TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13179

WINE

Oenological Practices

Agreement Between the
UNITED STATES OF AMERICA
and OTHER GOVERNMENTS

Done at Toronto December 18, 2001

with

Annex

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

MULTILATERAL

Wine: Oenological Practices

Agreement done at Toronto December 18, 2001;
Entered into force December 1, 2002.
With annex.

AGREEMENT
ON MUTUAL ACCEPTANCE
OF
OENOLOGICAL PRACTICES
The Parties to this Agreement,
DESIRING to facilitate international trade and to avoid the application
of obstacles to trade in wine in accordance with the Marrakesh Agreement
Establishing the World Trade Organization of 15 April 1994 (hereinafter the
WTO Agreement);
HAVING an interest in regulating the wine produced as well as
consumed in their respective territories;
HAVING concluded such assessments of each Party's laws, regulations
and requirements in respect to oenological practices as are required by their
respective domestic laws;
HAVING a fundamental and legitimate interest in regulating the health
and safety aspects of wine imported into their respective territories;
HAVING an interest in preventing the use of deceptive labeling
practices;
RECOGNIZING that:
Import restrictions based on oenological practices have been used as obstacles to
international trade;
Oenological practices are the subject of laws, regulations and requirements in
the territories of the Parties and that uniform oenological practices cannot take
account of all local conditions, climatic variations and traditions;
Each Party has established acceptable mechanisms for regulating oenological
practices;
Grape growing and oenological practices will continue to evolve;
AGREE as follows:
ARTICLE 1
Objective
The objectives of this Agreement are:
(a) to facilitate trade in wine among the Parties; and
(b) to avoid, in accordance with the WTO Agreement, the application of
obstacles to such trade,
through the mutual acceptance by the Parties of their respective mechanisms for
regulating oenological practices as provided for in their respective laws,
regulations and requirements.
ARTICLE 2
Multilateral Obligations
Nothing in this Agreement shall limit the rights or obligations of the Parties
under the WTO Agreement.
ARTICLE 3
Scope
1. This Agreement shall be limited to international trade in wine as that
term is defined in Article 4(a) of this Agreement.
2. Nothing in this Agreement shall in any way prevent a Party from taking
measures, including but not limited to monitoring, for the protection of
human health and safety, provided such measures are in accordance with
the provisions of the WTO Agreement.
3. Nothing in this Agreement shall impose commercial obligations on any
entity with respect to the purchase and sale of products covered by this
Agreement.
4. Nothing in this Agreement is intended to interfere with the provisions of
a Party's existing agreements or preclude Parties, either individually or
collectively, from concluding agreements regarding oenological practices
with third countries.
5. Nothing in this Agreement shall require a Party to repeal, derogate from
or amend its definition of wine or its laws, regulations and requirements
relating to oenological practices for the production of wine in its
territory.
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3
ARTICLE 4
Definitions
For the purposes of this Agreement, the following definitions apply:
(a) "Wine" is a beverage produced by the complete or partial alcoholic
fermentation exclusively of fresh grapes, grape must, or products derived
from fresh grapes in accordance with oenological practices which are
authorized for use under the regulatory mechanisms of the exporting
Party, and contains an alcohol content of not less than 7% and not more
than 24% by volume;
(b) "Oenological practices" relate to wine making materials, processes,
treatments and techniques permitted by law in the exporting Party, but
do not include labeling, bottling or packaging for final sale; and
(c) "Consensus" is achieved if, after such notice as the Council's procedures
provide for, no party present at the meeting when a decision is taken formally
objects to that proposed decision.
ARTICLE 5
Mutual Acceptance of Oenological Practices
1. The Parties shall accept each other's laws, regulations and requirements
relating to oenological practices and the mechanisms to regulate them.
2. The Parties shall permit the importation of wine produced in the territory
of another Party in conformity with that other Party's laws, regulations and
requirements relating to oenological practices and the mechanisms to regulate
them.
3. Wine exported by a Party to another Party shall conform to the exporting
Party's laws, regulations and requirements relating to oenological practices
governing wine intended for the exporting Party's domestic consumption. The
exporting Party, at its option, also may export to an importing Party wine
produced in compliance with the importing party's laws, regulations and
requirements relating to oenological practices governing wine intended for the
importing Party's domestic consumption.
4. No Party shall require any other Party to apply for a derogation or other
exemption or to provide routine certification with regard to any oenological
practice except as a Party may require consistent with Article 3(2).
5. When a Party has reason to believe that any wine produced in, exported
from or imported into its territory would compromise human health or safety,
the Party shall notify all other Parties immediately via a mechanism to be
determined by the Council.
ARTICLE 6
Labeling of Wine Subject to this Agreement
1. Technical regulations and standards relating to labeling shall be
transparent, and non-discriminatory, and issued in accordance with the WTO
Agreement, and particularly the Agreement on the Application of Sanitary and
Phytosanitary Measures and the Agreement on Technical Barriers to Trade and
not be used as a mechanism to frustrate the object and purpose of this
Agreement.
2. The Parties shall enter into negotiations for an agreement on labeling
with a view to concluding such an agreement within a period of one calendar
year from the date that this Agreement has entered into force.
ARTICLE 7
Management of this Agreement
1. A Council of the Parties, in which each Party has equal representation, is
hereby established to manage this Agreement. All decisions by the Council shall
be by consensus. The Council shall determine its own rules and procedures.
2. The Council may consider any matter relating to the effective
functioning of this Agreement. In particular it shall be responsible for:
(a) seeking resolution of any questions relating to the application of this
Agreement;
(b) providing a forum for discussion of issues that may arise concerning this
Agreement;
(c) considering ways to enhance the operation of this Agreement;
(d) adopting amendments to this Agreement and its annex in accordance
with Article 10;
(e) determining the working languages under this Agreement; and
(f) deciding upon the application of States to accede to this Agreement
pursuant to Article 13(2).
ARTICLE 8
Transparency
1. The laws, regulations and requirements relating to oenological practices
and the mechanisms to regulate them of the States referred to in Article 12(1) as
at the date of entry into force of this Agreement for each Party shall be
incorporated in a Schedule.
2. Upon the decision of the Council referred to in Article 13(2) to agree to
the accession of a State to this Agreement, the laws, regulations and
requirements relating to oenological practices and the mechanisms to regulate
them of that State as submitted to the Council pursuant to Article 13(1) shall be
incorporated in the Schedule.
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5
3. Any modification of the laws, regulations or requirements relating to
oenological practices and the mechanisms to regulate them of a Party shall be:
(a) published or otherwise made available in a manner consistent with and
to the extent provided in the WTO Agreement, and in particular the
Agreement on the Application of Sanitary and Phytosanitary Measures
and the Agreement on Technical Barriers to Trade, and
(b) included in the Schedule.
4. Each Party shall, in a manner consistent with and to the extent provided
in the WTO Agreement, and in particular the Agreement on the Application of
Sanitary and Phytosanitary Measures and the Agreement on Technical Barriers
to Trade, notify to the Council any proposals to amend its laws, regulations or
requirements relating to oenological practices and the mechanisms to regulate
them prior to such amendments coming into effect in its territory and give the
other Parties the opportunity to comment on such proposals.
ARTICLE 9
Consultations and Dispute Settlement
1. If one or more Parties considers a measure taken by one or more Parties
to be inconsistent with this Agreement, that Complaining Party or Parties (the
Complainant) may request in writing consultations with the other Party or
Parties (the Respondent). The Parties to the dispute shall, within 20 days of
receipt of the request, consult with each other with a view to resolving the issue.
2. If the issue has not been resolved through consultations within 45 days
of receipt of the request for consultations, and imports have been prohibited or
restricted, any of the Parties to the dispute may request, in writing, to the other
Party to the dispute and the Chairman of the Council that a Committee of
Experts be established to consider the issue in accordance with procedures set
out in the Annex. Any conclusions adopted by the Committee shall be by
consensus.
3. After the request for a Committee of Experts has been made and the
Committee formed to hear the dispute, the Complainant shall submit its views in
writing (the complaint) to the Chairman of the Council and the Respondent.
Within 30 days of receiving the complaint, the Respondent shall forward its
reply to the Chairman of the Council and the Complainant, together with its
supporting evidence and documentation.
4. The Committee of Experts shall forward its conclusions to the Parties to
the dispute within 60 days of the date on which the Committee of Experts
received the Respondent's submission provided for in paragraph 3 of this Article
or the expiration of the period in which such submission is to be made in
accordance with paragraph 3 of this Article.
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5. Where the Committee of Experts finds that the Respondent has breached
this Agreement, the Committee shall provide in its decision a reasonable period
of time for the Respondent to rectify its breach. The period established shall be
the shortest reasonable time period feasible. If the Parties to the dispute have
not agreed by the expiry of that period that the breach has been rectified, the
Complainant may set forth in writing, to the presiding expert and the
Respondent evidence of non-compliance and request the Committee to decide
whether the breach has been rectified. The Respondent shall have 21 days from
the date of receipt of the Complainant's request to the presiding expert to
respond to the Complainant's allegations. The Committee shall issue its
decision within 15 days after the expiration of the deadline for the Respondent's
response.
6. If the Committee finds that the Respondent has failed to rectify such
breach within the designated period of time, the Complainant may suspend its
obligations in relation to the Respondent under paragraphs 1 to 4 of Article 5 of
this Agreement.
7. The Parties to the dispute may agree for purposes of a specific dispute
under this Article to follow different procedures than those set out in this Article
for the purpose of expediting, enhancing, or facilitating the resolution of the
specific dispute.
8. Paragraphs 2 to 6 of this Article shall not apply to matters arising under
Article 3(2) of this Agreement or to any matters under this Agreement that also
raise issues of WTO consistency. Nothing in this Article shall be interpreted as
implying any change in the rights and obligations of a Party under the WTO
Agreement, including the dispute settlement provisions of that Agreement.
ARTICLE 10
Amendment
1. Any Party may propose amendments to this Agreement or its annex.
The text of any proposed amendment shall be submitted to the depositary, which
shall promptly communicate it to all Parties at least ninety days in advance of its
consideration by the Council.
2. Initial consideration of any proposed amendment shall take place at the
first meeting of the Council following communication of the proposed
amendment. Amendments shall be adopted by the Council by consensus.
3. Instruments of acceptance in respect of an amendment shall be deposited
with the depositary. An amendment shall enter into force for Parties having
accepted it on the thirtieth day following the receipt by the depositary of the
instruments of acceptance of a majority of Parties. Thereafter, it shall enter into
force for each Party depositing its instrument of acceptance on the thirtieth day
following the receipt by the depositary of that Party's instrument of acceptance.
Each State that accedes to this Agreement after the entry into force of any
amendment shall become a Party to the Agreement as amended.
ARTICLE 11
Withdrawal
A Party may withdraw from this Agreement by written notification to the
depositary. Withdrawal shall take effect six months after the date of receipt of
the notification, unless the notification specifies a later date or the notification is
withdrawn prior to this date.
ARTICLE 12
Parties and, Entry into Force
1. This Agreement shall be open for signature by Argentina, Australia,
Canada, Chile, New Zealand, South Africa and the United States of America
until March 31, 2002.
2. This Agreement is subject to ratification, acceptance or approval by
signatory States. Instruments of ratification, acceptance or approval shall be
deposited with the depositary.
3. This Agreement shall enter into force on the first day of the month
following the date of deposit of the second instrument of ratification, acceptance
or approval. It shall enter into force for each subsequent signatory State
thereafter on the first day of the month following the date of deposit of its
instrument of ratification, acceptance or approval.
4. A signatory State that has not deposited an instrument of ratification,
acceptance or approval within thirty months of the date this Agreement enters
into force or such additional period as approved by the Council shall be deemed
not to have signed this Agreement.
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ARTICLE 13
New Parties
1. Any State that has not signed this Agreement, and States having signed
but not ratified, accepted or approved this Agreement according to Article 12,
may by written application to the depositary seek to accede to it. Such
application shall include a copy of that State's laws, regulations and
requirements relating to oenological practices and the mechanisms to regulate
them.
2. The Council, at its first meeting following the receipt of any such
application, shall assess the laws, regulations and requirements relating to
oenological practices and the mechanisms to regulate them of the State
concerned. If the Council finds these acceptable, it shall notify the State
of its decision and may invite the State to accede to this Agreement.
3. Following receipt of the notification of the Council's decision in favour
of accession, but in no case later than 30 months thereafter or such period as
approved by the Council, the State concerned shall deposit its instrument of
accession with the depositary. This Agreement shall enter into force for that
State on the first day of the month following the date of deposit of its instrument
of accession.
The original of this Agreement, of which the English, French and Spanish
language texts are equally authentic, shall be deposited with the Government of
the United States of America.
IN WITNESS WHEREOF the undersigned, being duly authorised
thereto by their respective Governments, have signed this Agreement.
DONE at Toronto, on the 18th day of December in the year two
thousand and one.
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NOTE: English text of Agreement will be printed in this publication.
ANNEX
The Committee of Experts
1. The Parties shall establish a list of experts in the field of oenological
practices.
2. Each Party shall appoint four experts to the list, who shall be its
nationals.
3. The list shall be maintained by the depositary.
4. The Parties to the dispute shall agree on the selection of three experts
from the list, none of whom shall be nationals of the Parties to the dispute. In
the event the Parties to the dispute cannot agree within 15 days from the date of
the request for the establishment of a Committee of Experts made to the
Chairman of the Council, the Chairman of the Council shall select these three
experts, none of whom may be nationals of the Parties to the dispute, at random
from the list. The Chairman of the Council shall conduct such random selection
in the presence of official representatives designated by the Parties to the
dispute.
5. When the Chairman of the Council receives the Complainant's and
Respondent's complete submissions in accordance with Article 9 of this
Agreement, the Chairman of the Council shall forward the submissions to the
experts appointed by the Parties to the dispute within three days. Should an
expert not be available, a replacement shall be appointed by the affected Party or
Parties, or selected by the Chairman of the Council, in accordance with
procedures set out above in paragraph 4.
6. The Committee shall utilize telephonic and electronic communications
to the greatest extent possible.
7. The Parties to the dispute shall bear their own respective costs and
expenses incurred in relation to the proceedings before the Committee of
Experts. The fees and expenses of the experts shall be borne by the Parties to
the dispute, in equal shares.
8. The Council shall adopt rules of procedure that will apply to the
Committee of Experts established pursuant to Article 9 of the Agreement and
this Annex.
FOR THE GOVERNMENT OF THE COMMONWEALTH OF AUSTRALIA
POUR LE GOUVERNEMENT DU COMMONWEALTH D'AUSTRALIE
POR EL GOBIERNO DEL COMMONWEALTH DE AUSTRALIA
Signed on
Signé le
Firmado el
18 December 2001.
FOR THE GOVERNMENT OF CANADA
POUR LE GOUVERNEMENT DU CANADA
POR EL GOBIERNO DE CANADA
Signed on
Signé le
Firmado el
Dec 18, 2001
FOR THE GOVERNMENT OF THE REPUBLIC OF CHILE
POUR LE GOUVERNEMENT DE LA REPUBLIQUE DU CHILI
POR EL GOBIERNO DE LA RÉPUBLICA DE CHILE
Signed on
Signé le
Firmado el
December 18th
FOR THE GOVERNMENT OF NEW ZEALAND
POUR LE GOUVERNEMENT DE LA NOUVELLE ZÉLANDE
POR EL GOBIERNO DE NUEVA ZELANDIA
Signed on
Signé le
Firmado el
18 December 2001.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA
POUR LE GOUVERNEMENT DES ÉTATS-UNIS D'AMÉRIQUE
POR EL GOBIERNO DE LOS ESTADOS UNIDOS DE AMERICA
Signed on
Signé le
Firmado el
December 18, 2001

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13178

TAXATION

Information Exchange

Agreement Between the
UNITED STATES OF AMERICA
and ANTIGUA AND BARBUDA

Signed at Washington December 6, 2001

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

ANTIGUA AND BARBUDA

Taxation: Information Exchange

Agreement signed at Washington December 6, 2001;
Entered into force February 10, 2003.

AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF ANTIGUA AND BARBUDA FOR THE
EXCHANGE OF INFORMATION WITH RESPECT TO TAXES
The Government of the United States of America and the Government of Antigua and
Barbuda, desiring to conclude an Agreement for the exchange of information with
respect to taxes (hereinafter referred to as the "Agreement"), have agreed as follows:
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ARTICLE 1
OBJECT AND SCOPE OF THE AGREEMENT
1. The Contracting States shall assist each other to assure the accurate assessment
and collection of taxes, to prevent fiscal fraud and evasion, and to develop improved
information sources for tax matters. The Contracting States shall provide assistance through
exchange of information authorized pursuant to Article 4 and such related measures as may be
agreed upon by the competent authorities pursuant to Article 5.
ARTICLE 2
TAXES COVERED BY THE AGREEMENT
1. This Agreement shall apply to the following taxes imposed by or on behalf of a
Contracting State:
a) in the case of the United States of America, all federal taxes.
b) in the case of Antigua and Barbuda, the following taxes: income tax (personal),
income tax (companies), property tax, business tax (unincorporated), non-citizen
undeveloped land tax, land value appreciation tax, gross turnover tax,
telecommunication licence, stamp duty, hotel tax, guest tax, telecommunication
tax, foreign currency levy, travel tax, insurance levy, hotel guest levy, time
sharing occupancy tax, time sharing service tax, betting and gaming tax, money
transfer levy, restaurant and caterers service tax, tax on gross income — offshore
banks, casino licences, banking and insurance licences and fees, and guest levy.
2. This Agreement shall apply also to any identical or substantially similar taxes
imposed after the date of signature of the Agreement in addition to or in place of the existing
taxes. The competent authority of each Contracting State shall notify the other of changes in
laws which may affect the obligations of that State pursuant to this Agreement.
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3. This Agreement shall not apply to the extent that an action or proceeding
concerning taxes covered by this Agreement is barred by the applicant State's statute of
limitations.
4. This Agreement shall not apply to taxes imposed by states, municipalities or
other political subdivisions, or possessions of a Contracting State.
ARTICLE 3
DEFINITIONS
1. In this Agreement, unless otherwise defined:
a) The term "competent authority" means:
(i) in the case of the United States of America, the Secretary of the
Treasury or his delegate, and
(ii) in the case of Antigua and Barbuda, the Minister of Finance or his
delegate.
b) The term "national" means:
(i) in the case of the United States, any United States citizen and any
legal person, partnership, corporation, trust, estate, association, or
other entity deriving its status as such from the laws in force in
the United States; and
(ii) in the case of Antigua and Barbuda, any citizen of Antigua and
Barbuda and any legal person, partnership, company, trust, estate,
association, or other entity deriving its status as such from the
laws in force in Antigua and Barbuda.
c) The term "person" includes an individual and a partnership, corporation, trust,
estate, association or other legal entity.
d) The term "tax" means any tax to which the Agreement applies.
e) The term "information" means any fact or statement, in any form whatever, that
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may be relevant or material to tax administration and enforcement, including
(but not limited to):
(i) testimony of an individual, and
(ii) documents, records or tangible property of a person or Contracting State.
f) The terms "applicant State" and "requested State" mean, respectively, the
Contracting State applying for or receiving information and the Contracting
State providing or requested to provide such information.
g) For purposes of determining the geographical area within which jurisdiction to
compel production of information may be exercised, the term "United States"
means the United States of America, including Puerto Rico, the Virgin Islands,
Guam, and any other United States possession or territory.
h) For purposes of determining the geographical area within which jurisdiction to
compel production of information may be exercised, the term "Antigua and
Barbuda" means the State of Antigua and Barbuda and the territorial waters
thereof.
2. Any term not defined in this Agreement, unless the context otherwise requires or
the competent authorities agree to a common meaning pursuant to the provisions of Article 5,
shall have the meaning which it has under the laws of the Contracting State relating to the taxes
which are the subject of this Agreement.
ARTICLE 4
EXCHANGE OF INFORMATION
1. The competent authorities of the Contracting States shall exchange information
to administer and enforce the domestic laws of the Contracting States concerning taxes covered
by this Agreement, including information to effect the determination, assessment, and
collection of tax, the recovery and enforcement of tax claims, or the investigation or
prosecution of tax crimes or crimes involving the contravention of tax administration.
Information shall be exchanged to fulfill the purpose of this Agreement without regard to
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whether the person to whom the information relates is, or whether the information is held by, a
resident or national of a Contracting State, provided that the information requested is covered
by this Agreement.
2. The competent authority of the requested State shall endeavor in good faith to
provide information upon request by the competent authority of the applicant State for the
purposes referred to in paragraph 1. If the information available in the tax files of the requested
State is not sufficient to enable compliance with the request, that State shall take all relevant
measures to provide the applicant State with the information requested. Privileges under the
laws or practices of the applicant State shall not apply in the execution of a request but shall be
preserved for resolution by the applicant State.
3. The requested State shall endeavor in good faith to provide information
requested pursuant to the provisions of this article regardless of whether the requested State
needs such information for purposes of its own tax. If specifically requested, the requested
State shall endeavor in good faith to provide information under this Article in the form of
depositions of witnesses and authenticated copies of unedited original documents (including
books, papers, statements, records, accounts and writings), to the same extent such depositions
and documents can be obtained under the laws and administrative practices of the requested
State with respect to its own taxes.
4. The provisions of the preceding paragraphs shall not 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 State or of the other Contracting State;
b) to supply particular items of information which are not obtainable under the laws
or in the normal course of the administration of that State or of the other
Contracting State;
c) to supply information which would disclose any trade, business, industrial,
commercial or professional secret or trade process;
d) to supply information, the disclosure of which would be contrary to public
policy;
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e) to supply information requested by the applicant State to administer or enforce a
provision of the tax law of the applicant State, or any requirement connected
therewith, which discriminates against a national of the requested State. A
provision of tax law, or connected requirement, will be considered to be
discriminatory against a national of the requested State if it is more burdensome
with respect to a national of the requested State than with respect to a national of
the applicant State in the same circumstances. For purposes of the preceding
sentence, a national of the applicant State who is subject to tax on worldwide
income is not in the same circumstances as a national of the requested State who
is not subject to tax on worldwide income. The provisions of this subparagraph
shall not be construed so as to prevent the exchange of information with respect
to the taxes imposed by the United States or Antigua and Barbuda on branch
profits or on the premium income of nonresident insurers or foreign insurance
companies.
f) Notwithstanding subparagraphs (a) though (e) of this paragraph, the requested
State shall have the authority to obtain and provide, through its competent
authority, information held by financial institutions, nominees, or persons acting
in agency or fiduciary capacity (not including information that would reveal
confidential communications between a client and an attorney, solicitor or other
legal representative where the client seeks legal advice), or information
respecting ownership interests in a person.
5. Except as provided in paragraph 4, the provisions of the preceding paragraphs
shall be construed so as to impose on a Contracting State the obligation to use all legal means
and its best efforts to execute a request. A Contracting State may, in its discretion, take
measures to obtain and transmit to the other State information which, pursuant to paragraph 4,
it has no obligation to transmit.
6. The competent authority of the requested State shall allow representatives of the
applicant State to enter the requested State to interview individuals and examine books and
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records with the consent of the individuals contacted. Representatives of the requested State
shall have the opportunity to be present at any such interview or examination.
7. Any information received by a Contracting State shall be treated as confidential in
the same manner as information obtained under the domestic laws of that State and shall be
disclosed only to individuals or authorities (including judicial and administrative bodies)
involved in the determination, assessment, collection, and administration of, the recovery and
collection of claims derived from, the enforcement or prosecution in respect of, or the
determination of appeals in respect of, the taxes which are the subject of this Agreement, or the
oversight of the above. Such individuals or authorities shall use the information only for such
purposes. These individuals or authorities may disclose the information in public court
proceedings or in judicial decisions. Information shall not be disclosed to any third jurisdiction
for any purpose without the consent of the Contracting State originally furnishing the
information.
ARTICLE 5
MUTUAL AGREEMENT PROCEDURE
1. The competent authorities of the Contracting States shall agree to implement a
program to carry out the purposes of this Agreement. This program may include, in addition to
exchanges specified in Article 4, other measures to improve tax compliance, such as exchanges
of technical know-how, development of new audit techniques, identification of new areas of
non-compliance, and joint studies of non-compliance areas.
2. The competent authorities of the Contracting States shall endeavor to resolve by
mutual agreement any difficulties or doubts arising as to the interpretation or application of this
Agreement. In particular, the competent authorities may agree to a common meaning of a term,
and may determine when costs are extraordinary for purposes of Article 6.
3. The competent authorities of the Contracting States may communicate with each
other directly for the purposes of reaching an agreement under this Article.
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ARTICLE 6
COSTS
Unless the competent authorities of the Contracting States otherwise agree, ordinary
costs incurred in providing assistance shall be borne by the requested State and extraordinary
costs incurred in providing assistance shall be borne by the applicant State. The requested State
shall, before fulfilling a request, inform the applicant state if it believes the costs of fulfilling
such request will be extraordinary. The competent authorities of the Contracting States agree to
consult on an ongoing basis with respect to costs incurred or potentially to be incurred under
this Agreement and with a view to minimizing such costs.
ARTICLE 7
IMPLEMENTATION
A Contracting State shall enact such legislation as may be necessary to effectuate this
Agreement.
ARTICLE 8
OTHER APPLICATIONS OF AGREEMENT
This Agreement is consistent with the standards for an exchange of information
agreement described in section 274(h)(6)(C) of the United States Internal Revenue Code of
1986, as amended (relating to deductions for attendance at foreign conventions).
ARTICLE 9
ENTRY INTO FORCE
This Agreement shall enter into force upon an exchange of notes by the duly authorized
representatives of the Contracting States, confirming their mutual agreement that both sides
have met constitutional and statutory requirements necessary to effectuate this Agreement.
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ARTICLE 10
TERMINATION
This Agreement shall remain in force until terminated by one of the Contracting States.
Either Contracting State may terminate the Agreement at any time after the Agreement enters
into force provided that at least three months prior notice of termination has been given through
diplomatic channels.
IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective
governments, have signed this Agreement.
DONE at Washington, in duplicate, this sixth day of December, 2001.
FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA:
FOR THE GOVERNMENT OF
ANTIGUA AND BARBUDA:

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13177

SOCIAL SECURITY

Agreement Between the
UNITED STATES OF AMERICA
and NORWAY

Signed at Oslo November 30, 2001

with

Administrative Agreement

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

NORWAY

Social Security

Agreement signed at Oslo November 30, 2001;
Entered into force September 1, 2003.
With administrative agreement.

AGREEMENT
BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF NORWAY
ON SOCIAL SECURITY
The Government of the United States of America
and
The Government of the Kingdom of Norway,
BEING DESIROUS of regulating the relationship between their two countries in the
field of Social Security, have agreed as follows:
PART I
Definitions and Laws
Article 1
For the purpose of this Agreement:
1. "Territory" means, as regards the United States, the States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa and the Northern Mariana Islands, and as regards Norway, the
territory of the Kingdom of Norway;
2. "Norwegian Continental Shelf' means the sea bed and its subsoil of the
submarine areas outside the coast of the Kingdom of Norway over which
Norway has sovereign rights for the purpose of exploring it and exploiting its
natural resources;
3. "National" means, as regards the United States, a national of the United States
as defined in Section 101, Immigration and Nationality Act of 1952, as
amended, and as regards Norway, a person of Norwegian nationality;
4. "Laws" means the laws and regulations specified in Article 2;
5. "Competent Authority" means, as regards the United States, the Commissioner
of Social Security, and as regards Norway, the Ministry of Health and Social
Affairs;
6. "Agency" means, as regards the United States, the Social Security
Administration, and as regards Norway, the office or authority responsible for
applying all or part of the laws designated in Article 2;
7. "Period of coverage" means a period of payment of contributions or a period of
earnings from employment or self-employment, as defined or recognized as a
period of coverage by the laws under which such period has been completed, or
any similar period insofar as it is recognized by such laws as equivalent to a
period of coverage;
8. "Benefit" means any benefit provided for in the laws of either Contracting
State;
9. "Stateless person" means a person defined as a stateless person in Article 1 of
the Convention relating to the Status of Stateless Persons dated September 28,
1954;
10. "Refugee" means a person defined as a refugee in Article 1 of the Convention
relating to the Status of Refugees dated July 28, 1951, and the Protocol to that
Convention dated January 31, 1967.
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Article 2
1. For the purpose of this Agreement, the applicable laws are:
(a) As regards the United States, the laws governing the Federal old-age,
survivors, and disability insurance program:
(i) Title II of the Social Security Act and regulations pertaining thereto,
except sections 226, 226A and 228 of that title and regulations
pertaining to those sections,
(ii) Chapter 2 and Chapter 21 of the Internal Revenue Code of 1986 and
regulations pertaining to those chapters;
(b) As regards Norway:
The National Insurance Act of 28 February 1997, except chapters 4, 5, 8,
9, 13, 14 and 15, unless otherwise provided in Part III.
2. Unless otherwise provided in this Agreement, laws within the meaning of
paragraph 1 shall not include treaties or other international agreements
concluded between one Contracting State and a third State, or laws or
regulations promulgated for their specific implementation.
PART II
General Provisions
Article 3
This Agreement, unless it provides otherwise, shall apply to:
(a) nationals of either Contracting State,
(b) refugees,
(c) stateless persons,
(d) other persons with respect to the rights they derive from a national of
either Contracting State, a refugee or a stateless person, and
(e) nationals of a State other than a Contracting State who are not included
among the persons referred to in paragraph (d) of this Article, and who are
or have been subject to the laws of a Contracting State.
Article 4
1. Unless otherwise provided in this Agreement, the persons designated in Article
3 (a), (b), (c) or (d) who reside in the territory of either Contracting State shall,
in the application of the laws of a Contracting State, receive equal treatment
with the nationals of that Contracting State.
2. Nationals of a Contracting State who reside outside the territories of both
Contracting States shall receive benefits provided by the laws of the other
Contracting State under the same conditions which the other Contracting State
applies to its own nationals who reside outside the territories of both
Contracting States.
3. Unless otherwise provided in this Agreement, the laws of a Contracting State
under which entitlement to or payment of cash benefits is dependent on
residence or presence in the territory of that Contracting State shall not be
applicable to the persons designated in Article 3 who reside in the territory of
the other Contracting State.
4. This Article shall be applied by the United States in a manner consistent with
Section 233(c)(4) of the United States Social Security Act.
PART III
Provisions on Coverage
Article 5
1. Unless otherwise provided in this Article, a person employed within the
territory of one of the Contracting States shall with respect to that employment
be subject to the laws on compulsory coverage of only that Contracting State.
2. (a) If a person in the service of an employer having a place of business in the
territory of one Contracting State is sent by that employer to the territory
of the other Contracting State for a temporary period, the person shall be
subject to the laws on compulsory coverage of only the first Contracting
State as if he were still employed in the territory of the first Contracting
State, provided that his employment in the territory of the other
Contracting State is not expected to last for more than 5 years. The spouse
and children who accompany a person sent by an employer located in the
territory of one Contracting State to the territory of the other Contracting
State shall be subject to the laws on compulsory coverage of only the first
Contracting State for any period in which they are not employed in the
other Contracting State.
(b) For purposes of applying this paragraph in the case of an employee who is
sent from the territory of the United States by an employer in that territory
to the territory of Norway, that employer and an affiliated company of the
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employer (as defined under the laws of the United States) shall be
considered one and the same, provided that the employment would have
been covered under United States laws absent this Agreement.
(c) This paragraph shall not apply in the case of a person who is sent from the
territory of Norway to the territory of the United States unless the person
is on a Norwegian payroll as determined by Norwegian legislation.
(d) This paragraph shall also apply in cases where a person is employed in the
territory of a third State, but compulsorily covered under the laws of one
of the Contracting States, and is then sent by his employer to the territory
of the other Contracting State.
(e) This paragraph shall also apply in cases where a national of a State other
than a Contracting State is sent by an employer in the territory of one
Contracting State to the territory of the other Contracting State, provided
that its application does not conflict with any provision of another treaty
or international agreement between a Contracting State and a third State.
(f) With respect to this paragraph, a person who is sent by an employer
having a place of business in the territory of Norway to the territory of the
United States shall be subject to Norwegian laws, including those chapters
of the National Insurance Act excepted from the scope of this Agreement
in Article 2.1 (b).
(g) With respect to this paragraph, a person who is sent by an employer
having a place of business in the territory of the United States to the
territory of Norway and who is subject to United States laws shall also be
excluded from coverage and exempt, together with the employer, from
contributions under all chapters of the National Insurance Act except
Chapters 5, 8, 9 and 14.
3. (a) The provisions of paragraph 1 shall also apply in cases where a person is
resident in Norway and employed on installations for the exploration or
exploitation of natural resources on the Norwegian continental shelf.
(b) The provisions of paragraph 2 shall also apply in cases where a person is
employed on installations for the exploration or exploitation of natural
resources on the Norwegian continental shelf as if he were employed in
the territory of Norway.
(c) A United States national not resident in Norway, employed on an
installation for the exploration or exploitation of natural resources on the
Norwegian continental shelf, to whom the provisions of paragraph 2 do
not apply, and who is subject to United States laws with respect to that
employment shall be exempt from Norwegian laws as defined in
Article 2.1 (b) and remain subject to United States laws.
4. A person who is self-employed in the territory of either Contracting State and 6
who is a resident of one Contracting State shall be subject to the laws on
compulsory coverage of only the Contracting State of which he is a resident.
5. (a) This Agreement shall not affect the provisions of the Vienna Convention
on Diplomatic Relations of April 18, 1961, or of the Vienna Convention
on Consular Relations of April 24, 1963.
(b) Nationals of one of the Contracting States who are employed by the
Government of that Contracting State in the territory of the other
Contracting State but who are not exempt from the laws of the other
Contracting State by virtue of the Conventions mentioned in
subparagraph (a) shall be subject to the laws on compulsory coverage of
only the first Contracting State. For the purpose of this paragraph,
employment by the United States Government includes employment by an
instrumentality thereof.
6. If a person is employed as an officer or member of a crew on a vessel which
flies the flag of one Contracting State and is subject to the laws on compulsory
coverage of both Contracting States, the person shall be subject to the laws on
compulsory coverage of only the Contracting State whose flag the vessel flies.
With respect to this paragraph, a vessel which flies the flag of the United States
is one defined as an American vessel under the laws of the United States.
7. This Agreement does not affect the right of Norwegian nationals who are
resident or present in the United States to apply for voluntary insurance under
the National Insurance Scheme of Norway.
8. After the entry into force of this Agreement, the provisions of Section 2-13 of
the Norwegian National Insurance Act concerning exemptions from the
National Insurance Scheme shall no longer be applied to persons to whom this
Agreement is applicable.
9. The Competent Authority of one Contracting State may grant an exception to
the provisions of this Article if the Competent Authority of the other
Contracting State agrees, provided that the affected person shall be subject to
the laws of one of the Contracting States.
PART IV
Provisions on Benefits
Chapter I
Provisions Applicable to the United States
Article 6
1. Where a person has completed at least six quarters of coverage under
United States laws, but does not have sufficient quarters of coverage to satisfy
the requirements for entitlement to benefits under United States laws, pension
point years completed under Norwegian laws shall be taken into account to the
extent they do not coincide with calendar quarters already credited as quarters
of coverage under United States laws.
2. In determining eligibility for benefits under paragraph 1 of this Article, the
agency of the United States shall credit four quarters of coverage for each
pension point year certified as creditable by the agency of Norway; however, no
quarter of coverage shall be credited for any calendar quarter already credited as
a quarter of coverage under United States laws. The total number of quarters of
coverage to be credited for a year shall not exceed four.
3. Entitlement to a benefit from the United States which results from paragraph 1
shall terminate with the acquisition of sufficient periods of coverage under
United States laws to establish entitlement to an equal or higher benefit without
the need to invoke the provision of paragraph 1.
4. Where entitlement to a benefit under United States laws is established according
to the provisions of paragraph 1, the agency of the United States shall compute a
pro rata Primary Insurance Amount in accordance with United States laws based
on (a) the person's average earnings credited exclusively under United States
laws and (b) the ratio of the duration of the person's periods of coverage
completed under United States laws to the duration of a coverage lifetime as
determined in accordance with United States laws. Benefits payable under
United States laws shall be based on the pro rata Primary Insurance Amount.
Chapter II
Provisions Applicable to Norway
Article 7
1. (a) Where a person has completed at least three years of coverage under
Norwegian laws, or one year if covered while performing occupational
activity in Norway, prior to the insured contingency, quarters of coverage
completed under United States laws shall be taken into account to
determine entitlement to disability, survivors and old-age pensions
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provided they do not coincide with periods of coverage already credited 8
under Norwegian laws. To become entitled to a Norwegian supplementary
pension based on the preceding sentence, pension points must have been
credited for at least one year on the basis of occupational activity for at
least one year.
(b) Four quarters of coverage completed under United States laws shall
correspond to one year of coverage under Norwegian laws.
2. (a) If entitlement to a benefit exists under Norwegian laws without recourse
to the provisions of this Agreement, the benefit shall be computed in
accordance with Norwegian laws.
(b) If entitlement to a disability or survivors benefit under Norwegian laws
exists only according to the provisions of this Agreement, the benefit shall
be computed in the following manner:
(i) The benefit amount shall be determined which would have been
payable if the person's periods of coverage under United States laws
had been periods of coverage under Norwegian laws.
(ii) This amount shall be multiplied by the ratio between the person's
actual periods of coverage under Norwegian laws and the sum of the
person's periods of coverage under both Norwegian and United
States laws.
(iii) If the person's total periods of coverage under Norwegian laws, or
the sum of such periods and periods of coverage under United States
laws, exceeds 40 years, then the actual period, or sum of periods,
shall be replaced by the figure "40" for the purposes of the said
calculation.
(iv) A supplementary pension shall be computed on the basis of the
average annual pension point figure for the years during which the
person concerned has been credited with pension points under
Norwegian laws in accordance with the rules for the calculation of
the final pension point figure under the National Insurance Act.
(v) The provisions of Paragraph 1(b) shall apply as appropriate.
3. If entitlement to an old-age pension under Norwegian laws exists only
according to the provisions of this Agreement, the old-age pension shall be
computed on the basis of periods of coverage fulfilled and pension point years
credited under Norwegian laws.
4. A Norwegian disability or survivors pension shall be converted to an old-age
pension when the person reaches the general pension age. The old-age pension
shall be computed on the basis of periods of coverage and pension point years
used to compute the disability or survivors pension.

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5. Supplementary pensions payable to persons to whom this Agreement applies
shall be computed in accordance with the overcompensation provisions of
Section 3-9 of the National Insurance Act. Pension increments due to
overcompensation shall also be paid to persons to whom this Agreement applies
when they are resident in the territory of the United States. The provisions of
paragraph 1 shall not apply in relation to Section 3-9 of the National Insurance
Act.
6. Payment of rehabilitation benefits, basic benefits, attendance benefits,
guaranteed minimum supplementary pension benefits to persons becoming
disabled at birth or at a young age, education benefits and child care benefits to
persons not resident or present in the territory of Norway shall be determined in
each case pursuant to Norwegian laws.
7. Pensions already payable prior to 1 January 1991 which do not take into account
all periods of residence in Norway prior to 1967 and later than 1936, shall be
recalculated upon request from the beneficiary. If the result of this recalculation
is more favorable, the differential amount shall be paid retroactively from
1 January 1991.
8. Funeral grants under Norwegian laws shall be payable in respect of persons who
were subject to Norwegian laws at the time of their death.
PART V
Miscellaneous Provisions
Article 8
The Competent Authorities of the two Contracting States shall:
(a) Conclude an administrative agreement and make such other administrative
arrangements as may be necessary for the implementation and application
of this Agreement;
(b) Communicate to each other information concerning the measures taken
for the application of this Agreement; and
(c) Communicate to each other, as soon as possible, information concerning
all changes in their respective laws which may affect the application of
this Agreement.
Article 9
1. The Competent Authorities and the agencies of the Contracting States, within
the scope of their respective authority, shall assist each other in implementing
this Agreement. This assistance shall be free of charge subject to exceptions to
be agreed upon in an administrative agreement.
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2. Liaison agencies for the implementation of this Agreement shall be:
(a) for the United States, the Social Security Administration;
(b) for Norway, the National Insurance Institution.
Article 10
Where the laws of a Contracting State provide that any document which is submitted
to the Competent Authority or an agency of that Contracting State shall be exempted,
wholly or partly, from fees or charges, including consular and administrative fees, the
exemption shall also apply to documents which are submitted to the Competent
Authority or an agency of the other Contracting State in accordance with its laws.
Article 11
1. The Competent Authorities and agencies of the Contracting States may
correspond directly with each other and with any person wherever the person
may reside whenever it is necessary for the implementation of this Agreement.
The correspondence may be in the writer's official language.
2. An application or document may not be rejected because it is in the official
language of the other Contracting State.
Article 12
1. A written application for benefits filed with an agency of one Contracting State
shall protect the rights of the claimants under the laws of the other Contracting
State if the applicant requests that it be considered an application under the laws
of the other Contracting State or provides information indicating that the person
on whose record benefits are claimed has completed periods of coverage under
the laws of the other Contracting State.
2. Notwithstanding paragraph 1, an applicant may specify that an application filed
with an agency of one Contracting State not be considered an application under
the laws of the other Contracting State or that the application be effective on a
different date in the other Contracting State within the limitations of and in
conformity with the laws of the other Contracting State.
Article 13
1. A written appeal of a determination made by the agency of one Contracting
State may be validly filed with an agency of the other Contracting State.
2. Any claim, notice, or appeal which must be filed within a given period of time
with the agency of one Contracting State shall be considered to have been
timely filed if the claim, notice, or appeal has been filed within such period with
the agency of the other Contracting State. In such case, the agency with which
the claim, notice, or appeal has been filed shall indicate the date of receipt on
the document and transmit it without delay to the liaison agency of the other
Contracting State.
Article 14
In case provisions designed to restrict the exchange of currencies are issued in either
Contracting State, the Governments of both Contracting States shall immediately
confer on the measures necessary to insure the transfer of sums owed by either
Contracting State under this Agreement.
Article 15
1. Disagreements between the two Contracting States regarding the interpretation
or implementation of this Agreement shall, as far as possible, be settled by the
Competent Authorities.
2. If a disagreement cannot be resolved by the Competent Authorities of the
Contracting States, they shall endeavor to settle the issue through arbitration,
mediation or other mutually agreed procedure.
PART VI
Transitional and Final Provisions
Article 16
1. This Agreement shall also apply to events relevant to rights under the laws
which occurred prior to its entry into force.
2. This Agreement shall not establish any claim to payment of a benefit for any
period before its entry into force or a lump-sum death benefit if the person died
before its entry into force.
3. Consideration shall be given to periods of coverage under the laws of either
Contracting State occurring before the entry into force of this Agreement, in
order to determine the right to benefits under this Agreement.
4. Determinations made before the entry into force of this Agreement shall not
affect rights arising under it.
5. This Agreement shall not result in the reduction of cash benefit amounts
because of its entry into force.
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Article 17
1. This Agreement shall remain in force and effect until the expiration of one
calendar year following the year in which written notice of its termination is
given by one of the Contracting States to the other Contracting State.
2. If this Agreement is terminated, rights regarding entitlement to or payment of
benefits acquired under it shall be retained; the Contracting States shall make
arrangements dealing with rights in the process of being acquired.
Article 18
1. This Agreement shall enter into force on the first day of the third month following
the month in which each Government shall have received from the other
Government written notification that it has complied with all statutory and
constitutional requirements for the entry into force of this Agreement.
2. Nothing in this Agreement shall supersede the exchange of notes between the
Ambassador of the United States of America and the Norwegian Foreign Ministry
in Oslo on June 26, 1968, concerning old-age, survivors and disability benefits.
3. Upon the entry into force of this Agreement, the Agreement between the United
States of America and the Kingdom of Norway on Social Security of January 13,
1983, shall be terminated and shall be replaced by this Agreement.
4. (a) Any right to benefit acquired by a person in accordance with the
provisions of the Agreement between the United States of America and
the Kingdom of Norway on Social Security of January 13, 1983, shall be
maintained.
(b) Any claim to benefit made but not finally adjudicated at the date upon
which this Agreement comes into force, shall be adjudicated according
to the provisions of the Agreement between the United States of
America and the Kingdom of Norway on Social Security of January 13,
1983, if this gives a more favorable result.
In witness whereof, the undersigned, being duly authorized thereto, have signed the
present Agreement.
Done at Oslo on November 30, 2001 in duplicate in the
English and Norwegian languages, the two texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: THE KINGDOM OF NORWAY:
12
ADMINISTRATIVE AGREEMENT FOR THE
IMPLEMENTATION OF THE AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA
AND
THE KINGDOM OF NORWAY
ON SOCIAL SECURITY OF 30.11.01
In conformity with Article 8(a) of the Agreement between the United States of
America and the Kingdom of Norway on Social Security
of 30. 11. 01 , hereinafter referred to as "the Agreement,"
the following provisions have been agreed upon:
Chapter 1
General Provisions
Article 1
Terms used in this Administrative Agreement shall have the same meaning as in the
Agreement.
Article 2
The liaison agencies designated in Article 9.2 of the Agreement shall agree upon joint
procedures and forms necessary for the implementation of the Agreement and this
Administrative Agreement.
Chapter 2
Provisions on Coverage
Article 3
1. Where the laws of a Contracting State are applicable in accordance with
Article 5 of the Agreement, the agency of that Contracting State shall issue
upon request of the employer, employee or self-employed person a certificate
stating that the concerned employee or self-employed person is covered under
those laws. The certificate shall be proof that the employee or self-employed
person is exempt from the laws on compulsory coverage of the other
Contracting State.
2. The certificate referred to in paragraph 1 shall be issued
In the United States:
By the Social Security Administration
In Norway:
By the local National Insurance Office where the person resides in the
cases mentioned in Article 5.1 and 5.4, and by the National Insurance
Office for Social Insurance Abroad in the cases mentioned in Article 5.2,
5.3, 5.5 and 5.6.
Chapter 3
Provisions on Benefits
Article 4
1. The agency of the Contracting State with which an application for benefits is
first filed in accordance with Article 12 of the Agreement shall inform the
agency of the other Contracting State of this fact without delay, using forms
established for this purpose. It shall also transmit documents and such other
available information as may be necessary for the agency of the other
Contracting State to establish the right of the applicant to benefits according to
the provisions of Part IV of the Agreement. In the case of an application for
disability benefits it shall, in particular, transmit all relevant medical evidence in
its possession concerning the disability of the applicant.
2. The agency of a Contracting State which receives an application filed with an
agency of the other Contracting State shall without delay provide the agency of
the other Contracting State with such evidence and other available information
as may be required to complete action on the claim.
3. The agency of the Contracting State with which an application for benefits has
been filed shall verify the accuracy of the information pertaining to the
applicant and his family members. The types of information to be verified shall
be agreed upon by the agencies.
Article 5
In the application of Article 6 of the Agreement, the Norwegian liaison agency shall
notify the United States liaison agency of the years in which a person is credited with
pension points under Norwegian laws.
Article 6
In the application of Article 7 of the Agreement, the United States liaison agency shall
notify the Norwegian liaison agency of the periods of coverage completed under
United States laws.
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Chapter 4
Miscellaneous Provisions
Article 7
In accordance with measures to be agreed upon pursuant to Article 2 of this
Administrative Agreement, the agency of one Contracting State shall, upon request of
the agency of the other Contracting State, furnish available information relating to the
claim of any specified individual for the purpose of administering the Agreement or
the laws specified in Article 2.1 of the Agreement.
Article 8
Copies of documents which are certified as true and exact copies by the agency of one
Contracting State shall be accepted as true and exact copies by the agency of the other
Contracting State, without further certification. The agency of each Contracting State
shall be the final judge of the probative value of the evidence submitted to it from
whatever source.
Article 9
The liaison agencies of the two Contracting States shall exchange statistics on the
payments made to beneficiaries under the Agreement for each calendar year in a form
to be agreed upon. The data shall include the number of beneficiaries and the total
amount of benefits, by type of benefit.
Article 10
1. Where administrative assistance is requested under Article 9 of the Agreement,
expenses other than regular personnel and operating costs of the Competent
Authorities and agencies providing the assistance shall be reimbursed in
accordance with procedures to be agreed upon by the liaison agencies.
2. Where the agency of a Contracting State requires that a claimant or beneficiary
submit to a medical examination, such examination, if requested by that agency,
shall be arranged by the agency of the other Contracting State in which the
claimant or beneficiary resides, in accordance with the rules of the agency
making the arrangement and at the expense of the agency which requests the
examination. The expenses incurred shall be reimbursed in accordance with
procedures to be agreed upon by the liaison agencies.
3. Upon request, the agency of either Contracting State shall furnish without
expense to the liaison agency of the other Contracting State any medical
information and documentation in its possession relevant to the disability of the
claimant or beneficiary.
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Article 11
The agency of a Contracting State shall pay any cash benefits due to beneficiaries
under the Agreement without recourse to the liaison agency of the other Contracting
State.
Article 12
Unless authorized by the national statutes of a Contracting State, information about an
individual which is transmitted in accordance with the Agreement to that Contracting
State by the other Contracting State shall be used exclusively for purposes of
implementing the Agreement. Such information received by a Contracting State shall
be governed by the national statutes of that Contracting State for the protection of
privacy and confidentiality of personal data.
Article 13
This Administrative Agreement shall enter into force on the date of entry into force of
the Agreement and shall have the same period of validity.
Done at Oslo on November 30, 2001 in duplicate in the
English and Norwegian languages, both texts being equally authentic.
FOR THE GOVERNMENT OF FOR THE GOVERNMENT OF
THE UNITED STATES OF AMERICA: THE KINGDOM OF NORWAY:
4

TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13176

CUSTOMS

Agreement Between the
UNITED STATES OF AMERICA
and the NETHERLANDS

Extending the Agreement of October 28, 1996

Effected by Exchange of Notes
Dated at Washington April 27 and November 28, 2001

NOTE BY THE DEPARTMENT OF STATE

Pursuant to Public Law 89—497, approved July 8, 1966
(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued
under the authority of the Secretary of State shall be competent
evidence . . . of the treaties, international agreements other than
treaties, and proclamations by the President of such treaties and
international agreements other than treaties, as the case may be,
therein contained, in all the courts of law and equity and of maritime
jurisdiction, and in all the tribunals and public offices of the
United States, and of the several States, without any further proof
or authentication thereof.”

NETHERLANDS

Customs

Agreement extending the agreement
of October 28, 1996.
Effected by exchange of notes
Signed at Washington April 27 and
November 28, 2001;
Entered into force December 13, 2002.

No. PCdP-2604/01
The Royal Netherlands Embassy presents its compliments to the Department of State and has
the honor to refer to the Agreement on Mutual Administrative Assistance for the Proper
Application of Customs Law and for the Prevention, Investigation and Combatting of
Customs Offenses between the Kingdom of the Netherlands and the United States of America
signed at Washington on 28 October 1996 (hereinafter referred to as "the Agreement").
The Government of the Kingdom of the Netherlands proposes that, in accordance with Article
20, paragraph 2 of the Agreement, the application of the Agreement shall be extended to the
Netherlands Antilles and Aruba subject to the following.
1. For the Kingdom of the Netherlands, as regards the Netherlands Antilles and as regards
Aruba, the term "Customs Administration" shall mean the central administration
responsible for the implementation of customs laws, including the assessment of customs
duties, charges and other taxes.
2. The application of Article 5 and Article 15, paragraph 6, of the Agreement shall not be
extended to the Netherlands Antilles and Aruba.
3. The second sentence of Article 2, paragraph 4, of the Agreement shall apply only to the
Netherlands Antilles and Aruba, as the case may be, insofar as the bilateral and the
multilateral treaties referred to therein apply to those parts of the Kingdom of the
Netherlands, respectively.
4. National legal and administrative provisions in the sense of Article 16, paragraph 1, shall,
as regards the Netherlands Antilles and as regards Aruba, include Chapter 3 of the
Kingdom Act on mutual administrative assistance in customs matters, until such time as
legal and administrative provisions adopted by the Netherlands Antilles or Aruba,
respectively, come into force.
If the foregoing is acceptable to the Government of the United States of America, the
Embassy has the further honor to propose that this Note and the Department's reply to that
effect shall constitute an Agreement between the Kingdom of the Netherlands and the United
States of America which shall be provisionally applied as from the date of the Department's
reply and enter into force after the Kingdom of the Netherlands has notified the United States
of America in writing through diplomatic channels that its constitutional requirements for the
entry into force have been complied with.
The Royal Netherlands Embassy avails itself of this opportunity to reiterate to the Department
of State the assurances of its highest consideration.
Washington, D.C., April 27, 2001.
The U.S. Department of State,
220 C. Street N.W.
Washington, D.C. 20520.
The Department of State acknowledges receipt of note
No. PCdP-2604/01 dated April 27, 2001, from the Royal
Netherlands Embassy concerning the Agreement on Mutual
Administrative Assistance for the Proper Application of
Customs Law and for the Prevention, Investigation and
Combating of Customs Offenses between the United States of
America and the Kingdom of the Netherlands signed at
Washington October 28, 1996. The text of the aforesaid
note reads as follows:
"The Royal Netherlands Embassy presents its
compliments to the Department of State and has
the honor to refer to the Agreement on Mutual
Administrative Assistance for the Proper
Application of Customs Law and for the
Prevention, Investigation and Combating of
Customs Offenses between the Kingdom of the
Netherlands and the United States of America
signed at Washington on 28 October 1996
(hereinafter referred to as "the Agreement").
"The Government of the Kingdom of the Netherlands
proposes that, in accordance with Article 20,
paragraph 2 of the Agreement, the application of
the Agreement shall be extended to the
Netherlands Antilles and Aruba subject to the
following.
1. For the Kingdom of the Netherlands, as
regards the Netherlands Antilles and Aruba, the
term "Customs Administration" shall mean the
DIPLOMATIC NOTE
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central administration responsible for the
implementation of customs laws, including the
assessment of customs duties, charges and other
taxes.
2. The application of Article 5 and Article 15,
paragraph 6, of the Agreement shall not be
extended to the Netherlands Antilles and Aruba.
3. The second sentence of Article 2,
paragraph 4, of the Agreement shall apply only to
the Netherlands Antilles and Aruba, as the case
may be, insofar as the bilateral and multilateral
treaties referred to therein apply to those parts
of the Kingdom of the Netherlands, respectively.
4. National legal and administrative provisions
in the sense of Article 16, paragraph 1, shall,
as regards the Netherlands Antilles and Aruba,
include Chapter 3 of the Kingdom Act on mutual
administrative assistance in customs matters,
until such time as legal and administrative
provisions adopted by the Netherlands Antilles
and Aruba, respectively, come into force.
"If the foregoing is acceptable to the Government
of the United States of America, the Embassy has
the further honor to propose that this Note and
the Department's reply to that effect shall
constitute an agreement between the Kingdom of
the Netherlands and the United States of America
which shall be provisionally applied as from the
date of the Department's reply and enter into
force after the Kingdom of the Netherlands has
notified the United States of America in writing
through diplomatic channels that its
constitutional requirements for the entry into
force have been complied with.
"The Royal Netherlands Embassy avails itself of
this opportunity to reiterate to the Department
of State the assurances of its highest
consideration."
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The Department confirms that the above proposal is
acceptable to the Government of the United States of
America and that the Embassy's note and this note in reply
shall constitute an Agreement between the two Governments,
which shall be provisionally applied as from the date of
this note and enter into force after the Kingdom of the
Netherlands has notified the United States of America in
writing through diplomatic channels that its constitutional
requirements for the entry into force have been complied
with.
Department of State,
Washington, November 28, 2001.