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Sunday, October 19, 2014

find that restricitve clause

i did a primary search of the dtaa between india and germany.  the only thing  i found even vaguely resembling the restrictive clause is reproduced below.  how this can be interpreted in the context of black money and in favour of withholding names of  those who stash away black money in either country remains a mystery. 

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. 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 this
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 (order public)