Protocol Norway - Belgium

The Government of the Kingdom of Norway and the Government of  the Kingdom of Belgium,

Desiring to amend the Convention between the Kingdom of Norway  and the Kingdom of Belgium for the avoidance of double taxation  and the prevention of fiscal evasion with respect to taxes on income  and on capital, signed at Oslo on 14 April 1988 (hereinafter referred  to as "the Convention"),

Have agreed as follows:

Article I

The text of Article 27 of the Convention is replaced by the following:

«1. The competent authorities  of the Contracting States shall exchange such information as is foreseeably  relevant for carrying out the provisions of this Convention or to  the administration or enforcement of the domestic laws concerning  taxes of every kind and description imposed by or on behalf of the  Contracting States, insofar as the taxation thereunder is not contrary  to the Convention. The exchange of information is not restricted  by Articles 1 and 2.

2. Any information received under  paragraph 1 by a Contracting State shall be treated as secret in the  same manner as information obtained under the domestic laws of that  State and shall be disclosed only to persons or authorities (including  courts and 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 referred to  in paragraph 1, or the oversight of the above. Such persons or authorities  shall use the information only for such purposes. They may disclose  the information in public court proceedings or in judicial decisions.  Notwithstanding the foregoing, information received by a Contracting  State may be used for other purposes when such information may be  used for such other purposes under the laws of both States and the  competent authority of the supplying State authorises such use.

3. In no case shall the provisions of paragraphs 1 and 2  be construed so as to impose on a Contracting State the obligation:

1. to carry out administrative measures  at variance with the laws and administrative practice of that or  of the other Contracting State;
2. to supply information which is not obtainable under the  laws or in the normal course of the administration of that or of  the other Contracting State;
3. 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).

4. If information is requested by a Contracting State in  accordance with the provisions of this Article, the other Contracting  State shall use its information gathering measures to obtain the requested  information, even though that other State may not need such information  for its own tax purposes. The obligation contained in the preceding  sentence is subject to the limitations of paragraph 3 of this Article  but in no case shall such limitations be construed to permit a Contracting  State to decline to supply information solely because it has no  domestic interest in such information.

5. In no case shall the provisions of paragraph 3 of this  Article be construed to permit a Contracting State to decline to  supply information solely because the information is held by a bank,  other financial institution, trust, foundation, nominee or person  acting in an agency or a fiduciary capacity or because it relates  to ownership interests in a person. In order to obtain such information  the tax administration of the requested Contracting State shall  have the power to ask for the disclosure of information and to conduct  investigations and hearings notwithstanding any contrary provisions  in its domestic tax laws.”

Article II

 

Each of the Contracting States shall notify the other Contracting  State, through diplomatic channels, of the completion of the procedures  required by its law for the bringing into force of this Protocol.  The Protocol shall enter into force on the date of the later of  these notifications and its provisions shall have effect:

1. with respect to taxes due at source  on income credited or payable on or after January 1 of the year  next following the year in which the Protocol entered into force;
2. with respect to other taxes charged on income of taxable  periods beginning on or after January 1 of the year next following  the year in which the Protocol entered into force;
3. with respect to any other taxes imposed by or on behalf  of the Contracting States, on any other tax due in respect of taxable  events taking place on or after January 1 of the year next following  the year in which the Protocol entered into force.
4. Article 27 of the Convention signed at Oslo on 14 April  1988 shall continue to be applicable for the taxable years prior  to the effect of this Protocol.

Article III

 

This Protocol, which shall form an integral part of the Convention,  shall remain in force as long as the Convention remains in force  and shall apply as long as the Convention itself is applicable.

IN WITNESS WHEREOF, the undersigned duly authorised thereto by  their respective governments, have signed this Protocol.

DONE in duplicate at Brussels, on this 10th day of September  2009, in the English language.

For the Government  of the Kingdom of Norway:
Jostein  Bernhardsen

For the Government of the Kingdom of Belgium:
Didier  Reynders