Botswana - Seychelles Tax Treaty
PROTOCOL
AMENDING THE AGREEMENT
BETWEEN
THE GOVERNMENT OF THE REPUBLIC OF
BOTSWANA
AND
THE GOVERNMENT OF THE REPUBLIC OF
SEYCHELLES
FOR THE AVOIDANCE OF
DOUBLE TAXATION AND THE PREVENTION
OF FISCAL EVASION
WITH RESPECT TO TAXES ON INCOME
The Government of the Republic of Botswana and the Government of the Republic of Seychelles;
DESIRING to amend the Agreement for the avoidance of double taxation
and the
prevention of fiscal evasion with respect to taxes on income, signed at
Johannesburg
on 26ᵗʰ August, 2004 (in this Protocol referred to as “the Agreement”),
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Article 26 of the Agreement shall be deleted and replaced by the following:
“ARTICLE 26 EXCHANGE OF INFORMATION
-
The competent authorities of the Contracting States shall
exchange such
information as is foreseeably relevant for carrying out the provisions
of this
Agreement or to the administration or enforcement of the domestic laws
concerning taxes of every kind and description imposed on behalf of
the
Contracting States, or of their political subdivisions, in
particular for the
prevention of fraud or evasion of such taxes, in so far as the taxation
thereunder
is not contrary to the Agreement. The exchange of information is not restricted
by Articles 1 and 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.
-
Each Contracting State shall take the necessary measures to ensure the
availability of information as well as the ability of its competent authority to access information and to transmit it to its counterpart. In no case shall the provisions of paragraphs 1 and 2 be construed so as to impose on a Contracting State the obligation to:
(a) carry out administrative measures at variance with the
laws and
administrative practice of that or of the other Contracting State;
(b) supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;
(c) to supply information which would disclose any trade,
business,
industrial, commercial or professional secret or trade process,
or
information the disclosure of which would be contrary to public policy
(ordre public).
-
If information is requested by a Contracting State in accordance with
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 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.
-
In no case shall the provisions of paragraph 3 be construed
to permit a
Contracting State to decline to supply information solely because the
information
is held by a bank, other financial institution, nominee or person
acting in an
agency or a fiduciary capacity or because it relates to ownership interests in a
person.”
ARTICLE 2
-
Each of the Contracting States shall notify to the other in writing,
through the diplomatic channel, of the completion of the procedures required by its law for the bringing into force of this Protocol, which shall form an integral part of the Agreement. The Protocol shall enter into force on the date of receipt of the later of these notifications.
-
The provisions of the Protocol shall thereupon have effect beginning
on the first day of January next following the year in which the Protocol enters into force.
ARTICLE 3
This Protocol shall remain in force as long as the Agreement remains in force.
IN WITNESS WHEREOF the undersigned, being duly authorised by their respective
Governments, have signed and sealed this Protocol in two originals in
the English
language, both texts being equally authentic.
DONE at Pretoria on 12ᵗʰ day of March in the year 2013.
MR KENNY KAPINGA MR CLAUDE MOREL
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE REPUBLIC OF BOTSWANA REPUBLIC OF SEYCHELLES