ARTICLE 26
Mutual Agreement Procedure

1.         Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Convention, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of the Contracting State of which he is a resident or, if his case comes under paragraph 1 of Article 25, to that of the Contracting State of which he is a national. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Convention.

2.         The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the Convention.

3.         The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of the Convention. They may also consult together for the elimination of double taxation in cases not provided for in the Convention.

4.         The competent authorities of the Contracting States may communicate with each other directly for the purposes of reaching an agreement in view of application of the provisions of this Convention. When it seems advisable in order to reach agreement to have an oral exchange of opinions, such exchange may take place through a Commission consisting of representatives of the competent authorities of the Contracting States.

ARTICLE 27
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 Convention or of the domestic laws of the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1. Any information received 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 the Convention. Such persons or authorities shall use the information only for such purposes.

2.         In no case shall the provisions of paragraph 1 be construed so as to impose on a Contracting State the obligation:

            (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 (ordre public).

ARTICLE 28
Diplomatic Agents and Consular Officials

            Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements.

ARTICLE 29
Entry Into Force

            This Convention shall be approved in accordance with the constitutional procedures in force in the respective Contracting States and shall enter into force upon the 30th day after the date of the exchange of notes indicating that the necessary formalities have been completed in both states, and shall have effect:

            (i)         in respect of withholding taxes, to the amounts payable on or

                         after the 1st of January, in the calendar year next following

                         that in which the Convention enters into force;

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

                        accounting periods, beginning on or after the 1st of January

                        of the calendar year next following that in which the

                        Convention enters into force.

ARTICLE 30
Termination

            This Convention shall remain in force indefinitely but either Contracting State may terminate the Convention, through diplomatic channels, by giving to the other Contracting State, written notice of termination on or before June 30 of any calendar year from the fifth year from the year in which the Convention entered into force. In such event, the Convention shall cease to have effect:

            (i)         in respect of withholding taxes, to the amount payable on or

                        after the 1st 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 the taxable years and

                         accounting periods beginning on or after January the 1st of

                         the year next following the year in which the notice of

                         termination is given.

            In witness whereof, the undersigned duly authorized thereto, have signed this Convention.

            Done at Bucharest on 26th June 1996, in two originals, each in the Thai, Romanian, and English languages, the three texts being equally authentic. In case there is any divergence of interpretation between the Thai and Romanian texts, the English text shall prevail.

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