OECD. Each Party represents that it is also familiar with and that the other Party is concerned about the application of the Organization For Economic Cooperation and Development (the “OECD”) promulgated by the Convention in Combating Bribery of Foreign Public Officials in International Business Transactions (the “OECD Convention”). Each Party agrees that neither it nor any of its Affiliates will at any time engage in any action that would constitute a violation of the OECD.
OECD. OECD was established in 1961 and its mission is to promote policies that will improve the economic and social well-being of people around the world. The first guidelines concerning TP that was published by OECD was the report that got the title “Transfer Pricing and Multinational Enterprises” (OECD TP and MNEs, 1979). The OECD TP guidelines for multinational enterprises and tax administrations (OECD TP guidelines) were later adopted in 1995. These guidelines contain recommendations on how international situations concerning TP can be solved (OECD TP guidelines, 1995). Using the OECD TP guidelines is a voluntary thing to do, however most countries use the guidelines when designing and developing their own regulations around TP (Xxxxxxxxx, 2001). In the court case RÅ 1991 ref. 1071 the Swedish Supreme Administrative Court (SAC) has expressed that even if the guidelines published by OECD (the version of 1979) are not binding for the Swedish tax authorities, they still provide for a good and well balanced illustration of the problems and concerns within TP. The guidelines served as good guidance when interpretation and implementation of the regulation of adjustments concerning TP was concerned (RÅ 1991 ref. 107). Another thing stressing the importance of the OECD TP guidelines is that the Swedish tax authorities in their guidelines for international taxation refer to the TP methods in the OECD TP guidelines (Skatteverket, 2010). The implications of the arm’s length principle can be found in Article 9 in the OECD model tax convention, which, in shortening, states the following, “where…conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly” (OECD TP guidelines, 1995, paragraph 1.6).2 The article further states that if the arm’s length principle is not applied, then adjustment of the result is needed. By making adjustments according to this article, and as such making adjustments with reference to the terms which would have been obtained if a similar transaction was performed between independent businesses, it means that MNEs are treated as if they were operating as separate businesses, and hence acting in accordance wit...
OECD. The action of the Gaz de France Group falls within the context of the guiding principles outlined by the OECD, applicable to multinational companies. Lastly, the Gaz de France Group pays special attention to European directives and recommendations as well as to agreements negotiated between European social partners that may have an impact on the provisions set out in this agreement.
OECD. Health at a Glance 20192019.
OECD. Model Tax Convention on Income and on Capital (condensed version) (as it read on 21 November 2017). Paris: XXXX Xxxxxxxxxx, 2017.
OECD. 2012. Mortality Risk Valuation in Environment, Health and Transport Policies, XXXX Xxxxxxxxxx.
