[Congressional Record Volume 165, Number 119 (Tuesday, July 16, 2019)]
[Senate]
[Pages S4850-S4851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TREATY APPROVED
The Protocol Amending the Tax Convention with Spain (Treaty Doc. 113-4)
Resolved (two-thirds of the Senators present concurring
therein),
Section 1. Senate Advice and Consent Subject to a
Declaration and Conditions.
The Senate advises and consents to the ratification of the
Protocol Amending the Convention between the United States of
America and the Kingdom of Spain for the Avoidance of Double
Taxation and the Prevention of Fiscal Evasion with respect to
Taxes on Income and its Protocol, signed at Madrid on
February 22, 1990, and a related Memorandum of Understanding,
signed on January 14, 2013, at Madrid, together with
correcting notes dated July 23, 2013, and January 31, 2014
(the ``Protocol'') (Treaty Doc. 113-4 ), subject to the
declaration of section 2 and the conditions in section 3.
Sec. 2. Declaration.
[[Page S4851]]
The advice and consent of the Senate under section 1 is
subject to the following declaration: The Protocol is self-
executing.
Sec. 3. Conditions.
The advice and consent of the Senate under section I is
subject to the following conditions:
(1) Not later than 2 years after the Protocol enters into
force and prior to the first arbitration conducted pursuant
to the binding arbitration mechanism provided for in the
Protocol, the Secretary of the Treasury shall transmit to the
Committee on Finance and the Committee on Foreign Relations
of the Senate and the Joint Committee on Taxation the text of
the rules of procedure applicable to arbitration panels,
including conflict of interest rules to be applied to members
of the arbitration panel.
(2)(A) Not later than 60 days after a determination has
been reached by an arbitration panel in the tenth arbitration
proceeding conducted pursuant to the Protocol or any of the
treaties described in subparagraph (8), the Secretary of the
Treasury shall prepare and submit to the Joint Committee on
Taxation and the Committee on Finance of the Senate, subject
to laws relating to taxpayer confidentiality, a detailed
report regarding the operation and application of the
arbitration mechanism contained in the Protocol and such
treaties. The report shall include the following information:
(i) For the Protocol and each such treaty, the aggregate
number of cases pending on the respective dates of entry into
force of the Protocol and each treaty, including the
following information:
(I) The number of such cases by treaty article or articles
at issue.
(II) The number of such cases that have been resolved by
the competent authorities through a mutual agreement as of
the date of the report.
(III) The number of such cases for which arbitration
proceedings have commenced as of the date of the report.
(ii) A list of every case presented to the competent
authorities after the entry into force of the Protocol and
each such treaty, including the following information
regarding each case:
(I) The commencement date of the case for purposes of
determining when arbitration is available.
(II) Whether the adjustment triggering the case, if any,
was made by the United States or the relevant treaty partner.
(III) Which treaty the case relates to.
(IV) The treaty article or articles at issue in the case.
(V) The date the case was resolved by the competent
authorities through a mutual agreement, if so resolved.
(VI) The date on which an arbitration proceeding commenced,
if an arbitration proceeding commenced.
(VII) The date on which a determination was reached by the
arbitration panel, if a determination was reached, and an
indication as to whether the panel found in favor of the
United States or the relevant treaty partner.
(iii) With respect to each dispute submitted to arbitration
and for which a determination was reached by the arbitration
panel pursuant to the Protocol or any such treaty, the
following information:
(I) In the case of a dispute submitted under the Protocol,
an indication as to whether the presenter of the case to the
competent authority of a Contracting State submitted a
Position Paper for consideration by the arbitration panel.
(II) An indication as to whether the determination of the
arbitration panel was accepted by each concerned person.
(III) The amount of income, expense, or taxation at issue
in the case as determined by reference to the filings that
were sufficient to set the commencement date of the case for
purposes of determining when arbitration is available.
(IV) The proposed resolutions (income, expense, or
taxation) submitted by each competent authority to the
arbitration panel.
(B) The treaties referred to in subparagraph (A) are--
(i) the 2006 Protocol Amending the Convention between the
United States of America and the Federal Republic of Germany
for the Avoidance of Double Taxation and the Prevention of
Fiscal Evasion with Respect to Taxes on Income and Capital
and to Certain Other Taxes, done at Berlin June 1, 2006
(Treaty Doc. 109-20) (the ``2006 German Protocol'');
(ii) the Convention between the Government of the United
States of America and the Government of the Kingdom of
Belgium for the Avoidance of Double Taxation and the
Prevention of Fiscal Evasion with Respect to Taxes on Income,
and accompanying protocol, done at Brussels July 9, 1970 (the
``Belgium Convention'') (Treaty Doc. 110-3);
(iii) the Protocol Amending the Convention between the
United States of America and Canada with Respect to Taxes on
Income and on Capital, signed at Washington September 26,
1980 (the ``2007 Canada Protocol'') (Treaty Doc. 110-15); and
(iv) the Protocol Amending the Convention between the
Government of the United States of America and the Government
of the French Republic for the Avoidance of Double Taxation
and the Prevention of Fiscal Evasion with Respect to Taxes on
Income and Capital, signed at Paris August 31, 1994 (the
``2009 France Protocol'') (Treaty Doc. 111-4).
(3) The Secretary of the Treasury shall prepare and submit
the detailed report required under paragraph (2) on March 1
of the year following the year in which the first report is
submitted to the Joint Committee on Taxation and the
Committee on Finance of the Senate, and on an annual basis
thereafter for a period of five years. In each such report,
disputes that were resolved, either by a mutual agreement
between the relevant competent authorities or by a
determination of an arbitration panel, and noted as such in
prior reports may be omitted.
(4) The reporting requirements referred to in paragraphs
(2) and (3) supersede the reporting requirements contained in
paragraphs (2) and (3) of section 3 of the resolution of
advice and consent to ratification of the 2009 France
Protocol, approved by the Senate on December 3, 2009.
The PRESIDING OFFICER. Under the previous order, the motion to
reconsider is considered made and laid upon the table, and the
President will be immediately notified of the Senate's action.
The PRESIDING OFFICER. The Senator from South Dakota.
Order of Procedure
Mr. THUNE. Madam President, I ask unanimous consent that at 11 a.m.
on Wednesday, July 17, the Senate vote on the resolutions of
ratification for Treaties Calendar Nos. 2, 3, and 4 as under the
previous order and that if the resolutions are agreed to, the motions
to reconsider be considered made and laid upon the table and the
President be immediately notified of the Senate's action. I further ask
unanimous consent that following disposition of Treaties Calendar No.
4, the Senate resume consideration of the Corker nomination. Finally, I
ask unanimous consent that notwithstanding rule XXII, at 2 p.m. on July
17, the Senate vote on the cloture motions on the Corker, Blanchard,
and Tapia nominations and that if cloture is invoked, the confirmation
votes occur at a time determined by the majority leader in consultation
with the Democratic leader on Thursday, July 18.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
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