Protocol to Amendment to the Convention between the US and Luxembourg… Taxes on Income and Capital, May 20, 2009

Protocol
Amending the Convention
Between
the Government of the United States of America and
the Government of the Grand Duchy of Luxembourg
for the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with Respect to Taxes on Income and Capital

THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF THE GRAND DUCHY OF
LUXEMBOURG

DESIRING to conclude a Protocol amending the Convention between the Government
of the United States of America and the Government of the Grand Duchy of
Luxembourg for the Avoidance of Double Taxation and the Prevention of Fiscal
Evasion with Respect to Taxes on Income and Capital, signed at Luxembourg April 3,
1996, ("the Convention"), have agreed as follows:

ARTICLE I

Article 28 (Exchange of Information) of the Convention shall be deleted and replaced
by the following:

“ARTICLE 28

EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall exchange such
information as is foreseeably relevant for carrying out the provisions of this Convention
or of the domestic laws of the Contracting States concerning taxes of every kind
imposed by a Contracting State to the extent that the taxation thereunder is not contrary
to this Convention. The exchange of information is not restricted by Article 1 (General
Scope) or Article 2 (Taxes Covered).

2. Any information received under this Article by a Contracting State shall be
treated as secret in the same manner as information obtained under the domestic law of
that State and shall be disclosed only to persons or authorities (including courts and
administrative bodies) involved in the assessment, collection, or administration of, the
enforcement or prosecution in respect of, or the determination of appeals in relation to,
the taxes referred to above, 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.

3. 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 State 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 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, or information
the disclosure of which would be contrary to public policy (ordre public).

4. If information is requested by a Contracting State in accordance with this
Article, the other Contracting State shall use its information gathering measures to
obtain the requested information, even though that other State may not need such
information for its own tax purposes. The obligation contained in the preceding
sentence is subject to the limitations of paragraph 3 but in no case shall such limitations
be construed to permit a Contracting State to decline to supply information solely
because it has no domestic interest in such information.

5. In no case shall the provisions of paragraph 3 be construed to permit a
Contracting State to decline to supply information solely because the information is
held by a bank, other financial institution, nominee or person acting in an agency or a
fiduciary capacity or because it relates to ownership interests in a person.

6. If specifically requested by the competent authority of a Contracting State,
the competent authority of the other Contracting State shall 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 extent allowable under its domestic laws.

7. The Contracting States undertake to lend each other support and assistance in
the collection of taxes to the extent necessary to ensure that relief granted by the present
Convention from taxation imposed by a Contracting State does not inure to the benefit
of persons not entitled thereto. The provisions of this paragraph shall not impose upon
either Contracting State the obligation to carry out administrative measures that would
be contrary to its sovereignty, security, public policy (ordre public) or its essential
interests.”

ARTICLE II

1. This Protocol shall be subject to ratification in accordance with the applicable procedures
in the United States and Luxembourg. The Contracting States shall notify each other in
writing, through diplomatic channels, when their respective applicable procedures have
been satisfied.

2. The Protocol shall enter into force on the date of the later of the notifications referred to
in paragraph 1.
The provisions of this Protocol shall have effect for requests made on or
after the date of entry into force with regard to tax years beginning on or after January
1, 2009.

IN WITNESS WHEREOF the undersigned, being duly authorized thereto by their
respective Governments, have signed this Protocol.

DONE at Luxembourg, in duplicate, this 20th day of May, 2009, in the English and French
languages, each text being equally authentic.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA: GRAND DUCHY OF LUXEMBOURG:

Ann L. Wagner Luc Frieden
Ambassador Extraordinary and Minister of the Treasury
Plenipotentiary