tiea agreement between san marino and samoa

8/7/2019 TIEA agreement between San Marino and Samoa

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AGREII!MBJfT

BETWEE"THE GOVDHMEl'lT OP" TIŒ llIDltPElIfl)ER'T STA1."E OF SAlIOA

AND

THE GOVERl!lI\ŒNT OP

TIŒ REPOBLlC OF SAN 1IARIlC0

COBCElUQJ'G llI1"ORMATlON ON -'l'AX J[ATJl"ERS

The Govemment of th e Independent S'tate of Samoa an d the Govemment of the

Republic of San MBrino · {the "Contracting Parties" d e ~ i n g to conclude an

Agreement CODCern.ing information on tax IDatters, have a.greed as foUo>;\'8:

Article 1

Objoct and Scape or the Agroement

The compétent authorities of the Contracting Parties shaH provide assistance

through exchange of inJormation that is foreseea.bly relevant ro th e administration

and enforeement of the dOlIlestic: laws of the Contracting Pmties conCE:rning taxes

covered by th.ia Agreeolent. Sucb infonnation $hall include information that is

foreseeably relevant to the determination, as.sessment and collection of such taxes,

the recovery and enforeement of tax claims, or the investigation or prc.secution of

ta x matters. Information &hall he excbanged in accordance v,'Îtb the p.:uvisions of

tbis Agreement an d sluùl be treated as con6dentiaI in th e manner provided in

Article 8. The rights an d safeguards secured to persona by the )aws or

administrative prac:tice of the reque:ned party remain applicab1e to th e ext.ent tha t

they do not unduly prevt:nt or delay effective exchange of information.



Article 2

Ju.risdJctiOD

A Requested Party is not obligated to provide infonnation which is n l!ithet- held by

it s authorities nor in, the possession or control of perso-ns who t tr e within it s

territoriaIjurisdiction.

ArtIclll 3

1'alr.es Covered

1. This Agreement shaU appl,y to the followiIlg taxes impo-'Sed by t h r ~ COntracting

Parties.:

a) in the ca,se of San Marino:

the Geoerallncome Tax which is 1ev:ied:

(i) on individualsj

(li) on bodies corporate an d proprietorship

bJ in th e caMe of Samoa:: taxes of every kind and dC5CI'Îption.

2. This Agreement $hall also apply 10 an y identica1 or any substantially similar

·taxes imposed after t h l ! date of sigI'IAture of th e Agreement Ïl:I :addition to or in place

of th e existing ta.Jtcs. The competent authorities of the Contracting Parties $hallnotify each ather of any substalltiaI changes to the taxation and related information

gathering measures covered by th e Agreement.

Article 4

De1lnitions

1. For the pw:posea of ~ h i s Agreelllént. unless otherwise defined:

al the term "Contracting PartY' means the Repubtic of San Marino or the

lndepeo.dent Staté of Samoa. aa th e context requires;

bl the term ·San Marino· meana the territory of the Republic of San

Marino, including any other area within which the Republic of San



Marino, in accoro.ance with intematioJlal Iaw, exerci.s-es soverdgn righm

or jurisdietiol1;

c) the term "Samoa- meaIlS the Independent State of Samoa andthe territorialwaters thereoC;

d} th e t:etm ·CO"lIlpetent authority'" means:

(i) in San Marino, th e Ministry of Fil1ance;

{ii} in Samoa, the Minister of Revenue ('Jr an autb.ruixed rep:restmtative of

th e Mitrister of Revenue;

e) the term < l p t . ' I ' s o n ~ .includes an individual, a company and an y ather

body oC persons;

f) the œrm · c o w p a n ~ means any body corporate or an y enti.ty that i$

treated as a body corporate for ta x purposea;

g) th e term ·publicly traded. company" me8.Il3 an}' company wboae

principal clas!l of sha.res ill listed on a recognized stock exchang.e pnroded it s listed.

rshares can be readily purc:hased or sold by th e public. Shares can 'be purchased or

80ld "by the public· i f th e purcha.ae or sale of shares is no t implicitly or explicitly

restricted to a limited. group ofinvestors;

hl the term. "principal claa$ of sb.ates- means the c l a ~ or {:lasses of

~ s repreaenting a majurity of the voting power and value of the company;

i) thl'.! tenn . ~ stock exchange" means 8J1y stock exchange

agreed Upon by thl'.! competent authorities of the Contracting Parties;

j) the term. ·collective inllestment fund or scheme· tlleaJ:l$ ally pooledinvestment veltide, î r r e s ~ t i v e of legs! forro. The term "public collective ir.lvestment

fund or scheme- weans any collective investment fund or scheme prO'Lr.ided the

u.nits, shares or other interçm$ in th e fund Or scheme can be readily purchased ,

soM or redeem.ed by the public. Units, sha.ret; or ather interests in t h ~ ! fund or

scheme can he readîly purchaaed. sold or redeemed "by the pu,blic' i f the purchase,

sale or redem.ption is no1. implicitly or explicitly restricted. ta a limited group of

ÎIlvestars;

kj th e term. -ua- means any ta x te which the Agreement applie$;

l) th e tenn "applicant Parti" means the Contmcting Party I 1 ~ u e s t i n g informatiOn;

m) the teri:n "requested Party" means the Contracting Party n o : q u e ~ t e d toprovide information;



nJ the term "infonnation gathering measures1t

mea.rlS laws and

administtative or judicial procedures that enable a Contraeting Party to obt:aÎ.I1 and

provide th e requested information;0) the ternl - m r o r m a t i o n ~ means any fact, s t a ' b ~ n t or record in any

form whatever;

pl the ter.m. "'criminal tax matters" means. fax matter!'! involviog

intentional conduct which is ]jable 10 prosecution under th e criminel laws of th e

applieant party;

q) the t em l ·criminallaws· means an criminal l ~ desigilated as RUch

under domestic law ilTespective of whether contained in the tax: I a w ~ l . the criminal

code or other statu.tes.

2. As regards the application of this Agreement at any time by a Con'tTacting Party,

any term rtot defined therei.n shall, WÙe$8 the context otherwîse requires, have the

meani.ng tha.t it ha.s at that time under the law ofthat Party, any mesning ullder the

applicable ta x laws of that Party prevailing over a mean.ing given te the term under

ather l aW3 ofthat Pany.

Article 5

Exeh.ange oflDf'ormatioD Upoll Requ8iat

L The competent autharity of the requested Party shan provide upon request by th erequest:ing Party information for th e purposes referred to in Article 1. SlJeh

information shall be exchanged without regard to whet:ht:r the requested Party

needs sucb information for it s own taX purpose:s or the conduct being investigated

would cocstitute a crime Wlder the laws of the requested pâl'ty i f it ha d occwred in

the temtory of The recluested Party. The competent authority of the requestin& party

$hal l only maIœ a request for înformation pursuant ta this .,rode wh-en it Î$ unable

to obtain the requesb!d information by other ~ , I!!::lœept where re::ourse 10 such

mea.ns would give r iS(1 10 disproportionate difficulty.

2. rI the information in the possession of th e competent authority of the requested

Party is not suflicient to enable it ta comply with th e requeat for information, that

Party shall use al l relevant information gatbering measures ta proviru! th e applicant



party witb th e infcn:mation requested, notwithstanding that l:he requc::sted party ma y

not need such information for it s own ta x purposes.

3. If specifically requested. 1)y th e competent aùthority of th e appli('!ant Party, th e

competent authority of the requested Party shall provide. information under tlùs

Article, to th e men t allowable umier it s dome&tie laws, in the COrtil of depositioIl$ of

witnesses and authenticated copies of original recorda.

4. Ea.ch Contracting Party shal1 ensure that its competent authorities for th e

purposes specifi.ed in Article 1 of the Agreement, have th e Iluthorit)' te obtaîn and

provide upon request:

al information beld by banks, ether financ:i4l institutions, and any

persan acting in an agency or fiduciary capacity including nominees and trUstees;

b) information regardjng the awnenhip of comparues, partnerships,

trusts, foundations, -An.stalten- and other per.soDS, ine1udini!, within the

constmints of Artic:le 2, ownersh.ip information on al l such pt.."I'SOns in an ownership

chain; in the case of tnlsts, information on $Cttlors, trustees and beneD:cia.ries; an d

in the case of ibundations. infonnation on founder.i, member.J of the foundati,on

council and beneficîaries. Further, fuis Agreement does net c:reate an obligation on

th e Contraeting Parties to obtain or provide ownersh:ip information with respect ta

publicly traded comparues Or public collective învestment fu.nd.$ or schemes unless

such information cao. be obtained witbout giving rise ta dispropartiona.te difficultiel3o.

5. Any request fo r infannation ahall be formulated. with the: greatest dl!taù possible

and shall specify in 'Nliting:

(a) th e idcntity of th e person under examination or i n v e s t i ~ \ t i o n ; (b) a ste,tement of th e information aought inc1uding it s nu_tUre and the

form in which th e applicant Parly wishes ta receive th e information from the

requested Party;

(e)th@:

ta x purpose for which th e information is sought;(d) g r o u n d ~ for believing that th e information requelrted 1s held in th e

~ 1 J . e s t e d Party or is 'in the possession or control of a person within th.@: jurisdicrion

of th e requested tJarty;



(el to the extent 1aJ.own, the name and address of any peJ"'901l believed to

be in possession of the requested information;

ft) a statenlent that th e request is in confot'IIl.tty with the law andadministrative practice" of th e applicant Party. that i f th e requested infonnation

was within the jurisdiction of the applicant Party then the competent authority of

th e applicant Party WOlild he able ta obtain the information under the laws of tht.:

applicant Party or in the normal course of administrative practice an d that it is in

conformity with tbis Agreement;

(g) a statt.:ment that the applicant Party has pursued aU n:tea:IlS available

in ilS own terrltory ta obtain the information, except those that wotùd give tise to

disproportionate difficulties..

6. The competent authority of the requested Party sb.al1 forward the: requested

information as promptly 8.S possible to the applicant Party. Ta ensurt: a prompt

responae, th e competent a.uthority of the requested Party &hall:

al Con.tirm receipt of a request in writing te th e competent authority of

th e applicant Party and rlhall notify th e competent autbority of the appbcant Party

ot deficiencies in the request, i f any, within 60 days of the rec::eipt of the request.

b) I f the competent authority of the requested Party !las been unable ta

ohtain and provide the information within 90 days of reœipt of the r e q u ~ t , including i f it encounter:> o ~ t a c l e s in furnishing th e information or it refuses te

fumish th e infonnation, i t shall immediately inform the applicant Party, ~ l a . i n i n g therea.son for i'ta iuability . the nature of the obstac::les or the .easons for ib) refusal .

Artlcle 6

'raz: RwapdlPlltlons Abroad

1. A Contracting Party may al10w representatives of th e competent authol'ity of the

other Contracting Party te enter th e territory of the !irst-ruentioned Party to

interview individuals and I ~ e records with th e written consent of thé persons

concerned.. The competent a.uthorlty of the second-mentioned Parly shan ll.Ot:i:JY th e

coIllpetent authority of the first-mentioned Party of th e time an d place of th e

:meeting wim th e i n d i ~ d u a 1 s coneerned.



2. At th e requestofth(! çempetent authority of ooe CCI1tracting Par ty, 1he competent

authority of the ether Contracting party rnay allow represenœ.tives of the competent

authority of th e f i r s t ~ D l e I l t i o n e d Party to be pte:':ietlt at the a p p r o p r i a . k pan or a bu:

exanlÎnation in the s e c o n d ~ m e n t i o n e d f'arly.

3. I f the request r e f e r r l ~ to in paragraph 2 is accl'!ded to, the competeT.lt authority of

the Contrat:ting Party conducting th e examination shall, as 8ôOl.'l. M p!lSS1'"ble, notify

the competent authority of the other Party about th e 1:ilne and place of the

examination. th e autbarity or official designated ID carry out the exa:rnination an d

th e procedures and conditions required 'by the f i r s t ~ m e n t i o n e d Party for the conduct

of the examination. Ali decitrions with respect [0 th e conduct of the taJi: e:xamination

shall he :made by th e party conducting the examjna:tion.

Article 7

Poulbility of DeclfDfDg a Request

1. The competent autbority of th e requested Party ma y decline co a s s i & ~ : (al where the request is not made in conformity with this Agreement;

(b) wh.ere the requesting Party bas not pursued e.ll mea.I1$ available in ira

ow n territory to obtain the information, exœpt where recourae to sueb C I l ~ would

give rise to disproporti.(mate difficulty; or

(c) where the disclosure of th e :informatfuc requesf.ed would he contraryto public policy.

2. The provisions of this Agreement shall not impose on a Contracting Party tb e

obligation tn supply information which wOlÛd cüsclose an y trade, bu.siness,

~ d u s t r i a 1 , commercial or professional secret or trade pnx:E:Ss. Notwithstanding the

foregoing, information of the type referred. to în Article S, paragraph 4 shall not be

treated as such a secret or trade procesa merely becausc it m e t ~ t s the cliteria in that

paragcaph.

3. The provisions of this Agreement shali not ixnpose en a Contracti:o.g Party the

obligation to obtain or provide information, which would reveal confidential



communications between a client and an attorney, solicitor or Qtber adr:!Ûtted legal

representative whete 8uch communications are:

(a) pnxIuced for th e purposcs of seelting or providing legal advi.ce; or

{bl produced for th e pu.rposea of uae in existing or contemplated legalproceedings.

4. The requested Party ma y decline 3. requC$t fOT information ü the disclo!lure of the

information would he CODtraty to public po1iey {otdre publicl ·

5. A request for lnfonnation shall not be refused on th e ground tha t the: ta x claim

giving rise to the request is disputed.

6. '!he requested Party

Olay d.eclîne arequest far information ü' the information is

requested by the applicant Party to administer or enforce a provision of the t.8lI: law

of the applicant Party, or any requirement connected therewîth, which discrimin.ates

against a natio:nal of the requested Party as compared witl1 e. natlo:nal of th e

applicant Parly in the salue circumstances,

Artlçle 8

eonfidea.tiallty

Any information reœived by a Contracting Party ~ this A_g:reement shall be

treated as confidential and may be disclosed only ta per:JClnS or i lUthOrit ies

(including courts and administrative bodies) in the jurisdietion of th e CDnt:rac:ting

Party concemed with the assessment or collection of, th e enforcement or

pro5eCution in respect of, or the determi.na.tion of appetÙ5 in :n-Jation to , the t.a.li;:es

i m p o ~ by a ContractIng Party. Such persans or authorit:ù!s shall use 8uch

information only for 8uch purpo8e$, They may discJose the informatiOn in publie

coun proceedings. or in judicial decisioDs. The iniarmation may Jlot he disclosed to

an y other person or entity or authority or any other juriadiction without th e express

written consent of the competent authority of the requested Party,



Incidence of ordinary ("Osts incuned in providing assistance :Wall he c : ~ by the

Coutracting Parties. E:rt:raordînaly costs incurred in providing assistrll1ce shall be

borne by th e requesting P ~ .

Article 10

Implell1esltatlon J"epslatlon

The Contracting P a r t i ~ shalI ena.ct any 1egi.slation necessary te comply with, and

give etIect 00, the terms of th e Agreement.

Artiele 11

Mutual agreomètlt procedure

1. Where ctifficulties or doubts arise between th e Purties r(:garding th e

impleroentation or iD terpretation of thi$ Agreement, the respecti,,"c competent

authoritiea shall endea.vour ta resolve th e matter by mutual &!greement

2. In addition to t h l ! e . g r ~ e n t s referrecl ta in paragrrtph 1, th e competent

authorities of th e Contracting Parties ~ y nlutually agree on the pfOGedUres w he

used under Articles 5 <Lod 6.

3. Th e competent authorities of th e Contracting Parties way wmmunicate with each

other directly faT pUI"p(lSeS of reaching a.greetl1ent under this Article.

Arlicle 12

E.a.try lnto Force

1. Each of th e Partie."i shall notify th e other Ut wrlting of me COIllI)lelian of th e

procedures required by it s la w far th e entry into force of this Agreemen-t..



2. The Agreement shall enter into force on the thirtieth dey Biter th e receipt of the

1ater of these notifications aIld 5hall tlu:reupon have effect

(a) {or C1"ÎJllin81 t8X matter& on tha.t date;

(hl for an other matters covered in Article 1, on that date, for taxable periode

beginning on or after the first day of JanualY of the year nert following the date on

_bich the ~ m e n t entera into force, or where thl!!re ia rI.O taxabl,: period. for aI l

charges to ta x ari$irlg on or aftet- the first day of January of th e year nen following

th e date on which the Agreement enters into force.

_ 1 3

1. This Agreement shaIl remain in force until tenDinated by a Parly. Either Party

may terminate th e Agreement by giving written notice of 1:ernrination to the othl!!r

Party. In such case, the Agreement shall cease to have efrect on the first day of the

month folloVling the end of th e period of s.ht months after th e date of receipt of

notice of t:ermination by th e other Party,

2. In th e event o'! termina.tion, bath Parties sba1l remain bound by th e provisions of

Article 8 with respect ta any information obtained under the Agreement

In WITNESS WHEREOF. the undersigned heing duly authorized thereto have sigoed

the Agreement.

Done at Los Cabas this A ~ da.y of September 2009. in duplieate in the &glisb

language.

For the Government thl!! Goverru:oent

U b l i ~ n Marino

- - ~ -

tiea agreement between san marino and samoa

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