprocedures to be used for the purposes of this Article.\nARTICLE 9\nSpontaneous exchange of information\nThe competent authority of a Party may spontaneously transmit to the competent authority\nof the other Party information that has come to the attention of the first-mentioned\ncompetent authority and that the first-mentioned competent authority supposes to be\nforeseeably relevant to the accomplishment of the purposes referred to in Article 1. The\ncompetent authorities shall determine the procedures to be used to exchange such\ninformation.\nARTICLE 10\nConfidentiality\n1. All information provided and received by the competent authorities of the Parties shall be\nkept confidential.\n2. Such information shall be disclosed only to persons or authorities (including courts and\nadministrative bodies) concerned with the purposes specified in Article 1, and used by such\npersons or authorities only for such purposes, including the determination of any appeal.\nFor these purposes, information may be disclosed in public court proceedings or in judicial\ndecisions.\n3. Such information may not be used for any purpose other than for the purposes stated in\nArticle 1 without the express written consent of the competent authority of the requested\nParty.\n4. Information provided to a requesting Party under this Agreement may not be disclosed to\nany other jurisdiction.\nARTICLE 11\nCosts\nUnless the competent authorities of the Parties otherwise agree, indirect costs incurred in\nproviding assistance shall be borne by the requested Party, and direct costs incurred in\nproviding assistance (including costs of engaging external advisors in connection with\nlitigation or otherwise) shall be borne by the requesting Party. The respective competent\nauthorities shall consult from time to time with regard to this Article, and in particular the\ncompetent authority of the requested Party shall consult with the competent authority of\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 328\nRevised as at 31st December, 2020\nc\n\nthe requesting Party in advance if the costs of providing information with respect to a\nspecific request are expected to be significant.\nARTICLE 12\nMutual agreement procedure\n1. Where difficulties or doubts arise between the Parties regarding the\nimplementation or interpretation of this Agreement, the respective competent\nauthorities shall endeavour to resolve the matter by mutual agreement.\n2. In addition to the agreements referred to in paragraph 1, the competent authorities\nof the Parties may mutually agree on the procedures to be used under Articles 5,\n6, 8, 9 and 11.\n3. The competent authorities of the Parties may communicate with each other\ndirectly for purposes of reaching agreement under this Article.\nARTICLE 13\nEntry into force\n1. Each of the Parties shall notify the other in writing of the completion of the\nprocedures required by its law for the entry into force of this Agreement.\n2. The Agreement shall enter into force on the thirtieth day after the receipt of the\nlater of these notifications and shall thereupon have effect:\na)\nwith respect to criminal tax matters for taxable periods\nbeginning on or after 1 September 2005  or, where there is no\ntaxable period, for all charges to tax arising on or after 1\nSeptember 2005;\nb)\nfor all other matters covered in Article 1, for taxable periods\nbeginning on or after the first day of January of the year next\nfollowing the date on which the Agreement enters into force, or\nwhere there is no taxable period, for all charges to tax arising\non or after the first day of January of the year next following\nthe date on which the Agreement enters into force.\nARTICLE 14\nTermination\n1. This Agreement shall remain in force until terminated by a Party.\n2. Either Party may terminate the Agreement by giving written notice of termination\nto the other Party. In such case, the Agreement shall cease to have effect on the\nfirst day of the month following the end of the period of six months after the date\nof receipt of notice of termination by the other Party.\n3. In the event of termination, both Parties shall remain bound by the provisions of\nArticle 10 with respect to any information obtained under the Agreement.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 329\n\nIN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed\nthe Agreement.\nDONE at George Town, Grand Cayman, Cayman Islands on this 10th day of September\nof two thousand and fifteen and at Douglas on this 22nd day of September of two thousand\nand fifteen, in duplicate in the English language.\nFor the Government\nof the Cayman Islands:\nFor the Government\nof the Isle of Man:\nWAYNE PANTON\nW. E. TEARE\u201d.\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 330\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 38\nPROTOCOL AMENDING THE AGREEMENT BETWEEN THE\nGOVERNMENT OF THE CAYMAN ISLANDS AND THE STATES OF\nGUERNSEY FOR THE EXCHANGE OF INFORMATION RELATING TO\nTAX MATTERS, SIGNED ON 29TH JULY 2011\nThe Government of the Cayman Islands and the States of Guernsey (hereinafter \u201cthe\nParties\u201d),\nDesiring to amend the Agreement between the Government of the Cayman Islands and the\nStates of Guernsey for the Exchange of Information Relating to Tax Matters, signed on\n29th July 2011,\nHave agreed as follows:\nARTICLE I\nThe following shall be added after Article 5 (Exchange of Information Upon Request):\nARTICLE 5A\nAutomatic Exchange of Information\n1.\nThe competent authorities of the Parties may automatically transmit information to\neach other for the purposes referred to in Article 1 (Object and Scope of the Agreement).\nThe competent authorities shall determine the items of information to be exchanged\npursuant to this Article and the procedures to be used to exchange such items of\ninformation.\n2.\nThe competent authorities of the Parties may mutually agree on additional procedures\nto be used for the purposes of this Article.\nARTICLE 5B\nSpontaneous Exchange of Information\nThe competent authority of a Party may spontaneously transmit to the competent authority\nof the other Party information that has come to the attention of the first-mentioned\ncompetent authority and that the first-mentioned competent authority supposes to be\nforeseeably relevant to the accomplishment of the purposes referred to in Article 1 (Object\nand Scope of the Agreement).  The competent authorities shall determine the procedures\nto be used to exchange such information.\u201d\nARTICLE II\nParagraph 2 of Article 10 (Mutual agreement procedure) is revised as follows:\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 331\n\n\"In addition to the agreements referred to in paragraph 1, the competent authorities of the\nParties may mutually agree on the procedures to be used under Articles 5, 5A, 5B, 6 and\n8.\".\nARTICLE III\nThe Parties shall notify each other in writing when their necessary internal procedures for\nentry into force of this Protocol have been completed.  This Protocol shall enter into force\non the date of the later of such written notifications.\nIn witness whereof, the undersigned being duly authorized thereto have signed this\nProtocol.\nDone at George Town, Grand Cayman, Cayman Islands on this 10th day of September\n2015, and at St. Peter Port, Guernsey, this 8th day of October, 2015, in duplicate, in the\nEnglish language.\nFOR THE GOVERNMENT\nOF THE CAYMAN ISLANDS:\nFOR THE STATES OF GUERNSEY\nWAYNE PANTON\nJP LE TOCQ\n\nSection 26\nTax Information Authority Act (2021 Revision)\n\nPage 332\nRevised as at 31st December, 2020\nc\n\nSCHEDULE 39\nPROTOCOL AMENDING THE AGREEMENT BETWEEN THE\nGOVERNMENT OF THE CAYMAN ISLANDS AND THE\nGOVERNMENT OF THE ISLE OF MAN FOR THE EXCHANGE OF\nINFORMATION RELATING TO TAX MATTERS\nThe Government of the Cayman Islands and the Government of the Isle of Man,\nDesiring to amend the Agreement between the Government of the Cayman Islands and\nthe Government of the Isle of Man for the Exchange of Information Relating to Tax\nMatters, signed at George Town on 10 September 2015 and at Douglas on 22 September\n2015 (hereinafter referred to as \"the TIEA\u2019\u2019),\nConsidering that the Cayman Islands and the Isle of Man have committed to automatically\nexchange information in\/as of 2017 and that, in order to be able to automatically exchange\ninformation under Article 8 of the TIEA in accordance with the timeline to which they have\ncommitted, the Cayman Islands and the Isle of Man signed a bilateral Competent Authority\nAgreement on Automatic Exchange of Financial Account Information on 25 September 2015,\nHave agreed as follows:\nARTICLE 1\n1.\nParagraph 2.b) of Article 13 (Entry into force) of the TIEA shall be deleted and\nreplaced with:\n\u201cb) with respect to automatically transmitting information under Article 8 for\nperiods beginning on or after 1January 2016; and\u201d;\n2.\nAfter paragraph 2.b) of Article 13 (Entry into force) of the TIEA insert:\n\u201cc) for all others matters covered in Article 1, for taxable periods beginning\non or after 1 January 2016, or where there is no taxable period, for all\ncharges to tax arising on or after 1 January 2016.\u201d.\nARTICLE 2\nEach of the Parties shall notify the other in writing of the completion of the procedures\nrequired by its law for entry into force of this Protocol. The Protocol shall enter into force\non the date of the later of such written notifications.\nARTICLE 3\nThis Protocol, which shall form an integral part of the TIEA, shall remain in force as\nlong as the TIEA remains in force and shall apply as long as the TIEA itself is applicable.\nIN WITNESS WHEREOF, the undersigned, being duly authorised thereto by their\nrespective Governments, have signed this Protocol.\n\nTax Information Authority Act (2021 Revision)\nSection 26\n\nc\nRevised as at 31st December, 2020\nPage 333\n\nDone at Douglas, Isle of Man on 2nd day of February of two thousand and sixteen and at George\nTown, Grand Cayman, Cayman Islands this 14th day of March of two thousand and sixteen,\nin duplicate in the English language.\nFOR THE GOVERNMENT\nOF THE CAYMAN ISLANDS:\nFOR THE GOVERNMENT OF THE\nISLE OF MAN:\nG. WAYNE PANTON\nW. E. TEARE\u201d.\nPublication in consolidated and revised form authorised by the Cabinet this 5th day\nof January, 2021.\nKim Bullings\nClerk of the Cabinet\n\nTax Information Authority Act (2021 Revision)\nENDNOTES\n\nc\nRevised as at 31st December, 2020\nPage 335\n\nENDNOTES\nTable of Legislation history:\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n 56\/2020\nCitation of Acts of Parliament Act, 2020\n3-Dec-2020\nLG89\/2020\/s1\n\n27\/2020 Tax Information Authority (Amendment) Law, 2020\n7-Jul-2020\nLG49\/2020\/s3\n\n Tax Information Authority Law (2017 Revision)\n31-May-2017 GE45\/2017\/s35\n\n Tax Information Authority (Amendment) Law, 2016\n(Commencement) Order, 2016\n16-Dec-2016 GE100\/2016\/s1\n\n1\/2016 Tax Information Authority (Amendment) Law, 2016\n16-Dec-2016\nGE45\/2016\/s1\n\n Tax Information Authority Law (2016 Revision)\n2-Sep-2016 GE69\/2016\/s22\n25\/2016\n Tax Information Authority (Tax Information Agreements)\nOrder, 2016\n\nGE48\/2016\/s1\n\n Tax Information Authority Law (2014 Revision)\n7-Nov-2014\nGE83\/2014\/s4\n\n12\/2014 Tax Information Authority (Amendment) (No. 2) Law, 2014\n1-Jul-2014\nGE47\/2014\/s1\n\n9\/2014 Tax Information Authority (Amendment) Law, 2014\n21-May-2014\nGE35\/2014\/s4\n75\/2014\n Tax Information Authority (Tax Information Agreements)\nOrder, 2014\n14-Mar-2014\nGE17\/2014\/s1\n21\/2013\n Tax Information Authority (Tax Information Agreements)\nOrder, 2013\n8-May-2013\nGE38\/2013\/s1\n9\/2012\n Tax Information Authority (Tax Information Agreements)\nOrder, (No. 2) 2011\n13-Feb-2012\nG4\/2012\/s1\n23\/2011\n Tax Information Authority (Tax Information Agreements)\nOrder, 2011\n10-Oct-2011\nG21\/2011\/s1\n39\/2010\n Tax Information Authority (Tax Information Agreements)\n(No. 2) Order, 2010\n7-Dec-2010\nG85\/2010\/s1\n13\/2010\n Tax Information Authority (Tax Information Agreements)\nOrder, 2010\n26-Apr-2010\nG9\/2010\/s5\n28\/2009\n Tax Information Authority (Tax Information Agreements)\nOrder, 2009\n14-Sep-2009\nG19\/2009\/s2\n\n Tax Information Authority Law (2013 Revision)\n21-Oct-2013\nG21\/2013\/s15\n\n11\/2012 Tax Information Authority (Amendment) Law, 2012\n17-Sep-2012 GE90\/2012\/s14\n\n Tax Information Authority Law (2009 Revision)\n20-Jul2009\nG15\/2009\/s9\n13\/2009\n Tax Information Authority (Scheduled Countries) (No. 3)\nOrder, 2009\n30-Mar-2009\nGE20\/2009\/s1\n12\/2009\n Tax Information Authority (Scheduled Countries) (No. 2)\nOrder, 2009\n25-Mar-2009\nGE18\/2009\/s2\n10\/2009\n Tax Information Authority (Scheduled Countries) Order, 2009\n19-Mar-2009\nGE16\/2009\/s2\n\nENDNOTES\nTax Information Authority Act (2021 Revision)\n\nPage 336\nRevised as at 31st December, 2020\nc\n\nSL #\nLaw #\nLegislation\nCommencement\nGazette\n\n20\/2008 Tax Information Authority (Amendment) Law, 2008\n31-Dec-2008\nGE51\/2008\/s1\n\n Tax Information Authority Law, 2005 (Commencement)\nOrder, 2005\n31-Aug-2005\nGE31\/2005\/s1\n\n1\/2005 Tax Information Authority Law, 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