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 covered by the Agreement insofar as the taxation there under 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) involved in the assessment or collection of, the enforcement or prosecution in respect of,  or the determination of appeals in relation, the taxes covered by the 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 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 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

           Each Contracting States shall notify the other Contracting State in writing through diplomatic channels the completion of its legal requirements for the entry into force of this Agreement. The Agreement shall enter into force upon the date of the latter notification of the said two notifications and its provisions shall have effect:

           (a)       in Thailand

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

                                   paid or remitted on or after the first day of January next

                                   following that of the entry into force of this Agreement;

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

                                   accounting periods beginning on or after the first day of

                                   January next following that of the entry into force of this

                                   Agreement;

           (b)      in Nepal

                      in respect of income derived on or after the first day of

                      Nepalese fiscal year next following that of the entry into force of

                      this Agreement;

ARTICLE 29
TERMINATION

           This Agreement shall remain in force indefinitely, but either of the Contracting States may, on or before 30th June in 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 diplomatic channels, written notice of termination.

           In such event the Agreement shall cease to have effect;

           (a)       in Thailand

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

                                   paid or remitted on or after the first day of January next

                                   following that in which the notice is given;

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

                                   accounting periods beginning on or after the first day of

                                   January next following that in which the notice is given.

           (b)        in Nepal

                        in respect of income derived on or after the first day of

                        Nepalese fiscal year next following that  in which the notice of

                        termination is given.

           IN WITNESS WHEREOF, the undersigned duly authorized thereto, have signed this Agreement.

           Done in duplicate in Bangkok on this 2nd day of February One thousand Nine hundred and Ninety-eighth Year of the Christian Era, in the English language.

PROTOCOL

           At the time of  signature of the Agreement  between  the  Government of the Kingdom of Thailand  and  His  Majesty’s  Government  of Nepal 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 provision shall form an integral part of the Agreement.

           The term “technical services” as used in Article 12  means the rendering of any managerial, technical or consultancy services (including the provision by the enterprise of the services of technical or other personnel). The term, however, does not include any construction, assembly or similar project undertaken by the recipient, any service which would   fall under Article 7 or Article 14 of this Agreement, as the case may be,  after-sales service for services rendered by a seller to the purchaser under a guarantee or pure technical assistance. 

           IN WITNESS WHEREOF, the undersigned duly authorized thereto, have signed this Agreement.

           Done in duplicate in Bangkok on this 2nd day of February One thousand Nine hundred and Ninety-eighth Year of the Christian Era, in the English language.

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