1. [Categories] Information which Focal Points may exchange, subject to , includes, but is not limited to information taken from databases maintained by public authorities or private entities on taxes, bank accounts, financial securities, businesses, companies, trusts and foundations and similar legal arrangements and entities, real estate, vehicles and other movable equipment, and intellectual property rights.
2. [Both sides] Focal Points shall exchange information which is available under the domestic law of both Parties for verifying asset declarations.
, one Focal Point may voluntarily provide information to another Focal Point which is only available under the domestic law of the latter Focal Point for verifying asset declarations.
1. [Targeted verification] The requested Focal Point shall provide upon request information for the purpose of targeted verification.
2. [Request] The requesting Focal Point shall furnish the following particulars to the requested Party to demonstrate the foreseeable relevance of the information to the request:
a)
the identity and position of the declarant whose asset declaration is verified (including personal identification numbers or similar unique identifiers);
b)
a statement of the information sought including its nature and the form in which the requesting Focal Point wishes to receive the information from the requested Focal Point;
c)
a statement that the request is in conformity with the law and administrative practices of the Party establishing the requesting Focal Point, that if the requested information was within the jurisdiction of the requesting Focal Point then the authority conducting the verification would be able to obtain the information under the laws of the requesting Focal Point or in the normal course of administrative practice, and that it is in conformity with this Treaty;
d)
a statement that the requesting Focal Point has pursued all means available to it under its law to obtain the information, except those that would give rise to disproportionate difficulties.
3. [Template] The Parties agree on a template for requests to be used by a requesting Party. The Focal Points can anytime agree bilaterally or multilaterally to change the template, which is annexed to the present Treaty.
4. [Obtaining information] The requested Focal Point shall use all relevant information gathering measures to provide the requesting Focal Point with the information requested.
5. [Promptness] The requested Focal Point shall forward the requested information as promptly as possible to the requesting Focal Point. To ensure a prompt response, the requested Focal Point shall confirm receipt of a request to the requesting Focal Point and shall notify the requesting Focal Point of deficiencies in the request. 6. [Feedback] If the requested Focal Point has been unable to obtain and provide the information within 30 days of receipt of the request, including if it encounters obstacles in furnishing the information, it shall immediately inform the requesting Focal Point, explaining the reason for its inability or the nature of the obstacles and until when it expects to furnish the information.
7. [Central record] RAI Secretariat facilitates that a central record of public registries available by each Party is established and regularly updated.
8. [Random verifications] Focal Points of two or more Parties may agree on a case-by-case basis to exchange information for the purpose of random verifications.
Parties may establish mechanisms of automatic exchange of data. To this end, Focal Points may regulate separately issues of procedure and technical details, including information security.
1. [Grounds] The requested Focal Point can decline to obtain or provide information:
a)
[Domestic legality] which the requesting Focal Point would not be able to obtain under its own laws for purposes of verifying its own asset declarations;
b)
[Legality] if the request is not made in conformity with this Treaty;
c)
[Ordre public] if the requested Focal Point considers the disclosure of the information to be contrary to the ordre public or other essential interests of the Party having established it;
d)
[Quantity] if the requested Focal Point considers that the overall amount of requests received by it from Focal Points in the past twelve months exceeds the number it can reasonably administer;
e)
[Impossibility] if it is de facto impossible for the requested Focal Point to obtain the data (Article 4 paragraph 6).
2. [Feedback] If a Focal Point decides to decline a request in accordance with
1. [Online databases] Authorities of one Party may research and use information available online to anybody in public or private registries available in the territory of another Party if the authorities use this kind of information under their domestic law for verifying asset declarations.
2. [Central record; language] RAI Secretariat facilitates that a central record of freely available online databases by Parties is established and regularly updated. If such databases do not provide of an English language interface, Parties may provide each other support through measures such as translated interfaces.
3. [Databases with limited access] If information in state registries is available online to any citizen of one Party under certain restrictions (such as registration requirements, access fees, or usage limitations), that Party can provide other Parties direct access to these databases. Parties shall consider concluding bilateral arrangements, such us memoranda of understanding, to regulate further details.
4. [Access to declarations] In order to facilitate the foreign use of asset declarations, each Party shall consider strengthening efforts to make data from the declarations it holds freely available online to the extent the public has the right to access it. Each Party shall also consider strengthening efforts to establish online databases allowing users to access the declarations through an English language interface in addition to the official language or languages of the Party.
One Focal Point may without prior request transmit to another Focal Point information that has come to the attention of the first-mentioned Focal Point and that this first-mentioned Focal Point considers foreseeably relevant to the accomplishment of the purpose of the Treaty referred to in
1. [Data protection] Any information obtained by a Focal Point shall be treated as confidential and protected in the same manner as information obtained under the domestic law of the respective Party and, to the extent needed to ensure the necessary level of protection of personal data, in accordance with the safeguards which may be specified by the supplying Focal Point as required under its domestic law.
2. [Circle of disclosure] Such information shall in any case be disclosed only to persons or authorities (including courts and administrative or supervisory bodies) concerned with the verification of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the veracity of asset declarations of that Party, or the oversight of the above. Only the persons or authorities mentioned above may use the information and then only for such purposes. They may, notwithstanding the provisions of
, disclose it in public civil or administrative court proceedings or in judicial decisions of civil or administrative courts relating to asset declarations.
3. [Open data] do not apply to information obtained under
, lit. f. In particular, the Focal Point shall make and receive requests for information, and shall either provide the requested information or collect it from the competent domestic authorities.
2. [Regions] If a Party has a special region or territory with a separate system of verifying asset declarations, it may designate a distinct Focal Point having the same function as described in
3. [Statistics] Focal Points shall publish annual statistics on the requests made and received by them in their official language and in addition, to the extent possible, in English language.
4. [Domestic powers] Upon ratification, acceptance or approval of this Treaty by one Party, legal powers of its Focal Point and of the other authorities it cooperates with to obtain information for the verification of asset declarations of domestic declarants extend to information exchanged under this Treaty.
Assistance granted under this Treaty is free of cost. Incidence of costs incurred in providing assistance in exceptional cases shall be agreed by the Focal Points involved prior to the exchange of data. National legislation of the Party of the requested Focal Point regarding the incidence of costs applies.
Requests for assistance and answers thereto shall be drawn up in English, or any other language agreed upon bilaterally between the Focal Points involved, or in the language of the requested Focal Point.