Article 27-30

1.

The competent authorities of the Contracting States shall exchange such information as is necessary for carrying out the provisions of this Convention or of the domestic laws of the Contracting States concerning taxes covered by the Convention insofar as the taxation thereunder is not contrary to the Convention. The exchange of information is not restricted by Article 1 (General Scope). Any information received by a Contracting State shall be treated as confidential 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, collection, or administration of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by the Convention. 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.

3.

If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall obtain the information to which the request relates in the same manner and to the same extent as if the tax of the first-mentioned State were the tax of that other State and were being imposed by that other State. 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 complete original documents (including books, papers, statements, records, accounts, and writings), to the same extent such depositions and documents can be obtained under the laws and administrative practices of that other State with respect to its own taxes.

4.

For the purposes of this Article, the Convention shall apply, notwithstanding the provisions of Article 2 (Taxes Covered), to taxes of every kind imposed by a Contracting State.

Nothing in this Convention shall affect the fiscal privileges of members of diplomatic missions and consular officers or employees of a consular establishment under the general rules of international law or under the provisions of special agreements.

1.

This Convention shall be subject to ratification in each Contracting State and instruments of ratification shall be exchanged at Kiev as soon as possible.

2.

The Convention shall enter into force on the date of the exchange of instruments of ratification and its provisions shall have effect:

a)

in respect of taxes withheld at source on dividends, interest or royalties, for amounts paid or credited on or after the first day of the second month following the month in which the Convention enters into force;

b)

in respect of other taxes, for taxable periods beginning on or after the first of January following the date on which the Convention enters into force.

3.

The Convention between the United States of America and the Union of Soviet Socialist Republics on Matters of Taxation, signed on June 20, 1973, (``the l973 Convention'') shall cease to have effect when the provisions of this Convention take effect in accordance with this Article.

4.

Where any greater relief from tax would have been afforded to a person entitled to the benefits of the 1973 Convention under that Convention than under this Convention, the 1973 Convention shall, at the election of such person, continue to have effect in its entirety for the first taxable year with respect to which the provisions of this Convention would otherwise have effect under paragraph 2; or, in the case of a person claiming the benefits of Article III (1) (d) of the 1973 Convention at the time of entry into force of this Convention, the 1973 Convention shall, at the election of such person continue to have effect, in its entirety, for the duration of the period of benefits provided by that subparagraph.

1.

This Convention shall remain in force until terminated by a Contracting State. Either contracting State may terminate the Convention at any time after 5 years from the date on which the Convention enters into force, by giving, through diplomatic channels, at least 6 months prior notice of termination in writing. In such event, the Convention shall cease to have effect:

a)

in respect of taxes withheld at source, for amounts paid or credited on or after the first of January following the expiration of the 6-month period;

b)

in respect of other taxes, for taxable periods beginning on or after the first of January following the expiration of the 6 month period.

IN WITNESS WHERE OF, the undersigned, being duly authorized by their respective Governments, have signed this Convention.

DONE at Washington, this fourth day of March, 1994, in duplicate, in the English and Ukrainian languages, both texts being equally authentic.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: 
 (s) William J. Clinton
FOR THE GOVERNMENT OF UKRAINE:
 (s) Leonid Kravchuk

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