ARTICLE 26
EXCHANGE  OF  INFORMATION

1          The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Agreement. Any information so exchanged by a Contracting State shall be  treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) involved in the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement.  Such persons or authorities shall use the information only for such purposes.  They may disclose the information in public court proceedings or in judicial decisions.

2.         In no case shall the provisions of paragraph 1 be construed so as to impose on one of the Contracting States the obligations :

            (a)        to carry out administrative measures at variance with the

                         laws  and  administrative  practice  of that or of the other

                         Contracting State;

            (b)        to supply information which is not obtainable under the  laws

                         or in the normal course of the administration of that or of the

                         other Contracting State;

            (c)        to supply information which would disclose any trade,

                         business, industrial, commercial or professional secret or

                         trade  process, or  information,   the   disclosure  of  which

                          would be contrary to public policy.

ARTICLE 27
DIPLOMATIC AND CONSULAR OFFICIALS

            Nothing in this Agreement shall affect the fiscal privileges of diplomatic or consular officials under the general rules of international law or under the provisions of special Agreements.

ARTICLE 28
ENTRY  INTO  FORCE

1.         The Governments of the Contracting States shall notify  each other that the domestic laws requirements for the entry into force of this Agreement have been complied with.

2.         The Agreement shall enter into force thirty days after the date of the  latter of the notifications referred to in paragraph 1 of this Article and its provisions shall have effect:

            (a)        in respect of taxes  withheld  at source, for amounts paid  or

                         credited on or after  the first  day of  the second month next 

                         following the date on which the Agreement enters into force;

            (b)        in respect of other taxes, for taxable periods beginning on or

                         after the first day of January next following the date on which

                         the Agreement enters into force.

ARTICLE 29
TERMINATION

            This Agreement shall  continue in effect indefinitely but either Contracting State may, on or before the thirtieth day of June of any calendar year beginning after the expiration of a period of five years from the date of its entry into force, give to the other Contracting State, through the diplomatic channel, written notice of termination and, in such event, this Agreement shall cease to have effect:

            (a)        in the case of United Arab Emirates:

                         as regards income for any taxable year beginning on or after 

                         the first day of January of the calendar year next following that

                         in which the notice of termination is given; and

            (b)        in the case of Thailand:

                         (i)         in respect of taxes withheld at the source, on amounts

                                      paid or remitted to non-residents on or  after  the first

                                      day of January of the calendar year next following that

                                      in which the notice of termination is given;

                         (ii)        in respect of other taxes on income for taxable years

                                      or accounting period beginning on or after the first day

                                      of January of the calendar year next following that in

                                      which the notice of termination is given.

            IN  WITNESS WHEREOF, the undersigned duly authorized thereto, by their respective Governments, have signed this Agreement.

            Done at Dubai, United Arab Emirates on the First day of March, A.D. 2000 corresponding to 1420 H. in duplicate in the Thai, Arabic and English languages, all texts being equally authentic.

            In the case there is any divergence of interpretation of the provisions of this Agreement the English text shall prevail.

PROTOCOL

            At the moment of signing the Agreement between the Kingdom of Thailand and the United Arab Emirates for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed that the following provisions shall form an integral part of the Agreement.

1.         Ad Article 4:

            It is understood that the term “resident of a Contracting State” used in the first sentence of paragraph 1 includes that State itself, any political subdivisions, local authorities or local governments thereof as well as any financial institution of, and controlled by, that State, political subdivision, local authorities or local governments.

2.         Ad Article 7:

            (1)        Subject to provisions of Article 23 of this Agreement, any other provisions shall not affect the right of the Government of a Contracting State, its political subdivisions, local authorities or local governments to apply its own laws related to the taxation of income derived from the petroleum and natural resources. Such activities will be taxed according to the law of that State.

            (2)        With reference to paragraphs 1, 5, 6 and 7, it is understood that the term “profits” refers to income or profits.

            (3)        The provisions of paragraph 3 are applicable irrespective of the limitation provided by the internal laws if the expenses so incurred are directly incidental to the business of the permanent establishment and are deductible expenses under the General Accepted Accounting Principles (GAAP).

3.         Ad Article 8, 10 and 11:

            (1)        It is agreed that if under any Convention or Agreement or Protocol to a Convention or Agreement signed after the signature of this Agreement between Thailand and any member or the State of the Cooperation Council of the Gulf Arab States, or a third State, Thailand accords, as regards to the provisions of paragraph 2 of Article 8,paragraph 2 of Article 10 and paragraph 2 of Article 11, a treatment more favorable than that accorded to residents of the United Arab Emirates under this Agreement, then as from the date on which the relevant Thai Convention or Agreement or Protocol enters into force the same favorable treatment shall automatically apply to residents of the United Arab Emirates Under this Agreement.

            (2)        In case that Thai law has been amended after the signature of this Agreement to a lesser rate, such rate shall be applied to the residents of the United Arab Emirates.

4.         With reference to Article 12, the term “Royalties” does not include payments made to the Government  of  the Contracting States under the concession of mine or quarries or exploitation of natural resources.

5.         It is understood that non-profits organizations of a Contracting State shall be exempted from taxes from the other Contracting State.  The determination of the non-profit organization shall be in accordance with the domestic law of the other Contracting State.

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