DOUBLE TAXATION TAXES ON INCOME CONVENTION AND PROTOCOL BETWEEN
THE UNITED STATES OF AMERICA AND GREECE(三)
颁布时间:1970-01-01
AND WHEREAS the Senate of the United States of America, by their
resolution of September 17, 1951, two-thirds of the Senators present
concurring therein, did advise and consent to the ratification of the
aforesaid convention, subject to an understanding as follows:
"It is understood that the application of Article XIX of the
convention shall be confined and limited as granting authority to each
Contracting State to collect only such taxes imposed by the other
Contracting State as will insure that the exemption or reduced rate of tax
granted under the present convention by such other State shall not be
enjoyed by persons not entitled to such benefits";
AND WHEREAS the text of the aforesaid understanding was communicated
by the Government of the United States of America to the Government of the
Kingdom of Greece and the aforesaid understanding was accepted by the
Government of the Kingdom of Greece;
AND WHEREAS the aforesaid convention was duly ratified by the
President of the United States of America on December 5, 1951, in
pursuance of the aforesaid advice and consent of the Senate and subject
to the aforesaid understanding, and the aforesaid convention was duly
ratified on the part of the Kingdom of Greece;
AND WHEREAS a protocol between the United States of America and the
Kingdom of Greece was signed at Athens on April 20, 1953, in evidence of
the acceptance by the Government of the Kingdom of Greece of the aforesaid
understanding, the original of which protocol, in the English and Greek
languages, is word for word as follows:
PROTOCOL 1
With reference to the convention between the United States of America
and the Kingdom of Greece for the avoidance of double taxation and the
prevention of fiscal evasion with respect to taxes on income, signed at
Athens on February 20, 1950, the undersigned, The Honorable JOHN E.
PEURIFOY, Ambassador of the United States of America in Greece, and His
Excellency STEPHANOS STEPHANOPOULOS, Minister of Foreign Affairs of
Greece, being duly authorized thereto by their respective Governments,
have met and, having considered a resolution adopted by the United States
Senate with respect to reciprocal assistance in the collection of taxes,
have reached an understanding reading as follows:
"It is understood that the application of article XIX of the
convention shall be confined and limited as granting authority to each
Contracting State to collect only such taxes imposed by the other
Contracting State as will insure that the exemption or reduced rate of tax
ranted under the present convention by such other State shall not be
enjoyed by persons not entitled to such benefits".
This Protocol shall be considered to be an integral part of the
Convention as signed in Athens on February 20, 1950, and shall enter into
force on the date on which the Government of the United States of America
receives formal notice of the ratification of this Protocol by the
Parliament of the Kingdom of Greece.
IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the
present Protocol.
DONE at Athens in duplicate in the English and Greek languages both
texts having equal authenticity, this 20th day of April 1953.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA THE KINGDOM OF GREECE
(s) John E. Peurifoy (s) Stephanos Stephanopoulos
AND WHEREAS it is provided in Article XXI of the aforesaid convention
that it shall become effective on the first day of January of the year in
which the exchange of the instruments of ratification takes place;
AND WHEREAS it is provided in the aforesaid protocol that it shall be
considered to be an integral part of the aforesaid convention and shall
enter into force on the date on which the Government of the United States
of America receives formal notice of the ratification of the said protocol
by the Parliament of the Kingdom of Greece;
AND WHEREAS the respective instruments of ratification of the
aforesaid convention were duly exchanged at Athens on December 30, 1953,
and a protocol of exchange, in the English and Greek languages, was signed
at that place and on that date by the respective Plenipotentiaries of
the United States of America and the Kingdom of Greece, the signing of the
said protocol of exchange being deemed to constitute receipt by the
Government of the United States of America of formal notice of the
ratification on the part of the Kingdom of Greece of the aforesaid
protocol of April 20, 1953;
AND WHEREAS, in accordance with the provisions of Article XXI of the
aforesaid convention, the convention is effective beginning January 1,
1953;
Now, THEREFORE, be it known that I, Dwight D. Eisenhower, President of
the United States of America, do hereby proclaim and make public the
aforesaid convention of February 20,
1950, with the aforesaid protocol of April 20, 1953, to the end that
the same and every article and clause thereof may be observed and
fulfilled in good faith by the United States of America and by the
citizens of the United States of America and all other persons subject to
the jurisdiction thereof, subject to the aforesaid understanding.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Seal
of the United States of America to be affixed.
DONE at the city of Washington this fifteenth day of January in the
year of our Lord one thousand nine hundred fifty-four and of the
Independence of the United States of America the one hundred
seventy-eighth.
(s) Dwight D. Eisenhower
By the President:
JOHN FOSTER DULLES
Secretary of State
PROTOCOL 2
The undersigned, the Honorable CAVENDISH W. CANNON, Ambassador of the
United States of America in Greece, and His Excellency ALEXANDER PAPAGOS,
Field marshal of Greece Prime Minister, Minister for Foreign Affairs ad
interim, being duly authorized by their respective Governments, have met
for the purpose of exchanging the instruments of ratification
by their respective Governments of the convention between the United
States of America and the Kingdom of Greece for the avoidance of double
taxation and the prevention of fiscal evasion with respect to taxes on
income, signed at Athens on February 20, 1950, and the respective
instruments of ratification of the convention aforesaid having been
compared and found to be in due form, the exchange took place this day.
As recited in the ratification on the part of the United States of
America, the Senate of the United States of America, in its resolution of
September 17, 1951 advising and consenting to the ratification of the
convention aforesaid, expressed a certain understanding with respect
thereto, as follows:
"It is understood that the application of Article XIX of the
convention shall be confined and limited as granting authority to each
Contracting State to collect only such taxes imposed by the other
Contracting State as will insure that the exemption or reduced rate of tax
granted under the present convention by such other State shall not be
enjoyed by persons not entitled to such benefits".
The text of the said understanding was communicated by the Government
of the United States of America to the Government of the Kingdom of
Greece. The Government of the Kingdom of Greece has accepted the said
understanding by a supplementary protocol signed in Athens on April 20,
1953 and ratified by Legislative Decree No 2548, of August 16, 1953,
promulgated with the advice and consent of the Interim Parliamentary
Committee and published in the Greek Government Gazette, Volume I, Folio
231, of August 27, 1953.
Accordingly it is understood by the two Governments that, upon entry
into force of the convention aforesaid in accordance with its provisions,
Article XIX thereof shall be applied in accordance with the said
understanding.
IN WITNESS WHEREOF, the respective Plenipotentiaries have signed the
present Protocol of Exchange.
DONE in duplicate, in the English and Greek languages, at Athens this
30th day of December 1953.
FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF
UNITED STATES OF AMERICA THE KINGDOM OF GREECE
(s) Cavendish W. Cannon (s) A. Papagos