Documents or information created on or derived from a date preceding the taxable periods mentioned in Article 14 of the Agreement (hereinafter referred to as “the covered periods”) shall be provided:
- (i)only to the extent that such document or information is foreseeably relevant and of critical importance to an ongoing tax investigation relating to the covered periods; and
- (ii)only if accompanying documents or information not of such foreseeable relevance and critical importance may be redacted prior to being exchanged.
For the avoidance of doubt:
- a)such documents or information may be used only for the purposes of an ongoing investigation or examination of the covered periods;
- b)where a request relating to a criminal tax matter involves bank transactions occurring on or after 1 January 2010 and documents (such as a signature card) for the bank account in question were executed prior to 1 January 2010, the Contracting Parties may exchange such documents; and
- c)where a request involves a trust or a foundation, the Requested Party may provide to the competent authority of the Requesting Party a copy of the deed of settlement or the foundation statutes and/or by laws as the case may be.
