The International Tax Enforcement (Curaçao, Sint Maarten and BES Islands) Order 2011

Made: 12th October 2011

At the Court at Buckingham Palace, the 12th day of October 2011Present,The Queen’s Most Excellent Majesty in Council

Accordingly, Her Majesty, in exercise of the powers conferred upon Her by section 173(1) to (3) of the Finance Act 2006, by and with the advice of Her Privy Council, orders as follows—

Citation

1

This Order may be cited as the International Tax Enforcement (Curaçao, Sint Maarten and BES Islands) Order 2011.

Tax information exchange agreement to have effect

2

It is declared that—

• (a) the agreement set out in the Schedule to this Order has been made with the Government of the Kingdom of the Netherlands, in respect of Curaçao, Sint Maarten and the BES Islands (formerly the Netherlands Antilles), with a view to the exchange of information foreseeably relevant to the administration or enforcement or recovery of the taxes, and debts relating to the taxes, covered by the agreement; and

• (b) it is expedient that the agreement should have effect.

SCHEDULE

Signed

Judith Simpson — Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

The Schedule to this Order contains an agreement (“the Agreement”) dealing with the exchange of information for tax purposes between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Kingdom of the Netherlands, in respect of Curaçao, Sint Maarten and the BES Islands (Bonaire, Saba and Sint Eustatius) (formerly the Netherlands Antilles). This Order brings the Agreement into effect.

Article 1 provides for citation.

Article 2 makes a declaration as to the effect and content of the Agreement.

The Agreement provides for the exchange of information relevant to the administration or enforcement or recovery of the taxes covered by the Agreement by the revenue authorities of the two countries. Information will be exchanged in accordance with the provisions of the Agreement.

The Agreement will enter into force on the first day of the second month after the date of the later of the notifications by each country of the completion of its legislative procedures. It will take effect as follows:

• (a) in respect of requests relating to criminal tax matters, on the date of entry into force; and

• (b) in respect of all other requests, for taxable periods beginning on or after the date of entry into force or, where there is no taxable period, for all charges to tax arising on or after that date.

The date of entry into force will, in due course, be published in the London, Edinburgh and Belfast Gazettes.

In line with government commitments, a Tax Information and Impact Note has not been prepared for this Order as it gives effect to a previously announced policy to enact a tax information exchange agreement.

Footnotes

[^f00001]: 2006 c. 25.