Article 2. Scope of assistance
1 Each Competent Authority undertakes, in accordance with the provisions of this Agreement, to provide the Competent Authority of the other Contracting Party with the greatest possible measure of mutual administrative assistance in obtaining and exchanging information relating to the administration and enforcement of the other's futures and options laws and regulations.
Article 3. General principles
2 The provisions of this Agreement will not give rise to a right, directly or indirectly, on the part of any person other than the Competent Authorities, to obtain, suppress or exclude any information or to challenge the execution of a request for assistance under this Agreement, without prejudice to the constitutional law of the Contracting Parties.
Article 4. Requests for assistance
3 In the event of urgency, requests for assistance and replies may be effected by summary procedures or by means of communication other than the exchange of written information, provided that all communications are confirmed in the manner prescribed in this Article.
Article 5. Execution of requests
3 The Competent Authority of the Requested State shall obtain the information requested by the Competent Authority of the Requesting State. The information shall be obtained in conformance with paragraph 2 and, in so far as it is reasonably possible to do so, in the form and pursuant to the procedures desired by that Authority, including requiring statements of persons.
4 The Competent authority of the Requested State shall, upon request, in so far as it is reasonably necessary to do so, conduct examinations of the books and records of a futures business or its custodian or agent.
Article 6. Permissible use of information
The Competent Authority of the Requesting State may use the information supplied only for the use indicated in its request:
a) With respect to the use of information in criminal proceedings, prior approval of the Competent Authority of the Requested State shall be obtained.
b) With respect to all other uses of information, the Competent Authority of the Requesting State must inform the Competent Authority of the Requested State before using the information supplied for reasons other than those indicated in its initial request. The Competent Authority of the Requested State may oppose such other use only in cases where such use would not be in the interest of the administration and enforcement of futures laws and regulations or when the circumstances mentioned in paragraph 3 of Article 3 are applicable. Unless such opposition is made within fourteen days of the receipt of the notification of the intended use of the Competent Authority of the Requesting State, the information may be used in the manner specified in the notification.
Article 7. Confidentiality
1 Except as contemplated in Article 6, each Competent Authority will maintain the secrecy, to the extent permitted by law, of the request for assistance, the component parts of the request and the information gathered and provided pursuant to the request. Such secrecy may be waived, to the extent permitted by law, by the mutual agreement of the Competent Authorities of the Requesting and the Requested States.
2 When the Requesting Competent Authority has terminated the matter for which assistance has been requested under this Agreement, upon request of the Requested Competent Authority, it will return to the Requested Competent Authority, to the extent permitted by law, all documents and copies thereof and other material disclosing the contents of such documents not already disclosed in proceedings referred to in Article 6, or pursuant to paragraph 1 of this Article, other than material which is generated as part of the deliberative or internal analytical process of the Requesting Competent Authority.
Article 8. Effect on other Agreements
Article 9. Costs
1 If it appears that responding to an individual request for assistance under this Agreement will involve substantial costs being incurred by the Competent Authority of the Requested State, the Competent Authorities of both States shall establish a cost sharing arrangement before further effecting the request for assistance.
2 If, in general, the execution of this Agreement leads to costs being incurred mainly and substantially by one of the Competent Authorities, the Competent Authorities of the Contracting Parties concerned shall conclude a general cost sharing arrangement.
Article 11. Entry into Force
This Agreement shall enter into force on the first day of the second month following the date on which both the Contracting Parties have informed each other in writing that the procedures constitutionally required therefor in their respective countries have been complied with.
Article 12. Territorial application of the Agreement
With regard to the Kingdom of the Netherlands this Agreement shall apply to the territory of the Kingdom of the Netherlands in Europe.
Article 13. Termination
2 Such denunciation shall become effective six months after the receipt of the notification. If any Contracting Party gives such notice, this Agreement will continue to have effect with respect to all requests for assistance made before the effective date of such notification until the Competent Authority of the Requesting State concludes the matter for which assistance was requested.
IN WITNESS WHEREOF, the undersigned, being duly authorized to that effect, have signed this Agreement.
DONE at Washington this twenty-ninth day of April, 1993, in the English language.
For the Government of the Kingdom of the Netherlands:
(sd.) W. KOK
For the Government of the United States of America:
(sd.) WILLIAM P. ALBRECHT