Article 22 Assistance in Recovery

1
• For the purposes of this Article:

``requesting institution" means an institution requesting assistance in the recovery of a social security debt;

``requested institution" means an institution requested to assist in the recovery of a social security debt; and

``social security debt" means a debt incurred under the social security laws of a Contracting Party and, in relation to the Netherlands, includes a debt relating to taxes or contributions levied for social security purposes.

2
• At the request of the requesting institution, the requested institution shall recover social security debts of the requesting institution in accordance with the law and administrative practice for the recovery of its own social security debts. However such claims for social security debts do not enjoy any priority in the State of the requested institution and cannot be recovered by imprisonment for debt of the debtor. Nor is the requested institution obliged to take any executory measures that are not provided for in the laws of the State of the requesting institution.

3
• The provisions of paragraph 2 shall apply only to a social security debt where the chief executive officer of the requesting institution issues a certificate that certifies that:
• • a)the amount of the debt in the currency of both the State of the requesting institution and of the requested institution;
  • b)the debt is a social security debt;
  • c)the provisions of paragraph 5a) have been complied with;
  • d)the provisions of paragraph 6 have been complied with;
  • e)the enforcement of the social security debt is permitted in the State of the requesting institution and citing the relevant legislation authorising its enforcement;
  • f)the request does not contravene the provisions of paragraph 7; and
  • g)any right of review or appeal of the debt under the social security laws of the requesting Party has been exhausted or has expired. For the purposes of this subparagraph a right of review or appeal has expired:
  • (i)if the right has not been exercised within the time limit provided for its exercise; and
  • (ii)irrespective of whether the court or tribunal or body or person that would have jurisdiction in respect of the review or appeal, or any other person, retains a discretion (however expressed in those laws) to allow the right of review or appeal to be exercised after that time.

4
• The obligation to provide assistance in the recovery of social security claims concerning a deceased person or that person's estate is limited to the value of the estate or the property acquired by each beneficiary of the estate, according to whether the claim is to be recovered from the estate or from the beneficiaries thereof.

5
• The requested institution shall not be obliged to take action with respect to the request:
• • a)if the requesting institution has not pursued all means available in its own territory, except where recourse to those means would give rise to disproportionate difficulty; or
  • b)if and insofar as it considers the claim for the social security debt to be contrary to the provisions of this Agreement or of any other Agreement to which both the Contracting Parties are parties.

6
• The institutions may specify a minimum amount of social security debt that may be recovered under the provisions of this Article in the administrative arrangements made in accordance with Article 29.

7
• Issues concerning any period limiting the time in which a social security debt can be enforced shall be governed by the law of the requesting State but the requested country shall not commence action to recover a social security debt if more than 5 years have passed since the debt was first assessed.

8
• The request for administrative assistance in the recovery of a social security debt shall be accompanied by:
• • a)a certification under paragraph 3;
  • b)any other document required for recovery;
  • c)where appropriate a certified copy of any related decision issued by a court or an administrative body.

9
• The rate of exchange to be used for determining the amount of a social security debt in the currency of the State of the requested institution shall be the telegraphic transfer selling rate settled in the State of the requesting institution on the date the certification is made.

10
• If the debtor exercises a right or review or appeal of a debt after a request for its recovery is made under paragraph 2:
• • (a)the requesting institution shall immediately advise the requested institution of the exercise of the right; and
  • (b)the requested institution shall:
  • (i)defer recovery of the debt until notified by the requesting institution that the review or appeal is finally determined; and
  • (ii)take measures to conserve any funds it holds that are attributable to the debtor with a view to recovery of the debt after such notification is received.

11
• Acts of recovery carried out by the requested institution, pursuant to a request for assistance that would have the effect of suspending or interrupting any period referred to in paragraph 7 shall also have this effect under the laws of the State of the requesting institution. The requested institution shall inform the requesting institution of any instances where this situation occurs.

12
• The requested institution or the courts or administrative bodies of the State of the requested institution may allow for payments to be deferred or made by instalments if permitted in similar circumstances under the laws or administrative practices of that institution or State. The requested institution shall inform the requesting institution of any such decision.

13
• The requesting institution shall pay the reasonable costs of any acts of recovery and the requested institution shall advise the requesting institution of the estimated costs on receiving a request and before taking any action for the recovery of the social security debt.

14
• The requesting institution shall be responsible for any pecuniary consequences incurred as a consequence of acts of recovery that are found to be unjustified with regard to the validity of the social security debt.

15
• An amount recovered by the requested institution under the provisions of this Article, less any amounts deductible under paragraphs 13 or 14 shall be transferred to the requesting institution in the currency of the State of the requested institution.