P R O T O C O L

———

AMENDING ARTICLE 26 OF THE CONVENTION BETWEEN THE UNITED STATES OF AMERICA AND THE SWISS CONFEDERATION FOR THE AVOIDANCE OF DOUBLE TAXATION WITH RESPECT TO TAXES ON INCOME, SIGNED AT WASHINGTON ON OCTOBER 2, 1996

‍

THE UNITED STATES OF AMERICA

AND

THE SWISS CONFEDERATION

‍

Desiring to conclude a Protocol to amend the Convention between the United States of America and the Swiss Confederation for the Avoidance of Double Taxation with respect to Taxes on Income, signed at Washington on October 2, 1996 (hereinafter referred to as the "Convention"),

Have agreed as follows:

‍

Article 1

Paragraph 2 of Article 26 (Exchange of Information) of the Convention shall be deleted and replaced by the following provisions:

"2. Any information received under paragraph1i 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 administration, assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of such functions. 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. Notwithstanding the foregoing, information received by a Contracting State may be used for other purposes when such information may be used for such other purposes under the laws of both States."

‍

Article 2

1. This Protocol shall be subject to ratification in accordance with the applicable procedures of each Contracting State and instruments of ratification shall be exchanged as soon as possible.

2. This Protocol shall enter into force upon the exchange of instruments of ratification. Its provisions shall have effect:

a) in respect of exchange of information on or after the first January of the year following the entry into force of this Protocol;

‍

DONE at Washington, in duplicate, this [DATE], in the English and German languages, the two texts having equal authenticity.