CONVENTION BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
AMERICA AND THE GOVERNMENT OF THE KINGDOM OF NORWAY FOR THE
AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION
WITH RESPECT
颁布时间:1971-12-03
ARTICLE 26
Diplomatic and Consular Officers
Nothing in this Convention shall affect the fiscal privileges of
diplomatic and consular officials under the general rules of international
law or under the provisions of special agreements.
ARTICLE 27
Mutual Agreement Procedure
(1) Where a resident of one of the Contracting States considers that
the action of one or both of the Contracting States results or will
result for him in taxation not in accordance with this Convention, he may,
notwithstanding the remedies provided by the national laws of the
Contracting States, present his case to the competent authority of the
Contracting State of which he is a resident. Should the resident's claim
be considered to have merit by the competent authority of the Contracting
State to which the claim is made, it shall endeavor to come to an
agreement with the competent authority of the other Contracting State with
a view to the avoidance of taxation contrary to the provisions of this
Convention.
(2) The competent authorities of the Contracting States shall endeavor
to resolve by mutual agreement any difficulties or doubts arising as to
the application of this Convention. In particular, the competent
authorities of the Contracting States may agree-
(a) To the same attribution of industrial or commercial profits to a
resident of one of the Contracting States and its permanent establishment
situated in the other Contracting State;
(b) To the same allocation of income, deductions, credits, or
allowances between a resident of one of the Contracting States and any
related person; or
(c) To the same determination of the source of particular items of
income.
(3) The competent authorities of the Contracting States may
communicate with each other directly for the purpose of reaching an
agreement in the sense of this article. When it seems advisable for the
purpose of reaching agreement, the competent authorities may meet together
for an oral exchange of opinions.
(4) In the event that the competent authorities reach such an
agreement, taxes shall be imposed on such income, and refund or credit of
taxes shall be allowed, by the Contracting States in accordance with such
agreement.
ARTICLE 28
Exchange of Information
(1) The competent authorities of the Contracting States shall exchange
such information as is pertinent to carrying out the provisions of this
Convention and of the domestic laws of the Contracting States concerning
taxes covered by this Convention. Any information so exchanged shall be
treated as secret and shall not be disclosed to any persons other than
those (including a court or administrative body) concerned with
assessment, collection, enforcement, or prosecution in respect of the
taxes which are the subject of this Convention.
(2) In no case shall the provisions of paragraph (1) be construed so
as to impose on one of the Contracting States the obligation-
(a) To carry out administrative measures at variance with the laws or
the administrative practice of that Contracting State or the other
Contracting State;
(b) To supply particulars which are not obtainable under the laws, or
in the normal course of the administration, of that Contracting State or
of the other Contracting State; or
(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.
(3) The exchange of information shall be either on a routine basis or
on request with reference to particular cases. The competent authorities
of the Contracting States may agree on the list of information which shall
be furnished on a routine basis.
(4) The competent authorities of the Contracting States shall notify
each other of any amendments of the tax laws referred to in paragraph (1)
of Article 1 (Taxes Covered) and of the adoption of any taxes referred to
in paragraph (2) of Article 1 (Taxes Covered) by transmitting the texts of
any amendments or new statutes at least once a year.
(5) The competent authorities of the Contracting States shall notify
each other of the publication by their respective Contracting States of
any material concerning the application of this Convention, whether in the
form of regulations, rulings, or judicial decisions by transmitting
the texts of any such materials at least once a year.
ARTICLE 29
Assistance in Collection
(1) Each of the Contracting States shall endeavor to collect on behalf
of the other Contracting State such taxes imposed by that other
Contracting State as will ensure that any exemption or reduced rate of tax
granted under this Convention by that other Contracting State shall not he
enjoyed by persons not entitled to such benefits. The competent
authorities of the Contracting States may consult together for the purpose
of giving effect to this article.
(2) In no case shall this article be construed so as to impose upon a
Contracting State the obligation to carry out administrative measures at
variance with the regulations and practices of either Contracting State or
which would be contrary to the first-mentioned Contracting State's
sovereignty, security, or public policy.
ARTICLE 30
Extension to Territories
(1) Either one of the Contracting States may, at any time while this
Convention continues in force, by a written notification given to the
other Contracting State through diplomatic channels, declare its desire
that the operation of this Convention, either in whole or in part or with
such modifications as may be found necessary for special application in a
particular case, shall-
(a) In the case of the United States, extend to all or any of the
areas (to which this Convention is not otherwise applicable) for whose
international relations it is responsible and which impose taxes
substantially similar in character to those which are the subject
of this Convention, and
(b) In the case of Norway, extend to all or any of the areas (to which
this Convention is not otherwise applicable) for whose international
relations it is responsible and in which taxes are imposed which are
substantially similar in character to those that are the subject of this
Convention.
When the other Contracting State has, by a written communication
through diplomatic channels, signified to the first-mentioned Contracting
State that such notification is accepted in respect of such area or areas,
and the notification and communication have been ratified and instruments
of ratification exchanged, this Convention, in whole or in part, or with
such modifications as may be found necessary for special application in a
particular case, as specified in the notification, shall apply to the area
or areas named in the notification and shall enter into force and effect
on and after the date or dates specified therein. None of the provisions
of this Convention shall apply to any such area in the absence of such
acceptance and exchange of instruments of ratification in respect of that
area.
(2) At any time after the date of entry into force of an extension
under paragraph (1), either of the Contracting States may, by six-months'
prior notice of termination given to the other Contracting State through
diplomatic channels, terminate the application of this Convention to any
area to which it has been extended under paragraph (1), and in such event
this Convention shall cease to apply and have force and effect, beginning
on or after the first day of January next following the expiration of the
six-month period, to the area or areas named therein, but without
affecting its continued application to the United States, Norway, or to
any other area to which it has been extended under paragraph (1).
(3) In the application of this Convention in relation to any area to
which it is extended by notification by Norway or the United States,
reference to "Norway" or the "United States", as the case may be, shall be
construed as referring to that area.
(4) The termination in respect of the United States or Norway of this
Convention under Article 32 (Termination) shall, unless otherwise
expressly agreed by both Contracting States terminate the application of
this Convention to any area to which the Convention has been extended
under this article by the United States or Norway.
CHAPTER VII
FINAL PROVISIONS
ARTICLE 31
Entry into Force
(1) This Convention shall be ratified and the instruments of
ratification shall be exchanged at Washington, D.C., as soon as possible.
It shall enter into force two months after the exchange of the instruments
of ratification. Its provisions shall for the first time have effect-
(a) in the case of the United States-
(i) As respects the rate of withholding tax, to amounts paid on or
after the date on which this Convention enters into force;
(ii) As respects other income taxes, to taxable years beginning on or
after January 1, 1971;
(b) in the case of Norway-
(i) As respects the rate of withholding tax, to amounts paid on or
after the date on which this Convention enters into force;
(ii) As respect other taxes, to income years beginning on or after
January 1, 1971.
(2) The Convention between Norway and the United States of America for
the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with
respect to Taxes on Income signed at Washington, D.C., on June 13, 1949,
modified and supplemented by the Supplementary Convention signed at Oslo
on July 10, 1958, shall terminate and cease to have effect in respect of
income to which this Convention applies under paragraph (1) of this
article.
ARTICLE 32
Termination
(1) This Convention shall remain in force until terminated by one of
the Contracting States. Either Contracting State may terminate the
Convention at any time after five years from the date on which this
Convention enters into force provided that at least six-months' prior
notice of termination has been given through diplomatic channels. In such
event, the Convention shall cease to have force and effect as respects
income of taxable years or income years beginning (or, in the case of
taxes payable at the source, payments made) on or after January 1 next
following the expiration of the six-month period.
(2) Notwithstanding the provision of paragraph (1), and upon prior
notice to be given through diplomatic channels, the provisions of Article
19 (Social Security Payments) may be terminated by either Contracting
State at any time after this Convention enters into force.
DONE at Oslo in duplicate, in the English and Norwegian languages, the
two texts having equal authenticity, this third day of December 1971.
FOR THE UNITED STATES OF AMERICA: FOR THE KINGDOM OF NORWAY
(s) Philip K. Crowe (s) Andreas Cappelen