Explanation of Proposed Convention On Mutual Administrative Assistance in Tax Matters : Scheduled for a Hearing Before the Committee On Foreign Relations, United States Senate, On June 14, 1990 Jcs-14-90

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Explanation of Proposed Convention On Mutual Administrative Assistance in Tax Matters : Scheduled for a Hearing Before the Committee On Foreign Relations, United States Senate, On June 14, 1990 Jcs-14-90
United States. Congress. Joint Committee On Taxation
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FORMS OF ASSISTANCE Section I. Exchange of Information Article 4. General provision The convention requires parties to exchange any information that is "foreseeably relevant" to the assessment and collection of tax or the recovery and enforcement of tax claims. The convention also requires parties to exchange any information that is foreseea- bly relevant to prosecution before an administrative authority or initiation of prosecution before a judicial body. Information that is "unlikely to be re...levant" to these purposes shall not be exchanged under the convention.
The convention provides that a party may utilize information ob- tained under the convention as evidence in a criminal court only if prior authorization has been given by the party that supplied the information. The convention also provides that any two or more parties may agree to waive this condition. The Administration has indicated that the United States will seek waivers of this condition on a bilateral basis.
An exchange of information is not permitted after criminal pro- ceedings before a judicial body have begun.


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