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 or of the domestic laws of the Contracting States concerning taxes to which the Agreement applies insofar as the taxation under those laws is not contrary to the Agreement.  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) concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes to which the Agreement applies.  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 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.

ARTICLE 27
MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

            Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.

ARTICLE 28
ENTRY INTO FORCE

            This Agreement shall enter into force on the last date on which the Contracting States exchange notes through the diplomatic channel notifying each other that the last of such things has been done as is necessary to give the Agreement the force of law in New Zealand and in Thailand, as the case may be, and, in that event, the Agreement shall have effect:

            (a)        in New Zealand:

                        (i)         in respect of withholding tax on income that is derived

                                     by a non-resident, in relation to income derived on or

                                     after 1 January next following the date on which the

                                     Agreement enters into force;

                       (ii)        in respect of other New Zealand tax, for any income

                                    year beginning on or after 1 April next following the

                                   date on which the Agreement enters into force;

            (b)          in Thailand:

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

                                   paid or remitted on or after 1 January next following

                                    that in which the Agreement enters into force;

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

                                   accounting periods beginning on or after 1 January next

                                   following that in which the Agreement enters into force.

ARTICLE 29
TERMINATION

            This Agreement shall continue in effect indefinitely, but either Contracting State may, on or before 30 June in any calendar year beginning after the expiration of 5 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 that event, the Agreement shall cease to be effective:

            (a)        in New Zealand:

                         (i)        in respect of withholding tax on income that is derived

                                     by a non-resident, on or after 1 January in the calendar

                                     year next following that in which the notice of

                                     termination is given;

                         (ii)       in respect of other New Zealand tax, for any income

                                     year beginning on or after 1 April in the calendar year

                                     next following that in which the notice of termination is

                                     given;

            (b)          in Thailand:

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

                                      paid or remitted on or after 1 January next following

                                     that in which the notice of termination is given;

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

                                      or accounting periods beginning on or after 1 January

                                      next following that in which the notice of termination is

                                      given.

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

            DONE in duplicate at Wellington this Twenty Second day of October One Thousand Nine Hundred and Ninety-eighth year, in the English language.

PROTOCOL

            To the Agreement between The Government of New Zealand and The Government of the Kingdom of Thailand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income.

            At the signing of the Agreement concluded today between the Government of the Kingdom of Thailand and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the undersigned have agreed upon the following provision which shall form an integral part of the Agreement:

            If in any future agreement for the avoidance of double taxation, Thailand should limit its taxation at source on any interest or royalties to a rate lower than those provided for in paragraph 2(c) of Article 11 or paragraph 2(b) of Article 12, Thailand shall without undue delay enter into negotiations with New Zealand with a view to providing the same treatment.

            DONE in duplicate at Wellington this Twenty Second day of October One Thousand Nine Hundred and Ninety-eighth year,  in the English language.

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