Whereas the signatory countries to the multilateral Agreement between the competent authorities on the automatic exchange of financial account information (the Agreement) are parties to, or territories covered by, the Agreement on Mutual Administrative Assistance in Tax Matters or the Agreement on Mutual Administrative Assistance in Tax Matters as amended by the Protocol amending the Agreement on Mutual Administrative Assistance in Tax Matters (the Agreement on Mutual Administrative Assistance) or that these countries have signed or expressed their intention to sign the Agreement on Mutual Administrative Assistance and they acknowledge that the Agreement on Mutual Administrative Assistance must be in force and effective before the first exchange of financial account information takes place;
And whereas the countries intend to enhance international tax compliance by further building on their relationship regarding mutual assistance in tax matters;
And whereas the Common Reporting Standard has been developed by the Organisation for Economic Co-operation and Development (OECD) with the G20 countries to address tax avoidance and evasion and improve tax compliance;
And whereas a country that has signed or expressed its intention to sign the Agreement on Mutual Administrative Assistance becomes a country as defined in Article (2) of this Agreement only when it becomes a party to the Agreement on Mutual Administrative Assistance;
And whereas the regulations of the concerned countries require or are expected to require that financial institutions report information related to specific accounts and follow the associated due diligence procedures, in accordance with the scope of exchange outlined in Article (2) of this Agreement and with the reporting procedures and due diligence procedures specified in the Common Reporting Standard;
And whereas it is expected that the regulations of the countries will be amended from time to time to reflect updates in the Common Reporting Standard and when such changes are enacted by a country, the Common Reporting Standard is considered to refer to the updated version regarding that country;
And whereas Chapter Three of the Agreement on Mutual Administrative Assistance allows for the exchange of information for tax purposes, including the automatic exchange of information, and permits the competent authorities in the countries to agree on the scope and models of such automatic exchange;
And whereas Article (6) of the Agreement on Mutual Administrative Assistance states that two or more parties may mutually agree to exchange information automatically, the exchange of information will be on a bilateral basis between the competent authorities;
And whereas the countries, or are expected to have, from the time of the first exchange implementation (1) appropriate safeguards to ensure that the information received under this Agreement remains confidential and is used only for the purposes specified in the Agreement, and (2) the infrastructure for an effective exchange relationship (including institutional procedures to ensure timely, accurate, and confidential information exchange, effective and reliable communications, and capabilities to resolve any issues or inquiries regarding the exchange or exchange requests without delay and to apply the provisions of Article (4) of this Agreement);
And whereas the competent authorities in the countries intend to conclude an Agreement to enhance international tax compliance based on the automatic exchange under the Agreement on Mutual Administrative Assistance, without prejudice to national legislative procedures (if any), related to the European Union framework (if applicable), and considering the confidentiality and protective measures contained in the Agreement on Mutual Administrative Assistance, including provisions that restrict the use of information exchanged under that Agreement;
Therefore, the competent authorities have agreed to the following: