AGREJI!

MB1ifT
IlETWEEIf
THE GOVElUBIEl'lT 01' "I"Hte nm:PElO::)ERT STA1."E OF SAJlOA
AND
THE GOVERl'IlIIMT OF
TIlE lUtPUBLlC OF SAl'I JIARIlIIO
COBClUQl(G DIP'ORIIlATlON ON TAX XA"li'TER8
The Government of the Independent State of Samoa and the Oove:rT1ment of the
Republic of San MArino (the "Contractiog Parties1. deming to cOIlclude an
Agreement concerning information on tax IDatters, have agreed as o U o ~ 8 :
Article 1
Objoct: and Scttpe of' tbe AgrClement
The competent authorities of the Contracting Parties shall provide assistance
through exchange of inJormation that is foreseeably relevant 10 the administration
and enforcement of the dOtnestic: laws of the Contrac:ting Parties concerning tar.es
covered by this Agreeolent. Suc:h information $hall includt: 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 prcosecution of
tax matters. Information shall be exchanged in accordance "lith the J7.covisions of
this Agreement and shull be treated as confidential in the manner provided in
Artic:le 8. The right!J and safeguards secured to pernonu by the laws or
administrative practic:e of the requested Party remain applicable to the extent that
they do not unduly prevent or delay effective exchange of information.
Article 2
Ju.ris4tctiOD
A Requested Party is not obligated to provide infonnation which is nl!.ither held by
its authorities nor in the possession or control of persons who ttre within its
territorial jurisdiction.
1. This Agreement shall apply to the following taxes impo-'3Cd by th,' Contracting
Parties:
a) in the case of San Marino:
the General Income Tax: which is levied:
Ii) on individuals;
(iiI on bodies corporate and proprietorship
bJ in the case of taxes of every kind and dcscriptiOI1.
2. This Agreement $hall also apply to any identical or any substan.tially similar
taxes imposed after tbl! date of signature of the Agreement iI=I addition to or in place
of the existing The competent authorities of the Ccn:tracting Parties
notify each other of any substa:atial changes to the tm:a.tion and related information
gathering measures covered. by the Agreement.
Article 4
De1Inftions
1. For the Pw:p0&e8 of Agreeml!:nt. unless otherwise defin!d:
a) the term "Contracting PartyI' means the Republic of San Marino or the
Independent State of Samoa. as the context requires;
b) the term San Marino means the territory of the Republic of San
Marino. including an, other area within which the Republic of San
Marino, in accordance with international law, sovcndgn rights
or jurisdictioJ1;
c) the term "'Samoa. IIleans the Independent State of samoa. and
the territorial waters thereof;
d) the tetm co:cnpetent authority'" means:
(i) in San Marino, the Ministry of Fil1ance;
(ii.) in Samoa, the Minister of Revenue or an authonxed represtmtative of
the MiItister of Revenue;
e) the term "'pt.-rson'" _includes an individual, a company and any other
body of persons;
t) the term "company- means any body corporate or any entity that is
treated as a body corporate for tax purposes;
g} the term "pub1U::ly traded company" means any company whose
principal clas!. of shares ill listed on a recognized stock exchang.e 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;
b) the term "'principal claas of sbate3" means the or dasses of
shares representing a majurity of the voting power and value of the company;
i) the texm stock exchange" means arty stock exchange
agreed upon by the competent authorities of the Contracting ParW-...si
j) the term. collective in'lfestment fund or schemel means any pooled
investment vehicle, iI"resJl:.tive of legal fonn. The term "public collective wvestment
fund or scheme- means any collective investment fund or scheme provided the
u.nits, shares or other in the fun.d Or scheme can be readily purchased,
sold or redeemed by the public. 'Units, shares m" other interests in fund or
scheme can be readily purchased, sold or redeemed "by the publW if the purchase,
sale or redemption is not implicitly m" explicitly restricted to a li:mited group of
investors;
k) the term "tax- means any tax to which the Agreement applie$;
1) the term "'applicant means the Contracting Party l"1!questing
information;
m) the terin "requested Party" means the Contracting Party to
provide information;
ttJ the tenn "information gathering measures" mea.ns laws and
administrative or judicial procedures that enable a ContrActing Party to obt::airt and
provide the requested inonnation;
. 0) the terDl "'information" means any fact, or record in any
form whatever:
p) the term "criminal tax. matters" means lax involviog
intentional conduct which is liable to prosecut::ion under the criminal laws of the
applicant party;
q) the term criminallaws means all criminal designated as such
under domestic law uTespeetive of whether cont1lined in the tax the crimi.nal
code or other statutes.
2. As regards the application of this AgreeIJ1eJ1t at any time by a Con'lJ'acting Party,
any term I10t 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 tenn under
other laws of that Party.
Article 5
Eltehange oflDJ'ormatioD Upoa. Requellt
1. Tbe com:petent authority of the requested Party shall provide upon request by the
requesting Party information for the purposes referred toO in Article 1. Such
information shall be exchanged without regard to whetht:r 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 requ.ested pw'ty if it bad occlUl'Cd in
the tenitory of the feC{Uested Party. The competent authority of the requesting party
shall only make a request for information pu.rsuant to this .'rticle wh-en it is unable
to obtain the requesttd information by other toeaI19. where re::ourse to such
mea.n:s would give rise to difficulty.
2. tf the information in the possession of the competent authority of the reque$ted
Party is not sufficient to enable it to comply with the requeat (or information, that
Party shall use all relevant informatioIl gathering measures to provirul the applicant
party with the information requested, notwithstanding that the requc::sted Party may
not need such infornuilion for its own tax purposes.
3. If specifically requested 1)y the competent authority of the appliGant Party, the
competent authority of the requested Party shall provide information under this
Article, to the extent allowable under its dom@stic laws, in the fOrm of depositions of
witnesses and authenticated copietl of original records.
4. Each Contracting Party sbal1 ensure that its competent autborities for the
purposes specified in Article 1 of the Agreement, have the nuthorit) to obtain and
provide upon request:
a) informaticm held by banks, other financial institutions, and any
person acting in an agency or fiduciary capacity including nominees and trustees;
b) information regarding the ownership of companies, parmerships,
trusts, foundations, IIAn$talten- and other per.sons, inc1udinl! , within the
consttaints of Article 2, own.ers.b.ip infon:uation on all such :pt!rsons in an ownership
chain; in the case of trUsts, infonnation on tJettiors, austees and and
in the case of ilundations. information on rounders, mer.o.beB of the loundation
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 fund9 or &::hemes unless
such information 0Ul be obtained without giving rise to dispropartioml.te difficUlties,
5. Any for information ahall be formu.le.ted. with the: greatest 11f!tall pQS81blf!
and shall specify in WJiting:
(aj the identity of the person under examination or investi&!=ttion;
(b) a statement of the information sought including its nn.ntre and the
form in which the applicant Party wishes to receive the information from the
requested Party;
(e) thl!: tax putpO$C for Which the information is sought;
(dJ for believing that the information Tequer;rt.ed is held ill the
n:quested Party or is ill the posa.i!:&$;ion or control of a person within jurisdiction
of the requested t=tarty;
(e) to the extent mown, the name and address of any person believed t(t
be in possession of the requested information;
(1) a $ta.teIIlent that the request is in conformity with the law and
administrative practice" of the applicant Party. that if the requested information
was within the juri$diction of the applicant Party then the competent authority of .
the applicant party would be able to obtain the information under tht: laws of the
applicant party or in the normal course of administrative practice and that it .i.s in
conformity with this Agreement;
(g) a statement th.a.t the applicant Party ha& 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 possibll!: to the applicant Party. To ensur(! a prompt
responBe, 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. !lball notify the competent authority of the appl:icant Party
of deficiencies in the request, if any, within 60 days of the rec::eipt 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 recci?t of the request,
including if it encounter:; in furnishing the information or it refuses to
furnish the infon:o.ation, it shall immediately inform the applicant Party, .explaining
the-reason for its inability. the nature of the obstac::les or the reasons for it) refusal .
ArtIcle 6
Tax Enlpd,.tlons Abroad
1. A Contracting Party may anew representatives of the competent authOlity of the
other Contracting Party to enter the territory of the first-mentioned Party to
intenriew individuals and records with the written conSE:nt of tht: persons
concerned.. The competent authority of !be 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 oEm(! c;ompetent authority of Ol'le Contracting ?arty, 1he competent
authority of the other Contracti:ag party may allow represenlll_tives of the competent
authority of the Party to be present at the appropriak, part of a W:x
examination in the 'Patty.
3. If the request referrl!:d to in paragraph 2 is acc:l!ded to, the competent authority of
the Contracting party conducting the examination sb.all. as &')On M p!3ssible. notify
the com.petent authority of the other Party a"bout the rune and place of the
examination, the autbority or official designated to carry out the e:xa:mination and
the procedures and conditions required by the Party for the conduct
of the examination. All decisions with respect to the conduct of the tali; examination
shall be made by the party conducting the examination.
Article 7
Poulbility of DecliDiDg a Request
1. The competent authority of the requested Party may decline to assist:
(a.J where the request is not made in conformity with this Agreement;
(b) where the requesting Party has not pursued all weans available in its
own territory to obt:.a..io. the information, ext:ept where recourse to liuch would
give rise to disproporti(lnate difficulty; or
(cl where the disclosure of the information requested would be contrary
to public policy.
2. The provisions of this Agreement shall not impose on a Contracting Party the
obligation in supply information which would disclose any trade, bu.siness,
commt:rcial or professional secret or trade process. Notwithstanding the
foregoing. information of the type referred. to in Article 5, pamgraph 4 shall not be
treated as auch a secret or trade proceaa merely because it ma..>t.s the cliteria in that
paragcaph.
3. The provisions of this Agreement shall not ixnpose on a Contraeti:o.g Party the
obligati.on to obtaiIi or provide information, which would reveal confidential
communications between a client and en attorney, solicitor or other aduitted legal
representative wheTe such communications are:
(a) produced for the pUrpOses of seeking or providing legal advice; or
(b) produced for the purposes of Uge in existing (JC" contemJ:.lated legal
proceedmgs.
4. The requested Party may decline a. request for information if the c1iscloQure of the
information would be cotltraty to public poliey {otdre public}.
5. A request for inIonnation shall not be refused aD the ground that tax claim
giving rise to the request is disputed.
6. The requested party OIay decline a request for information if the information is
requested by the applicant Party to administer or enforce a provision of t he talC: law
of the applicant Party, or ;my requirement connected therewith. which disc:rimin.ates
against a na.tio:na1 of the requested Party u compared with e. natio:nal of the
applicant Party in the same circumstan.ces.
Artlc::1e 8
CoDlldeatiallty
Any infonnation receiv(ld by a Contracting ?arty under this Agreement shall be
treated as confidential aod may be disclosed only to per:JOns or
(including courts and adrninis:tra.t:.ve bodies) in the jurisd:ietion of the C.Dntracting
Party concerned with the assessment or eollection of, thfl enforcement or
prosecution in respect of, or the determina.tion of appeals in relation to, the
impo$Cd by a Contrading Party. Such petSOI1$ or a1.lthoritlts shall use s.uch
inforwation only for such purposes. They may disclose the in.formatiOn in public
coun proceedings. or in judicial decisioDs. 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 or the requested Party.
. ,'
.... lele 9

Incidence of ordinary c'Osts moUlTed in providing assistance shall be ,,!greed by the
Contracting Parties. E:rtraord.inaIy costs incurred in providing assistance shall be
l:x'>rne by the Party .
Arocle 10
lmpJeJl1UltatlOll J.eclslatlon
The Contracting shall enact any legislation necessazy to comply with, end
give effect to, the terms of the Agreement.
Art1e1e 11
Mutual agreomaut procedwe
1. Where difficulties or doubts arise between the Purties rt:garding the
impleroentation or in rerpretation of this Agreement, the competent
authorities shall endea.vour to resolve the matter by mutual Elgreement.
2. In addition to tJl!! referred to in paragmph 1, the competent
authorities of the Contracting IIlllY nlutually agree on the prOi!edures w be
used under Articles 5 Hod 6,
3. The competent authorities of the Contracting Parties way wmmunicate with each
other directly fOT PUllXlSeS of reaching a,g:reement under this Article.
AftIclo 12
Eot.y IaOo Force
1. Each of the PartiC!io shall notify the other in writing of the colllJ:>letion of the
proceduTe5 required by its law fOl" the entry inOO force of this Agreement.
2. The Agreement shall enter into force on the t:b.irtieth day after the receipt of the
later of these notifications aIld 5haIl thereupon have effect:
(8) {or crirnina1 tax matters on that date;
(b) for all other ma.tters covered in Article I, on that date, for taxable periods
beginning on or after the first day of Janwuy of the year nat. following the date on
which the Agreement enters into force, or where there ia no taxable period, fQT all
charges to tax ari$i.tlg on or aftet- the tint day of Januaxy of the year next following
the date on which the enters into force.
_13
TermluatjotL
1. This Agreement shall remain in force until terminated by a Parly. Either Party
m..ay tetminate the Agreement by giving written notice of tel'Dlination to the other
Party. In such case, the Agreement shall cease to have e&ct 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 0. tennina.tion, both Parties eba11 remain oound 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 at Los Cabos this day of September 2009. in duplicate in the English
language,
For the GcJvernment the Govem.roent
Marino