5. The competent authority of the applicant Party shall provide the following
information to the competent authority of the requested Party when making a
request for information under this Agreement, with the greatest degree of
specificity possible:

(a) the identity of the person or ascertainable group or category of
persons under examination or investigation;

(b) a statement of the information sought, including its nature and the
form in which the applicant Party wishes to receive the information from
the requested Party;

(c) the period of time with respect to which the information is requested;

(d) the matter under the applicant Party’s tax law with respect to which
the information is sought;

(e) grounds for believing that the information requested is foreseeably
relevant to tax administration or enforcement of the applicant Party with
respect to the person or group or category of persons identified in
subparagraph 5(a);

(f) grounds for believing that the information requested is held in the
requested Party or is in the possession or control of a person within the
jurisdiction of the requested Party;

(g) to the extent known, the name and address of any person believed to
be in possession or control of the requested information;

(h) a statement that the request is in conformity with the law and
administrative practices of the applicant Party, that if the requested
information was within the jurisdiction of the applicant Party then the
competent authority of the applicant Party would be able to obtain the
information under the laws of the applicant Party or in the normal course
of administrative practice and that it is in conformity with this Agreement;
and

(i) a statement that the applicant Party has pursued all means available
in its own territory to obtain the information, except those that would give
rise to disproportionate difficulties.

6. The competent authority of the requested Party intends to forward the
requested information as promptly as possible to the applicant Party. To ensure
a prompt response, the competent authority of the requested Party intends to:

(a) confirm receipt of a request in writing to the competent authority of
the applicant Party and notify the competent authority of the applicant
Party of deficiencies in the request, if any, within 60 days of the receipt of
the request; and



3. If the Agreement is terminated, both Contracting Parties shall remain bound
by the provisions of Article 10 (Confidentiality) with respect to any information
obtained under the Agreement.

In witness whereof, the undersigned, being duly authorized thereto by their
respective Governments, have signed this Agreement.

Done at Buenos Aires this 23 day of December, 2016, in duplicate, in the
English language, which is an authentic text. A Spanish language text shall be
prepared, which shall be considered equally authentic upon an exchange of
diplomatic notes between the Parties confirming its conformity with the English
language text.

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA ARGENTINE REPUBLIC

es eas - Ae

4n



3. If the request referred to in paragraph 2 of this Article is acceded to, the
competent authority of the Contracting Party conducting the examination shall,
as soon as possible, notify the competent authority of the other Party about the
time and place of the examination, the authority or official designated to carry
out the examination and the procedures and conditions required by the first-
mentioned Party for the conduct of the examination. All decisions with respect
to the conduct of the tax examination shall be made by the Party conducting the
examination.

ARTICLE 9
Possibility of Declining a Request

1. The requested Party shall not be required to obtain or provide information
that the applicant Party would not be able to obtain under its own laws for
purposes of the administration or enforcement of its own tax laws. The
competent authority of the requested Party may decline to assist where the
request is not made in conformity with this Agreement. The competent authority
of the requested Party may decline to assist where the applicant Party has not
pursued all means available in its own territory to obtain the information, except
those that would give rise to disproportionate difficulties.

2. The provisions of this Agreement shall not impose on a Contracting Party the
obligation to supply information that would disclose any trade, business,
industrial, commercial or professional secret or trade process. Notwithstanding
the foregoing, information of the type referred to in Article 5 (Exchange of
Information Upon Request), paragraph 4 shall not be treated as such a secret
or trade process merely because it meets the criteria in that paragraph.

3. The provisions of this Agreement shall not impose on a Contracting Party the
obligation to obtain or provide information that would reveal confidential
communications between a client and an attorney, solicitor or other admitted
legal representative where such communications are:

(a) produced for the purposes of seeking or providing legal advice; or

(b) produced for the purposes of use in existing or contemplated legal
proceedings.

4. The requested Party may decline a request for information if the disclosure
of the information would be contrary to public policy (ordre public).

5. A request for information shall not be refused on the ground that the tax
claim giving rise to the request is disputed.

6. A request for information shall not be refused on the ground that the period
of limitations in the requested Party has expired. Instead, the statute of
limitations of the applicant Party pertaining to the taxes to which the Agreement
applies shall govern a request for information.



(b) if the competent authority of the requested Party has been unable to
obtain and provide the information within 90 days of receipt of the
request, including if it encounters obstacles in furnishing the information
or it refuses to furnish the information, promptly inform the applicant
Party, explaining the reason for its inability, the nature of the obstacles or
the reasons for its refusal.

ARTICLE 6

Automatic Exchange of Information

The competent authorities may automatically transmit information to each other
for the purposes referred to in Article 1 (Object and Scope of this Agreement).
The competent authorities shall determine the items of information to be
exchanged pursuant to this Article and the procedures to be used to exchange
such items of information.

ARTICLE 7

Spontaneous Exchange of Information

The competent authority of a Contracting Party may spontaneously transmit to
the competent authority of the other Contracting Party information that has
come to the attention of the first-mentioned competent authority and that the
first-mentioned competent authority supposes to be foreseeably relevant to the
accomplishment of the purposes referred to in Article 1 (Object and Scope of
this Agreement). The competent authorities shall determine the procedures to
be used to exchange such information.

ARTICLE 8
Tax Examinations Abroad

1. For the purposes referred to in Article 1 (Object and Scope of this
Agreement), a Contracting Party may allow representatives of the other
Contracting Party to interview individuals and examine records in the territory of
the first-mentioned Party with the written consent of the persons concerned.
The competent authority of the second-mentioned Party shall notify the
competent authority of the first-mentioned Party of the time and place of the
meeting with the individuals concerned.

2. At the request of the competent authority of one Contracting Party, the
competent authority of the other Contracting Party may allow representatives of
the competent authority of the first-mentioned Party to be present at the
appropriate part of a tax examination in the second-mentioned Party.



ARTICLE 12

Mutual Agreement Procedure

1. Where difficulties or doubts arise between the Contracting Parties regarding
the implementation or interpretation of this Agreement, the competent
authorities shall endeavor to resolve the matter by mutual agreement.

2. The competent authorities may adopt and implement procedures to facilitate
the implementation of this Agreement.

3. The competent authorities of the Contracting Parties may communicate with
each other directly for purposes of reaching a mutual agreement under this
Article.

ARTICLE 13

Mutual Assistance Procedure

The competent authorities of the Contracting Parties may agree to exchange
technical know-how, develop new audit techniques, identify new areas of non-
compliance and jointly study non-compliance areas.

ARTICLE 14
Entry Into Force

This Agreement shall enter into force one month from the date of receipt of
Argentina’s written notification to the United States that Argentina has
completed its necessary internal procedures for entry into force of this
Agreement. The provisions of this Agreement shall have effect for requests
made on or after the date of entry into force, concerning information for taxes
relating to taxable periods beginning on or after January 1 of the calendar year
next following the year in which this Agreement enters into force or, where there
is no taxable period, for all charges to tax arising on or after January 1 of the
calendar year next following the year in which this Agreement enters into force.

ARTICLE 15

Termination

1. The Agreement shall remain in force until terminated by a Contracting Party.

2. Either Contracting Party may terminate the Agreement by giving notice of
termination in writing to the other Contracting Party. Such termination shall
become effective on the first day of the month following the expiration of a
period of six months after the date of receipt of the notice of termination.



AGREEMENT
BETWEEN
THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND
THE GOVERNMENT OF THE ARGENTINE REPUBLIC
FOR THE EXCHANGE OF INFORMATION RELATING TO TAXES

The Government of the United States of America (the “United States”) and the
Government of the Argentine Republic (“Argentina”), desiring to facilitate the
exchange of information with respect to taxes, have agreed as follows:

ARTICLE 1

Object and Scope of this Agreement

The competent authorities of the Contracting Parties shall provide assistance to
each other through exchange of information that is foreseeably relevant to the
administration and enforcement of the domestic laws of the Contracting Parties
concerning taxes covered by this Agreement. Such information shall include
information that is foreseeably relevant to the determination, assessment and
collection of such taxes, the recovery and enforcement of tax claims, or the
investigation or prosecution of tax matters. Information shall be exchanged in
accordance with the provisions of this Agreement and shall be treated as
confidential in the manner provided in Article 10 (Confidentiality) of this
Agreement.

ARTICLE 2
Jurisdiction

A requested Party shall not be obligated to provide information that is neither
held by its authorities nor in the possession or control of persons who are within
its territorial jurisdiction. With respect to information held by its authorities or in
the possession or control of persons who are within its territorial jurisdiction,
however, the requested Party shall provide information in accordance with this
Agreement regardless of whether the person to whom the information relates is,
or whether the information is held by, a resident or national of a Contracting
Party.



7. The provisions of the preceding paragraphs shall not be construed so as to
impose on a Contracting Party the obligation to supply information requested by
the applicant Party to administer or enforce a provision of the tax law of the
applicant Party, or any requirement connected therewith, which discriminates
against a national of the requested Party. A provision of tax law or connected
requirement will be considered to be discriminatory against a national of the
requested Party if it is more burdensome with respect to a national of the
requested Party than with respect to a national of the applicant Party in the
same circumstances. For purposes of the preceding sentence, a national of the
applicant Party who is subject to tax on worldwide income is not in the same
circumstances as a national of the requested Party who is not subject to tax on
worldwide income. The provisions of this paragraph shall not be construed so
as to prevent the exchange of information with respect to the taxes imposed by
the Contracting Parties on branch profits, branch-level interest, or on the
premium income of nonresident insurers or foreign insurance companies.

ARTICLE 10
Confidentiality

1. Any information received by a Contracting Party under this Agreement shall
be treated as confidential and may be disclosed only to persons or authorities
(including courts and administrative bodies) in the jurisdiction of the Contracting
Party concerned with the assessment or collection of, the enforcement or
prosecution in respect of, or the determination of appeals in relation to, the
taxes covered by this Agreement, or the oversight of such functions. Such
persons or authorities shall use such information only for such purposes. They
may disclose the information in public court proceedings or in judicial decisions.
The information may not be disclosed to any other person, entity, authority or
jurisdiction.

2. Notwithstanding the foregoing, where the competent authority of the
Contracting Party that provided the information provides prior, written consent,
the information may be used (a) for other purposes when information received
by a Contracting Party under this Agreement may be used for the same or
similar purposes under the laws of both Contracting Parties, or (b) for purposes
permitted under the provisions of an international agreement governing legal
assistance in criminal matters that is in force between the Contracting Parties
that allows for the exchange of tax information.

ARTICLE 11
Costs

Unless the competent authorities of the Contracting Parties otherwise agree,
ordinary costs incurred in providing assistance shall be borne by the requested
Party and extraordinary costs incurred in providing assistance shall be borne by
the applicant Party. The Contracting Parties shall consult each other before the
requested Party incurs any extraordinary costs.



ARTICLE 5
Exchange of Information Upon Request

1. The competent authority of the requested Party shall provide information for
the purposes referred to in Article 1 (Object and Scope of this Agreement) upon
request by the competent authority of the applicant Party. Such information
shall be exchanged without regard to whether the requested Party needs such
information for its own tax purposes or whether the conduct being investigated
would constitute a crime under the laws of the requested Party if such conduct
occurred in the requested Party.

2. If the information in the possession of the competent authority of the
requested Party is not sufficient to enable it to comply with the request for
information, the requested Party shall use all relevant information gathering
measures to provide the applicant Party with the information requested,
notwithstanding that the requested Party may not need such information for its
own tax purposes. Privileges under the laws and practices of the applicant Party
shall not apply in the execution of a request by the requested Party and the
resolution of such matters shall be solely the responsibility of the applicant
Party.

3. If specifically requested by the competent authority of an applicant Party, the
competent authority of the requested Party shall provide information under this
Article, to the extent allowable under its domestic laws, in the form of
depositions of witnesses and authenticated copies of original records.

4. Each Contracting Party shall ensure that its competent authority, for the
purposes specified in Article 1 (Object and Scope of this Agreement) of this
Agreement, has the authority to obtain and provide upon request:

(a) information held by banks, other financial institutions, and any person
acting in an agency or fiduciary capacity including nominees and
trustees; and

(b) information regarding the ownership of companies, partnerships,
trusts, foundations, “Anstalten” and other persons, including, within the
constraints of Article 2 (Jurisdiction), ownership information on all such
persons in an ownership chain; in the case of trusts, information on
settlors, trustees and beneficiaries; and in the case of foundations,
information on founders, members of the foundation council and
beneficiaries.

Notwithstanding subparagraph 4(b), this Agreement does not create an
obligation on the Contracting Parties to obtain or provide ownership information
with respect to publicly traded companies or public collective investment funds
or schemes unless such information can be obtained without giving rise to
disproportionate difficulties to the requested Party.



(g) the term “principal class of shares” means the class or classes of
shares representing a majority of the voting power and value of the
company;

(h) the term “recognized stock exchange” means any stock exchange
agreed upon by the competent authorities of the Contracting Parties;

(i) the term “public collective investment fund or scheme” means any
pooled investment vehicle, irrespective of legal form, if the purchase,
sale or redemption of the units, shares or other interests in the
investment vehicle is not implicitly or explicitly restricted to a limited
group of investors;

(j) the term “tax” means any tax to which this Agreement applies and
does not include customs duties;

(k) the term “applicant Party” means the Contracting Party requesting
information;

(I) the term “requested Party” means the Contracting Party requested to
provide information;

(m) the term “information gathering measures” means laws and
administrative or judicial procedures that. enable a Contracting Party to
obtain and provide the requested information; and

(n) the term “information” means any fact, statement or record in any
form whatever.

2. For purposes of determining the geographic area within which jurisdiction to
compel production of information may be exercised:

(a) the term “United States” means the territory of the United States of
America, including American Samoa, Guam, the Northern Mariana
Islands, Puerto Rico, the U.S. Virgin Islands and any other U.S.
possession or territory; and

(b) the term “Argentina” means the territory of the Argentine Republic.

3. As regards the application of this Agreement at any time by a Contracting
Party, any term not defined therein shall, unless the context otherwise requires
or the competent authorities agree to a common meaning pursuant to the
provisions of Article 12 (Mutual Agreement Procedure), have the meaning that it
has at that time under the law of that Party, any meaning under the applicable
tax laws of that Party prevailing over a meaning given to the term under other
laws of that Party.



ARTICLE 3
Taxes Covered

1. This Agreement shall apply to the following taxes imposed by the
Contracting Parties:
(a) in the case of the United States, all federal taxes; and
(b) in the case of Argentina, all national taxes administered by the
Federal Administration of Public Revenue.

2. This Agreement also shall apply to any identical or substantially similar taxes
that are imposed after the date of signature of this Agreement in addition to, or
in place of, the existing taxes. The competent authorities of the Contracting
States shall notify each other of any significant changes that have been made in
their taxation laws or other laws that relate to the application of this Agreement.

ARTICLE 4
Definitions
1. For the purposes of this Agreement, unless otherwise defined:

(a) the term “Contracting Party” means the United States or Argentina as
the context requires;

(b) the term “competent authority” means:

(i) in the case of the United States, the Secretary of the Treasury
or his delegate, and

(ii) in the case of Argentina, the Federal Administrator of Public
Revenue or his delegate;

(c) the term “person” includes an individual, a company and any other
body of persons;

(d) the term “company” means any body corporate or any entity that is
treated as a body corporate for tax purposes;

(e) the term “national” of a Contracting Party means any individual
possessing the nationality or citizenship of that Contracting Party, and
any legal person, partnership or association deriving its status as such
from the laws in force in that Contracting Party;

(f) the term “publicly traded company” means any company whose
principal class of shares is listed on a recognized stock exchange if the
purchase or sale of its listed shares is not implicitly or explicitly restricted
to a limited group of investors;