Worldwide: Multilateral Instrument: Analysis On The Application Of The Entry-Into-Force And The Entry-Into-Effect Articles To Covered Tax Agreements (Part 1)

Last Updated: 3 September 2019
Article by Alfred Chan

[1] Introduction

The Multilateral Convention to Implement Tax Related Measures to Prevent Base Erosion and Profit Shifting (the multilateral Instrument, the MLI), developed by the OECD and endorsed by the G20, offers concrete solutions for governments to close the gaps in existing international tax rules by transposing results from the OECD/G20 BEPS Project into bilateral tax treaties worldwide. The MLI modifies the application of thousands of bilateral tax treaties concluded to eliminate double taxation without creating opportunity for double non-taxation.

The MLI has been designed to strengthen existing tax treaties concluded among its parties without the need for burdensome and time-consuming bilateral renegotiations. It will modify existing bilateral tax treaties to swiftly implement the tax treaty measures developed in the course of the OECD/G20 BEPS Project.

In what follows, this analysis will cover Article 34 (entry-into-force) and Article 35 (entry-into-effect). It will also cover the use of opt-in provisions, opt-out provisions (reservations), and alternative provisions within the contexts of Article 35.

[2] Article 34 - Entry into Force

a) Legal texts of entry into force

Article 34(1) of the MLI provides that, the MLI entered into force on the first day of the month following the expiration of a period of three calendar months beginning on the date of deposit of the fifth instrument of ratification by the signatories. In chronological order, 5 jurisdictions, the Republic of Austria (22 September 2017), the Isle of Man (19 October 2017), Jersey (15 December 2017), Poland (23 January 2018) and Slovenia (22 March 2018), deposited their instruments with the OECD Depositary. Consequently, the MLI came into force on 1st July 2018. That is, the 1st day of the month following the expiration of a period of 3 calendar months beginning on 22 March 2018, the date on which Slovenia deposited the instrument of ratification to the OECD Depositary.

Article 34(2) of the MLI provides that for each Signatory ratifying, accepting, or approving this Convention after the deposit of the fifth instrument of ratification, acceptance or approval, the MLI shall enter into force on the first day of the month following the expiration of a period of three calendar months beginning on the date of the deposit by such Signatory of its instrument of ratification, acceptance or approval.

b) Example of the entry-into-force date

The United Kingdom deposited its Instrument of Ratification to the OECD Depositary on 29 June 2018. The MLI shall enter into force on 1 October 2019 with respect to its covered tax agreement (CTAs). Singapore deposited its Instrument of Ratification on 21 December 2018. The MLI shall enter into force on 1 April 2019 with respect to the Singapore's CTAs.

In respect of the Singapore-United Kingdom CTA, the MLI shall enter into force on 1 April 2019, the latest of the dates on which the MLI came into force for each of the contracting jurisdiction.

Table 1 – Entry into Force date

Signature Deposit ratification instrument Entry into Force Status of List
Singapore 6/7/2017 12/21/2018 4/1/2019 Definitive
United Kingdom 6/7/2017 6/29/2018 10/1/2018 Definitive

[3] Article 35 - Entry into Effect

a) Legal texts of Article 35(1)

Article 35(1) is the entry-into-effect provision. It reads as follows:

1. The Convention (the MLI) shall take effect in each contracting jurisdiction with respect to the covered tax agreement:

  1. with respect to taxes withheld at source on amounts paid or credited to non-residents (withholding tax), where the event giving rise to such taxes occurs on or after the first day of the next calendar year that begins on or after the latest of the dates on which the MLI comes into force for each of the contracting jurisdictions to the covered tax agreement (the CTA); and
  2. with respect to all other taxes levied by that contracting jurisdiction, for taxes levied with respect to taxable periods beginning on or after the expiration of a period of 6 calendar months (or a shorter period, if all Contracting Jurisdictions notify the Depositary that they intend to apply such shorter period) from the latest of the dates on which the MLI comes into force for each of the contracting jurisdictions to the CTA.

Article 35(2) is an alternative provision for Articles 35(1)(a) and (5)(a) respectively, and Article 35(3) is an alternative provision for Articles 35(1)(b) and (5)(b). Both texts of Articles 35(2) and (3) read as follows:

b) Legal texts of Article 35(2) and Article 35(3)

2. Solely for the purpose of its own application of subparagraph a) of paragraph 1 and subparagraph a) of paragraph 5, a Party may choose to substitute "taxable period" for "calendar year", and shall notify the Depositary accordingly.

3. Solely for the purpose of its own application of subparagraph b) of paragraph 1 and subparagraph b) of paragraph 5, a Party may choose to replace the reference to "taxable periods beginning on or after the expiration of a period" with a reference to "taxable periods beginning on or after 1 January of the next year beginning on or after the expiration of a period", and shall notify the Depositary accordingly.

Table 2 – The information is obtained from the OECD Depositary as of 29 August 2019.

Signature Deposit ratification instrument Entry into Force Status of List Option Alternative option
Article 35(1)(a) Article 35(1)(b) Article 35(2) Article 35(3)
Hong Kong (China) 6/7/2017 P X
India 6/7/2017 6/25/2019 10/1/2019 D X X
Israel 6/7/2017 9/13/2018 1/1/2019 D X X
Japan 6/7/2017 9/26/2018 1/1/2019 D X X
Malta 6/7/2017 12/18/2018 4/1/2019 D X X
Singapore 6/7/2017 12/21/2018 4/1/2019 D X X
United Kingdom 6/7/2017 6/29/2018 10/1/2018 D X X

Status of List: P=provisional; D=Definitive

(A) Table 2 from the OECD Depositary on 29 August 2019

As noted, Article 35(2) applies to Hong Kong, India, and Israel. As also noted, 6 contracting jurisdictions have deposited the instrument of ratification to the Depositary and chosen to apply article 35(3) to their CTA's. These contracting jurisdictions included Austria, Finland, Israel, Jersey, Malta, Russia, and Sweden. The design of Article 35(2) is to address the situation that the taxable period of some contracting jurisdictions does not follow the calendar year.

(B) Hong Kong's position on the entry-into-effect option

From Hong Kong's perspective, it has adopted the alternative provision under Article 35(2) to replace the option under Article 35(1)(a). It has also adopted Article 35(7)(a) to replace the option of Article 35(1)(b). As Hong Kong has not ratified its position, it is excluded from analysis below.

(C) Israeli position on withholding tax under Article 35(2)

Article 35(2) shall apply to the India-Israel CTA symmetrically. In respect of the Israel-Japan CTA, it is observed that Japan has adopted the entry-into-effect provision under Article 35(1)(a) while Israel has unilaterally chosen to replace "calendar year" with "taxable period" pursuant to Article 35(2). Therefore, the entry-into-effect date provision of the Israel-Japan CTA shall apply asymmetrically with respect to the withholding taxes. The same holds for the entry-into-effect date provision of the Israel-Malta CTA, the Israel-Singapore CTA, and the Israel-UK CTA.

c) Comparison between the use of 35(1) option and the alterative option is given below:

[i] Illustrated examples showing asymmetric application of Article 35(1)(a) and Article 35(2) with respect to withholding tax, and symmetric application of Article 35(3) with respect to other taxes

Example A: Entry-into-effect date under Malta-Israel CTA

Malta Israel
(1) Date of deposit of instrument of ratification 18 Dec 2018 13 Sept 2018
(2) Entry into force 01 April 2019 01 Jan 2019
(3) Entry into effect – WHT
Article 35(1)(a) applies to WHT, where the event giving rise to WHT occurs on or after 1st day of the next calendar year beginning on or after the later of (2). 01 Jan 2020
Article 35(2) applies, where the event giving rise to WHT occurs on or after 1st day of the next taxable period beginning on or after the later of (2). 01 Jan 2020

(taxable period runs from 1st Jan to 31 Dec each year)
(4) Entry into effect – all other tax (non-WHT) 01 Jan 2020
Article 35(3) applies to non-WHT, for taxes levied with respect to taxable periods beginning on or after 1 January of the next year (2020) beginning on or after the expiration of a period of 6 calendar months from the later of the entry-into-force dates (2019-4-1) the taxable periods beginning on 1 Jan of 2020 beginning after a period of 6 calendar months from 1 April 2019. the taxable periods beginning on 1 Jan of 2020 beginning after a period of 6 calendar months from 1 April 2019.

Malta's taxable period runs from 1st Jan to 31 Dec each year.

The Israeli position with respect to Article 35(3)

With respect to taxes other than withholding tax as per information in Table 2, Article 35(3) shall apply to the Israel-Malta CTA symmetrically because both of the two contracting jurisdictions have adopted the alternative rule under Article 35(3).

However, Article 35(3) shall not apply to the CTAs that Israel has concluded with the following 6 contracting jurisdictions: Hong Kong (provisionally), India, Japan, Singapore, and the United Kingdom because all of these contracting jurisdictions adopt the option under Article 35(1). In this regard, the entry-into-effect provision shall apply to these 6 CTAs asymmetrically.

Most of the contracting jurisdiction choose the above entry-into-effect date under Article 35(1)(a) with respect to withholding taxes and 35(1)(b) with respect to other taxes, meaning that the MLI shall take effect symmetrically on the contracting jurisdictions to the CTA. However, some contracting jurisdictions have adopted the alternative provisions for the withholding taxes under 35(2) and other taxes under 35(3). The application of a combination of option under Article 35(1) and alternative options will be examined in what follows.

[ii] Illustrated examples showing symmetric application of Article 35(1)(a) and Article 35(1)(b) with respect to withholding tax and other taxes respectively

Example B1: Entry-into-effect date under the Japan-Singapore CTA

Singapore Japan
(1) Date of deposit of the instrument of ratification 21 Dec 2018 26 Sept 2018
(2) Entry-into-force date 01 Apr 2019 01 Jan 2019
(3) Entry into effect – withholding tax (WHT) 01 Jan 2020 01 Jan 2020
Article 35(1)(a) applies to WHT, where the event giving rise to WHT occurs on or after 1st day of the next calendar year beginning on or after the later of entry-into-force date in (2).
(4) Entry into effect – all other tax (non-WHT) 01 Oct 2019 01 Oct 2019
Article 35(1)(b) applies to non-withholding tax, for taxes levied with respect to the taxable periods beginning on or after 6 calendar months from the later date of (2) above. years of assessment beginning on 1st Jan 2020 taxable periods beginning on 1st Jan 2020

Singapore's taxable period runs concurrently with the calendar year from 1st January to 31st December each year. Both Japan and Singapore adopt the provisions under Articles 35(1)(a) and 35(1)(b) with respect to withholding tax and other taxes.

Example B2. Entry-into-effect date under the Japan-United Kingdom CTA

United Kingdom Japan
(1) Date of deposit of instrument of ratification 29/06/2018 26/09/2018
(2) Entry into force 01/10/2018 01/01/2019
(3) Entry into effect – WHT 01/01/2019 01/01/2019
Article 35(1)(a) applies to WHT, where the event giving rise to WHT occurs on or after 1st day of next calendar year beginning on or after the later of entry-into-force date in (2).
(4) Entry into effect – all other tax (non-WHT) 01/07/2019 01/07/2019
Article 35(1)(b) applies to non-withholding tax, for taxes levied with respect to the taxable periods beginning on or after 6 calendar months from the later of entry-into-force date in (2) above. taxable periods beginning on 1st Apr 2020 (corporate tax), and 6 Apr 2020 (income tax and capital gains tax) taxable periods beginning on 1st Jan 2020

For withholding tax purpose, the entry-into-effect date for Japan falls on the same date as the entry-into-force date under Article 35(1)(a). In that regard, the OECD Secretariat has specifically dealt with this issue, as set out below.

Where a second of the pair of contracting jurisdictions deposits its instrument of ratification on a day in September 2018, the date of entry into force of the MLI for that contracting jurisdiction pursuant to Article 34 will be 1 Jan 2019. The question raised is whether the inclusion of the word "next" in Article 35(1)(a) means that, in such a case, the MLI has effect for events giving rise to withholding taxes which occur on or after 1 Jan 2019 or on or after 1 Jan 2020. The Secretariat has clarified that the use of the word "on" can only mean that the date from which the MLI have effect can be the same as the latest of the dates of entry into force. The same reasoning applies to the interpretation of the similar formulations used in Article 35(3) ("... 1 Jan of the next year beginning on or after...") and Article 35(5) ("... the first day of the next calendar year that begins on or after..."). See the notes issued by the OECD Secretariat.1

[iii] Illustrated examples showing symmetric application of Article 35(1)(a) with respect to withholding tax, and asymmetric application of Article 35(1)(b) and Article 35(3) with respect to other taxes

Solely for purpose of its own application of Article 35(1)(b), a contracting jurisdiction can unilaterally apply the alternative provision for the entry-into-effect date with respect to all other taxes under Article 35(3). As noted, where a contracting jurisdiction to the CTA opts in for Article 35(3) in place of 35(1)(b) while the other contracting jurisdiction adopt the provision under article 35(1), the entry-into-effect provision shall apply asymmetrically with respect to the CTA.

As the Explanatory Statement to the MLI clarifies, Article 35(3) is to allow Contracting Jurisdictions to ensure that the entry into effect would take place only after the start of a calendar year. Malta is one of the contracting jurisdictions that opt-in for Article 35(3).

Example C1. Entry-into-effect date under Malta-Singapore CTA

Malta Singapore
(1) Date of deposit of instrument of ratification 18/12/2018 21/12/2018
(2) Entry into force 01/04/2019 01/04/2019
(3) Entry into effect – WHT 01/01/2020 01/01/2020
Article 35(1)(a) applies to WHT, where the event giving rise to WHT occurs on or after 1st day of the next calendar year beginning on or after the later of entry-into-force date in (2) above.
(4) Entry into effect – all other tax (non-WHT) 01/10/2019 01/10/2019
Article 35(1)(b) applies to non-WHT, for taxes levied with respect to taxable periods beginning on or after 6 calendar months from the later of entry-into-force date in (2) above. years of assessment beginning on and after 1st Jan 2020.
Article 35(3) applies to non-WHT, for non-WHT levied with respect to taxable periods beginning on or after 1 January of the next year (2020) beginning on or after the expiration of a period of 6 calendar months from the latest of the entry-into-force dates (2019-4-1) the taxable periods beginning on 1 Jan 2020 beginning on or after 6 months from 1 April 2019.

Example C2. Entry-into-effect date under Malta-UK CTA

Malta United Kingdom
(1) Date of deposit of instrument of ratification 18 Dec 2018 29 Jun 2018
(2) Entry into force 01 April 2019 01 Oct 2018
(3) Entry into effect – WHT 01 Jan 2020 01 Jan 2020
Article 35(1)(a) applies to WHT, where the event giving rise to WHT occurs on or after 1st day of the next calendar year beginning on or after the later of (2).
(4) Entry into effect – all other tax (non-WHT) 01 Jan 2020 01 Jan 2020
Article 35(1)(b) applies to non-WHT, for taxes levied with respect to the taxable periods beginning on or after a period of 6 calendar months from the later of (2) above. the taxable period on and after 1 Apr 2020 (corporate tax), and 6 Apr 2020 (income tax and capital gains tax)
Article 35(3) applies to non-WHT, for taxes levied with respect to taxable periods beginning on or after 1 January of the next year (2020) beginning on or after the expiration of a period of 6 calendar months from the later of the entry-into-force dates (2019-4-1) the taxable periods beginning on 1 Jan of 2020 beginning after a period of 6 calendar months from 1 April 2019.

Malta unilaterally adopts the alternative provision under Article 35(3) solely for its own application of Article 35(1)(b). Accordingly, the entry-into-effect date of Malta, for all other taxes levied with respect to the taxable periods, shall begin on or after 1 January of the next year (2020) beginning on or after the expiration of a period of 6 calendar months from the latest of the dates (1 April 2019) on which the MLI comes into force for each of the contracting jurisdictions to the covered tax agreement.

In contrast, the Malta-United Kingdom CTA shows that the entry-into-effect date for the U.K. shall begin on and after 1 April 2020 under Article 35(1)(b).

In this regard, the entry-into-effect article shall apply asymmetrically with respect to the Malta-United Kingdom covered tax agreement.

[iv] Symmetrical Application Article 35(2) with respect to withholding taxes, and symmetrical application of Articles 35(3) with respect to other taxes, under the alternative rule

Example D. Entry-into-effect date under India-Israel CTA

India Israel
(1) Date of deposit of instrument of ratification 18 Dec 2018 13 Sept 2018
(2) Entry into force 25 Jun 2019 01 Jan 2019
(3) Entry into effect – WHT
Article 35(2) applies to WHT, where the event giving rise to WHT occurs on or after 1st day of the next taxable period beginning on or after the later of (2). 01 Oct 2020 01 Jan 2020

(taxable period runs from 1st Jan to 31 Dec each year)
(4) Entry into effect – all other tax (non-WHT) 01 Jan 2020
Article 35(3) applies to non-WHT, for taxes levied with respect to taxable periods beginning on or after 1 January of the next year (2020) beginning on or after the expiration of a period of 6 calendar months from the later of the entry-into-force dates (2019-4-1) the taxable periods beginning on 1 Jan of 2020 beginning after a period of 6 calendar months from 1 April 2019. the taxable periods beginning on 1 Jan of 2020 beginning after a period of 6 calendar months from 1 April 2019.

Both India and Israel adopt the alternative option under article 35(2) with respect to withholding taxes and article 35(3) with respect to other taxes. Therefore, the entry-into-effect shall apply symmetrically with respect to the CTA between India and Israel.

Footnote

1. http://www.oecd.org/tax/treaties/beps-mli-secretariat-note-entry-into-effect-under-article-35-1-a.pdf

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions