S.I. No. 467/2014 - Double Taxation Relief (Taxes on Income) (Botswana) Order 2014.

1. This Agreement shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Agreement after five years from the date on which the Agreement enters into force provided that at least six months prior written notice of termination has been given through diplomatic channels.

2. In such event this Agreement shall cease to have effect

(

a

) in Botswana

(i) as respects taxes withheld at source, for any amounts credited on or after the thirtieth day following the date on which the notice of termination is given;

(ii) as respects other taxes, for taxable income derived on or after the first day of July of the year next following that in which the notice of termination is given;

(

b

) in Ireland

(i) as respects income tax, the universal social charge and capital gains tax, for any year of assessment beginning on or after the first day of January in the calendar year next following that in which the notice of termination is given;

(ii) as respects corporation tax, for any financial year beginning on or after the first day of January in the calendar year next following that in which the notice of termination is given.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Agreement.

DONE at Gaborone, this 10 day of June 2014 in duplicate, in the English language.

Joe Costello

Ontefetse K. Matambo

FOR THE GOVERNMENT OF IRELAND

FOR THE GOVERNMENT OF REPUBLIC OF BOTSWANA

PROTOCOL

On signing the Agreement between the Government of Ireland and the Government of the Republic of Botswana for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, the signatories, being duly authorised thereto, have in addition agreed on the following provisions which shall form an integral part of the said Agreement

(1) With reference to Article 4

It is understood that a Common Contractual Fund (CCF) established in Ireland shall not be regarded as a resident of Ireland and shall be treated as fiscally transparent for the purposes of granting treaty benefits.

(2) With reference to Articles 10 and 11

For the purpose of paragraph 3 of Article 10 and paragraph 3 of Article 11, the term “Government” shall include

(i) in the case of Botswana, the Bank of Botswana;

(ii) in the case of Ireland, the Central Bank of Ireland and the National Treasury Management Agency and bodies under its aegis;

and

(iii) in either case, a statutory body or any institution wholly or mainly owned by the Government of Botswana or the Government of Ireland as may be agreed from time to time between the competent authorities of the Contracting States.

IN WITNESS WHEREOF the undersigned, being duly authorised thereto, have signed this Protocol.

DONE at Gaborone, this 10 day of June 2014 in duplicate, in the English language.

Joe Costello

Ontefetse K. Matambo

FOR THE GOVERNMENT OF IRELAND

FOR THE GOVERNMENT OF REPUBLIC OF BOTSWANA

GIVEN under the Official Seal of the Government,

14 October 2014.

ENDA KENNY,

Taoiseach.

3. The competent authorities of the Contracting States shall by mutual agreement settle the mode of application of the provisions of this Article.

Article 28

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.

Article 29

ENTRY INTO FORCE

4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information.

5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.

Article 27

ASSISTANCE IN COLLECTION

6. Where, by reason of a special relationship between the payer and the recipient or between both of them and some other person, the amount of the technical fees paid exceeds, for whatever reason, the amount which would have been agreed upon by the payer and the recipient in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the law of each Contracting State, due regard being had to the other provisions of this Agreement.

7. Notwithstanding paragraph 2, where, in any Agreement for the avoidance of double taxation and the prevention of fiscal evasion entered into by Botswana with any State other than Ireland after the signing of this Agreement, the rate of tax specified in the Article relating to technical fees is a rate less than 7.5 per cent, such lower rate shall apply as if it had been the rate specified in this Article.

Article 21

OTHER INCOME

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

21

st October

, 2014.

WHEREAS it is enacted by section 826(1) (as amended by

section 157

of the

Finance Act 2010

(No. 5 of 2010)) of the

Taxes Consolidation Act 1997

(No. 39 of 1997) that where the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation in respect of income tax, corporation tax in respect of income and chargeable gains, capital gains tax or any taxes of a similar character imposed by the laws of the State or by the laws of that territory and, in the case of taxes of any kind or description imposed by the laws of the State or the laws of that territory, in relation to exchanging information for the purposes of the prevention and detection of tax evasion, granting relief from taxation under the laws of that territory to persons who are resident in the State for the purposes of tax or collecting and recovering tax (including interest, penalties and costs in connection with such tax) for the purpose of the prevention of tax evasion, and that it is expedient that those arrangements should have the force of law, and that the order so made is referred to in Part 1 of Schedule 24A of the

Taxes Consolidation Act 1997

, then, subject to section 826 of that Act, the arrangements shall, notwithstanding any enactment, have the force of law as if such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 1 of Schedule 24A;

AND WHEREAS it is further enacted by

section 826

(6) of the

Taxes Consolidation Act 1997

that where such an order is proposed to be made, a draft of the order shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann;

AND WHEREAS a draft of the following Order has been laid before Dáil Éireann and a resolution approving of the draft has been passed by Dáil Éireann;

NOW, the Government, in exercise of the powers conferred on them by section 826(1) (as amended by

section 157

of the

Finance Act 2010

(No. 5 of 2010)) of the

Taxes Consolidation Act 1997

, hereby order as follows