28. pants

DARBĪBAS IZBEIGŠANA

Šī Konvencija ir spēkā tik ilgi, kamēr viena Līgumslēdzēja

Valsts tās darbību izbeidz. Katra Līgumslēdzēja Valsts var

izbeigt šīs Konvencijas darbību, paejot piecu gadu periodam pēc

Konvencijas stāšanās spēkā datuma, pa diplomātiskajiem kanāliem

iesniedzot rakstisku paziņojumu par izbeigšanu vismaz 6 (sešus)

mēnešus pirms jebkura kalendārā gada beigām. Šajā gadījumā

Konvencijas darbība abās Līgumslēdzējās Valstīs tiek

izbeigta:

a) attiecībā uz nodokļiem, ko ietur ienākuma izmaksas brīdī -

ienākumam, kas gūts janvāra pirmajā dienā vai pēc tās,

kalendārajā gadā, kas seko gadam, kurā ir iesniegts

paziņojums;

b) attiecībā uz pārējiem nodokļiem, kas maksājami par jebkuru

taksācijas gadu, kas sākas janvāra pirmajā dienā vai pēc tās,

kalendārajā gadā, kas seko gadam, kurā ir iesniegts

paziņojums.

To apliecinot, būdami pienācīgi pilnvaroti, šo Konvenciju ir

parakstījuši.

Sastādīta Vašingtonā, Kolumbijas apgabalā, divos eksemplāros

divi tūkstoši divpadsmitā gada divdesmitajā aprīlī, latviešu,

spāņu un angļu valodā, visi teksti ir vienlīdz autentiski.

Atšķirīgas interpretācijas gadījumā noteicošais ir teksts angļu

valodā.

Latvijas

Republikas valdības vārdā

Meksikas Savienoto

Valstu valdības vārdā

Andris Vilks

José Antonio Meade Kuribreña

Finanšu

ministrs

Finanšu un valsts

aizdevumu ministrs

PROTOKOLS

Latvijas Republikas valdības un Meksikas Savienoto Valstu

valdības konvencijas par nodokļu dubultās uzlikšanas un nodokļu

nemaksāšanas novēršanu attiecībā uz ienākuma nodokļiem (turpmāk -

Konvencija) parakstīšanas brīdī puses ir vienojušās, ka tālāk

minētie noteikumi ir Konvencijas neatņemama sastāvdaļa:

I. Attiecībā uz 6.pantu:

1. Tiek saprasts, ka termins "nekustamais īpašums"

ietver jebkuru iespēju vai līdzīgas tiesības iegūt nekustamo

īpašumu.

2. Tiek saprasts, ka gadījumā, ja sabiedrības akciju vai citu

korporatīvo tiesību īpašumtiesības dod šo akciju vai korporatīvo

tiesību īpašniekam tiesības uz sabiedrības turējumā esoša

nekustamā īpašuma izmantošanu, tad ienākumam no šo tiesību tiešas

izmantošanas, izīrēšanas vai izmantošanas citā veidā var uzlikt

nodokļus tajā Līgumslēdzējā Valstī, kurā atrodas nekustamais

īpašums.

II. Attiecībā uz 11.pantu:

Piemērojot 11.panta 6.daļu, ja aizdevums ir radies no galvenā

uzņēmuma un attiecīgā summa attiecas uz vairākām pastāvīgajām

pārstāvniecībām, kas atrodas dažādās valstīs, tad tiek uzskatīts,

ka procenti rodas tajā Līgumslēdzējā Valstī, kurā atrodas

pastāvīgā pārstāvniecība, bet tikai tādi procentu maksājumi,

kurus izmaksā (sedz) šī pastāvīgā pārstāvniecība.

III. Attiecībā uz 12.pantu:

Piemērojot 12.panta 5.daļas noteikumus, ja pienākums maksāt

autoratlīdzību ir noslēgts ar galveno uzņēmumu un attiecīgā summa

attiecas uz vairākām pastāvīgajām pārstāvniecībām, kas atrodas

dažādās valstīs, tad tiek uzskatīts, ka autoratlīdzība rodas tajā

Līgumslēdzējā Valstī, kurā atrodas pastāvīgā pārstāvniecība, bet

tikai tādi autoratlīdzības maksājumi, kurus izmaksā (sedz) šī

pastāvīgā pārstāvniecība.

IV. Attiecībā uz 12. un 13.pantu:

Tiek saprasts, ka maksājumi, ko gūst no jebkuru 12.panta

3.daļā minēto tiesību vai īpašuma atsavināšanas, ir uzskatāmi par

autoratlīdzību un apliekami saskaņā ar minēto pantu, ja vien

maksājumi netiek veikti pēc pušu pilnīgi un galīgi nolīgtas cenas

atsavināšanas datumā, bet ir atkarīgi no minēto tiesību vai

īpašuma faktiskā ražīguma vai lietošanas.

V. Attiecībā uz 14.pantu:

14.panta 1.daļa attiecas arī uz ienākumu, ko sabiedrība -

Līgumslēdzējas Valsts rezidents gūst sniedzot profesionālus

pakalpojumus, izmantojot otrā Līgumslēdzējā Valstī izvietoto

pastāvīgo bāzi.

VI. Attiecībā uz 24.pantu:

Neatkarīgi no visiem citiem līgumiem, kuru puses ir

Līgumslēdzējas Valstis, jebkuri nodokļu jautājumi saistībā ar

2.pantā minētajiem nodokļiem, ieskaitot strīdus par šīs

Konvencijas piemērošanu, starp Līgumslēdzējām Valstīm tiek

izšķirti tikai saskaņā ar šo pantu, ja vien kompetentās iestādes

nav vienojušās citādi.

VII. Attiecībā uz 25.pantu:

Ja Līgumslēdzēja Valsts saskaņā ar šo pantu pieprasa sniegt

informāciju, otrai Līgumslēdzējai Valstij ir jāizmanto tās

informācijas apkopošanas pasākumi, lai iegūtu pieprasīto

informāciju, pat ja tiek uzskatīts, ka pieprasītā informācija

otrai valstij nebūtu nepieciešama savām nodokļu uzlikšanas

vajadzībām. Pirmajā teikumā minētais pienākums attiecas uz

2.daļas ierobežojumiem, bet nekādā gadījumā šos ierobežojumus

nedrīkst izskaidrot tādējādi, ka tie Līgumslēdzējai Valstij

atļauj atteikties sniegt informāciju vienīgi tāpēc, ka tai nav

nacionālās intereses attiecībā uz šo informāciju.

Nekādā gadījumā 2.daļas noteikumus nedrīkst izskaidrot

tādējādi, ka tie Līgumslēdzējai Valstij atļautu attiekties sniegt

informāciju vienīgi tāpēc, ka informācijas turētāja ir banka,

cita finanšu institūcija, tās pārstāvis vai persona, kura

darbojas uz pilnvarojuma vai uzticības pamata, vai tādēļ, ka tas

saistīts ar īpašumtiesībām otrā personā.

VIII. Attiecībā uz terminu "pastāvīgā bāze":

Tiek saprasts, ka, Meksikas nodokļu uzlikšanas nolūkā,

pastāvīgā bāze tiks noteikta saskaņā ar principiem, kas tiek

izmantoti pastāvīgās pārstāvniecības noteikšanai.

IX. Vispārīgi:

1. Tiek saprasts, ka Līgumslēdzējām Valstīm Konvencijas

noteikumus ir jācenšas piemērot saskaņā ar Ienākumu un kapitāla

nodokļu paraugkonvencijas pantu komentāriem, kurus laika gaitā ir

izstrādājusi ESAO Fiskālo lietu komiteja, ciktāl Konvencijā

ietvertie noteikumi atbilst šajā paraugkonvencijā

ietvertajiem.

2. Šīs Konvencijas atvieglojumi nav piemērojami sabiedrībām

vai citām personām, kas piemērojot īpašu režīmu saskaņā ar vienas

no Līgumslēdzēju Valstu normatīvajiem aktiem vai administratīvo

praksi ir pilnīgi vai daļēji ir atbrīvotas no nodokļu maksāšanas.

Šo noteikumu pirmajā teikumā minētais īpašais režīms par tādu

tiks uzskatīts tikai tad, kad par to savstarpējas saskaņošanas

ceļā vienosies valstu kompetentās iestādes.

To apliecinot, būdami pienācīgi pilnvaroti, šo Protokolu ir

parakstījuši.

Sastādīts Vašingtonā, Kolumbijas apgabalā, divos eksemplāros

divi tūkstoši divpadsmitā gada divdesmitajā aprīlī, latviešu,

spāņu un angļu valodā, visi teksti ir vienlīdz autentiski.

Atšķirīgas interpretācijas gadījumā noteicošais ir teksts angļu

valodā.

Latvijas Republikas valdības

vārdā

Meksikas Savienoto Valstu

valdības vārdā

Andris

Vilks

José

Antonio Meade Kuribreña

Finanšu ministrs

Finanšu un valsts aizdevumu

ministrs

CONVENTION

BETWEEN

THE GOVERNMENT OF THE REPUBLIC OF LATVIA

AND

THE GOVERNMENT OF THE UNITED MEXICAN STATES

FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION

OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

The Government of the Republic of Latvia and the Government of

the United Mexican States,

Desiring to conclude a Convention for the avoidance of double

taxation and the prevention of fiscal evasion with respect to

taxes on income,

Have agreed as follows:

Article 1

PERSONS COVERED

This Convention shall apply to persons who are residents of

one or both of the Contracting States.

Article 2

TAXES COVERED

1. This Convention shall apply to taxes on income imposed on

behalf of a Contracting State, irrespective of the manner in

which they are levied.

2. There shall be regarded as taxes on income all taxes

imposed on total income, or on elements of income, including

taxes on gains from the alienation of movable or immovable

property.

3. The existing taxes to which the Convention shall apply are

in particular:

a) in Latvia:

(i) the enterprise income tax (uznemumu ienakuma

nodoklis);

(ii) the personal income tax (iedzivotaju ienakuma

nodoklis);

(hereinafter referred to as "Latvian tax");

b) in Mexico:

(i) the federal income tax (impuesto sobre la renta

federal);

(ii) the business flat rate tax (impuesto empresarial a

tasa única);

(hereinafter referred to as "Mexican tax").

4. The Convention shall apply also to any identical or

substantially similar taxes that are imposed after the date of

signature of the Convention in addition to, or in place of, the

existing taxes. The competent authorities of the Contracting

States shall notify each other of any significant changes that

have been made in their respective taxation laws.

Article 3

GENERAL DEFINITIONS

1. For the purposes of this Convention, unless the context

otherwise requires:

a) the term "Latvia" means the Republic of Latvia

and, when used in the geographical sense, means the territory of

the Republic of Latvia and any other area adjacent to the

territorial waters of the Republic of Latvia within which under

the laws of Latvia and in accordance with international law, the

rights of Latvia may be exercised with respect to the sea bed and

its sub-soil and their natural resources;

b) the term "Mexico" means the United Mexican

States; when used in a geographical sense, it includes the

territory of the United Mexican States, as well as the integrated

parts of the Federation, the islands, including the reefs and

cays in the adjacent waters; the islands of Guadalupe and

Revillagigedo, the continental shelf and the seabed and sub-soil

of the islands, cays and reefs; the waters of the territorial

seas and the inland waters and beyond them, the areas over which,

in accordance with the international law, Mexico may exercise its

sovereign rights of exploration and exploitation of the natural

resources of the seabed, sub-soil and the suprajacent waters, and

the air space of the national territory, to the extent and under

conditions established by international law;

c) the terms "a Contracting State" and "the

other Contracting State" mean Latvia or Mexico, as the

context requires;

d) the term "person" includes an individual, a

company and any other body of persons;

e) the term "company" means any body corporate or

any entity that is treated as a body corporate for tax

purposes;

f) the terms "enterprise of a Contracting State" and

"enterprise of the other Contracting State" mean

respectively an enterprise carried on by a resident of a

Contracting State and an enterprise carried on by a resident of

the other Contracting State;

g) the term "international traffic" means any

transport by a ship or aircraft operated by an enterprise of a

Contracting State, except when the ship or aircraft is operated

solely between places in the other Contracting State;

h) the term "competent authority" means:

(i) in Latvia, the Ministry of Finance or its authorised

representative;

(ii) in Mexico, the Ministry of Finance and Public Credit;

i) the term "national" means:

(i) any individual possessing the nationality of a Contracting

State; and

(ii) any legal person, partnership or association deriving its

status as such from the laws in force in a Contracting State.

2. As regards the application of the Convention at any time by

a Contracting State, any term not defined therein shall, unless

the context otherwise requires, have the meaning that it has at

that time under the law of that State for the purposes of the

taxes to which the Convention applies, any meaning under the

applicable tax laws of that State prevailing over a meaning given

to the term under other laws of that State.

Article 4

RESIDENT

1. For the purposes of this Convention, the term

"resident of a Contracting State" means any person who,

under the laws of that State, is liable to tax therein by reason

of his domicile, residence, place of management, place of

incorporation or any other criterion of a similar nature, and

also includes that State and any political subdivision or local

authority thereof. This term, however, does not include any

person who is liable to tax in that State in respect only of

income from sources in that State or capital situated

therein.

2. Where by reason of the provisions of paragraph 1 an

individual is a resident of both Contracting States, then his

status shall be determined as follows:

a) he shall be deemed to be a resident only of the State in

which he has a permanent home available to him; if he has a

permanent home available to him in both States, he shall be

deemed to be a resident only of the State with which his personal

and economic relations are closer (centre of vital

interests);

b) if the State in which he has his centre of vital interests

cannot be determined, or if he has not a permanent home available

to him in either State, he shall be deemed to be a resident only

of the State in which he has an habitual abode;

c) if he has an habitual abode in both States or in neither of

them, he shall be deemed to be a resident only of the State of

which he is a national;

d) if he is a national of both States or of neither of them,

the competent authorities of the Contracting States shall settle

the question by mutual agreement.

3. Where by reason of the provisions of paragraph 1, a person

other than an individual is a resident of both Contracting

States, the competent authorities of the Contracting States shall

endeavour to settle the question by mutual agreement and

determine the mode of application of the Convention to such

person. In the absence of such agreement, for the purposes of the

Convention, the person shall not be entitled to claim any

benefits provided by this Convention.

Article 5

PERMANENT ESTABLISHMENT

1. For the purposes of this Convention, the term

"permanent establishment" means a fixed place of

business through which the business of an enterprise is wholly or

partly carried on.

2. The term "permanent establishment" includes

especially:

a) a place of management;

b) a branch;

c) an office;

d) a factory;

e) a workshop; and

f) a mine, an oil or gas well, a quarry or any other place of

extraction of natural resources.

3. The term "permanent establishment" likewise

encompasses:

a) a building site or a construction, assembly or installation

project or supervisory activities in connection therewith, but

only where such site, project or activities continue for a period

of more than 6 (six) months;

b) activities carried on in a Contracting State in connection

with the exploration or exploitation of the seabed and its

sub-soil and their natural resources situated in that State, if

such activities are carried on for a period or periods exceeding

in the aggregate 90 (ninety) days in any 12 (twelve) month

period.

4. Notwithstanding the preceding provisions of this Article,

the term "permanent establishment" shall be deemed not

to include:

a) the use of facilities solely for the purpose of storage,

display or delivery of goods or merchandise belonging to the

enterprise;

b) the maintenance of a stock of goods or merchandise

belonging to the enterprise solely for the purpose of storage,

display or delivery;

c) the maintenance of a stock of goods or merchandise

belonging to the enterprise solely for the purpose of processing

by another enterprise;

d) the maintenance of a fixed place of business solely for the

purpose of purchasing goods or merchandise or of collecting

information, for the enterprise;

e) the maintenance of a fixed place of business solely for the

purpose of carrying on, for the enterprise, any other activity of

a preparatory or auxiliary character;

f) the maintenance of a fixed place of business solely for any

combination of activities mentioned in sub-paragraphs a) to e),

provided that the overall activity of the fixed place of business

resulting from this combination is of a preparatory or auxiliary

character.

5. Notwithstanding the provisions of paragraphs 1 and 2, where

a person - other than an agent of an independent status to whom

paragraph 6 applies - is acting on behalf of an enterprise and

has, and habitually exercises, in a Contracting State an

authority to conclude contracts in the name of the enterprise,

that enterprise shall be deemed to have a permanent establishment

in that State in respect of any activities which that person

undertakes for the enterprise, unless the activities of such

person are limited to those mentioned in paragraph 4 which, if

exercised through a fixed place of business, would not make this

fixed place of business a permanent establishment under the

provisions of that paragraph.

6. An enterprise shall not be deemed to have a permanent

establishment in a Contracting State merely because it carries on

business in that State through a broker, general commission agent

or any other agent of an independent status, provided that such

persons are acting in the ordinary course of their business.

However, when the activities of such an agent are exercised

wholly or almost wholly on behalf of that enterprise and when the

conditions between the agent and the enterprise differ from those

which would be made between independent persons, such agent shall

not be considered an agent of an independent status within the

meaning of this paragraph. In such case the provisions of

paragraph 5 shall apply.

7. The fact that a company which is a resident of a

Contracting State controls or is controlled by a company which is

a resident of the other Contracting State, or which carries on

business in that other State (whether through a permanent

establishment or otherwise), shall not of itself constitute

either company a permanent establishment of the other.

Article 6

INCOME FROM IMMOVABLE PROPERTY

1. Income derived by a resident of a Contracting State from

immovable property (including income from agriculture or

forestry) situated in the other Contracting State may be taxed in

that other State.

2. The term "immovable property" shall have the

meaning which it has under the law of the Contracting State in

which the property in question is situated. The term shall in any

case include property accessory to immovable property, livestock

and equipment used in agriculture and forestry, rights to which

the provisions of general law respecting landed property apply,

usufruct of immovable property and rights to variable or fixed

payments as consideration for the working of, or the right to

work, mineral deposits, sources and other natural resources,

rights to assets to be produced by the exploration or

exploitation of the seabed or sub-soil and their natural

resources, including rights to interests in or to the benefits of

such assets. Ships, boats and aircraft shall not be regarded as

immovable property.

3. The provisions of paragraph 1 shall apply to income derived

from the direct use, letting, or use in any other form of

immovable property, as well as income from the alienation of

immovable property.

4. The provisions of paragraphs 1 and 3 shall also apply to

the income from immovable property of an enterprise and to income

from immovable property used for the performance of independent

personal services.

Article 7

BUSINESS PROFITS

1. The business profits of an enterprise of a Contracting

State shall be taxable only in that State unless the enterprise

carries on business in the other Contracting State through a

permanent establishment situated therein. If the enterprise

carries on business as aforesaid, the business profits of the

enterprise may be taxed in the other State but only so much of

them as is attributable to that permanent establishment. However,

profits derived from the sale of goods or merchandise of the same

or similar kind as those sold through that permanent

establishment may be considered attributable to that permanent

establishment if it is established that such sales were

structured in a manner intended to avoid taxation in the State

where the permanent establishment is situated.

2. Subject to the provisions of paragraph 3, where an

enterprise of a Contracting State carries on business in the

other Contracting State through a permanent establishment

situated therein, there shall in each Contracting State be

attributed to that permanent establishment the profits which it

might be expected to make if it were a distinct and separate

enterprise engaged in the same or similar activities under the

same or similar conditions and dealing wholly independently with

the enterprise of which it is a permanent establishment.

3. In determining the profits of a permanent establishment,

there shall be allowed as deductions expenses which are incurred

for the purposes of the permanent establishment, including

executive and general administrative expenses so incurred,

whether in the State in which the permanent establishment is

situated or elsewhere. However, no such deduction shall be

allowed in respect of amounts, if any, paid (otherwise than

towards reimbursement of actual expenses) by the permanent

establishment to the head office of the enterprise or any of its

other offices, by way of royalties, fees or other similar

payments in return for the use of patents or other rights, or by

way of commission, for specific services performed or for

management, or, except in the case of a banking enterprise, by

way of interest on moneys lent to the permanent establishment.

Likewise, no account shall be taken, in the determination of the

profits of a permanent establishment, for amounts charged

(otherwise than towards reimbursement of actual expenses) by the

permanent establishment to the head office of the enterprise or

any of its other offices, by way of royalties, fees or other

similar payments in return for the use of patents or other

rights, or by way of commission for specific services performed

or for management, or, except in the case of a banking

enterprise, by way of interest on moneys lent to the head office

of the enterprise or any of its other offices.

4. Insofar as it has been customary in a Contracting State to

determine the profits to be attributed to a permanent

establishment on the basis of an apportionment of the total

profits of the enterprise to its various parts, nothing in

paragraph 2 shall preclude that Contracting State from

determining the profits to be taxed by such an apportionment as

may be customary; the method of apportionment adopted shall,

however, be such that the result shall be in accordance with the

principles contained in this Article.

5. No profits shall be attributed to a permanent establishment

by reason of the mere purchase by that permanent establishment of

goods or merchandise for the enterprise.

6. For the purposes of the preceding paragraphs, the profits

to be attributed to the permanent establishment shall be

determined by the same method year by year unless there is good

and sufficient reason to the contrary.

7. Where profits include items of income which are dealt with

separately in other Articles of this Convention, then the

provisions of those Articles shall not be affected by the

provisions of this Article.

Article 8

SHIPPING AND AIR TRANSPORT

1. Profits of an enterprise of a Contracting State from the

operation of ships or aircraft in international traffic shall be

taxable only in that State.

2. Profits referred to in paragraph 1 do not include profits

derived from the operation of hotels, or a transport activity

other than the operation, in international traffic, of ships or

aircraft.

3. For the purposes of this Article, profits from the

operation of ships or aircraft in international traffic

include:

a) profits from the rental on a bareboat basis of ships or

aircraft; or

b) profits from use, maintenance or rental of containers

(including trailers and related equipment for the transport of

containers) used for the transport of goods or merchandise;

where such activities, as the case may be, are incidental to

the operation of ships or aircraft by the enterprise in

international traffic.

4. The provisions of paragraph 1 shall also apply to profits

from the participation in a pool, a joint business or an

international operating agency.

Article 9

ASSOCIATED ENTERPRISES

1. Where

a) an enterprise of a Contracting State participates directly

or indirectly in the management, control or capital of an

enterprise of the other Contracting State; or

b) the same persons participate directly or indirectly in the

management, control or capital of an enterprise of a Contracting

State and an enterprise of the other Contracting State,

and in either case 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.

2. Where a Contracting State includes in the profits of an

enterprise of that State - and taxes accordingly - profits on

which an enterprise of the other Contracting State has been

charged to tax in that other State and the profits so included

are profits which would have accrued to the enterprise of the

first-mentioned State if the conditions made between the two

enterprises had been those which would have been made between

independent enterprises, then that other State shall make an

appropriate adjustment to the amount of the tax charged therein

on those profits. In determining such adjustment, due regard

shall be had to the other provisions of this Convention and the

competent authorities of the Contracting States shall if

necessary consult each other.

Article 10

DIVIDENDS

1. Dividends paid by a company which is a resident of a

Contracting State to a resident of the other Contracting State

may be taxed in that other State.

2. However, such dividends may also be taxed in the

Contracting State of which the company paying the dividends is a

resident and according to the laws of that State, but if the

beneficial owner of the dividends is a resident of the other

Contracting State, the tax so charged shall not exceed:

a) 5 per cent of the gross amount of the dividends if the

beneficial owner is a company (other than a partnership) which

holds directly at least 10 per cent of the capital of the company

paying the dividends;

b) 10 per cent of the gross amount of the dividends in all

other cases.

This paragraph shall not affect the taxation of the company in

respect of the profits out of which the dividends are paid.

3. The term "dividends" as used in this Article

means income from shares or other rights, not being debt-claims,

participating in profits, as well as income from other corporate

rights and other income which is subjected to the same taxation

treatment as income from shares by the laws of the State of which

the company making the distribution is a resident.

4. The provisions of paragraphs 1 and 2 shall not apply if the

beneficial owner of the dividends, being a resident of a

Contracting State, carries on business in the other Contracting

State of which the company paying the dividends is a resident,

through a permanent establishment situated therein, or performs

in that other State independent personal services from a fixed

base situated therein, and the holding in respect of which the

dividends are paid is effectively connected with such permanent

establishment or fixed base. In such case the provisions of

Article 7 or Article 14, as the case may be, shall apply.

5. Where a company which is a resident of a Contracting State

derives profits or income from the other Contracting State, that

other State may not impose any tax on the dividends paid by the

company, except insofar as such dividends are paid to a resident

of that other State or insofar as the holding in respect of which

the dividends are paid is effectively connected with a permanent

establishment or a fixed base situated in that other State, nor

subject the company's undistributed profits to a tax on the

company's undistributed profits, even if the dividends paid or

the undistributed profits consist wholly or partly of profits or

income arising in such other State.

Article 11

INTEREST

1. Interest arising in a Contracting State and paid to a

resident of the other Contracting State may be taxed in that

other State.

2. However, such interest may also be taxed in the Contracting

State in which it arises and according to the laws of that State,

but if the beneficial owner of the interest is a resident of the

other Contracting State, the tax so charged shall not exceed:

a) 5 percent of the gross amount of the interest paid to and

by banks;

b) 10 per cent of the gross amount of the interest in all

other cases.

3. Notwithstanding the provisions of paragraph 2, interest

referred to in paragraph 1 shall be taxable only in the

Contracting State in which the beneficial owner is a resident

if:

a) the beneficial owner is a Contracting State, a political

subdivision or a local authority thereof, or the Central Bank of

a Contracting State;

b) the interest is paid by any of the entities mentioned in

subparagraph a);

c) the beneficial owner is a recognized pension fund provided

that its income is generally exempt from tax in that State;

d) the interest arises in Latvia and is paid in respect of a

loan granted, guaranteed or insured, by Banco de México, Banco

Nacional de Comercio Exterior, S.N.C., Nacional Financiera,

S.N.C. or Banco Nacional de Obras y Servicios Públicos, S.N.C.,

or by any other institution, as may be agreed from time to time

between the competent authorities of the Contracting States;

or

e) the interest arises in Mexico and is paid in respect of a

loan granted, guaranteed or insured by the Bank of Latvia, the

Mortgage and Land Bank of Latvia, or by any other institution, as

may be agreed from time to time between the competent authorities

of the Contracting States.

4. The term "interest" as used in this Article means

income from debt-claims of every kind, whether or not secured by

mortgage and whether or not carrying a right to participate in

the debtor's profits, and in particular, income from government

securities and income from bonds or debentures, including

premiums and prizes attaching to such securities, bonds or

debentures, as well as all other income that is treated as income

from money lent by the laws of the Contracting State in which the

income arises. The term "interest" shall not include

any item of income which is considered as a dividend under the

provisions of paragraph 3 of Article 10.

5. The provisions of paragraphs 1, 2 and 3 shall not apply if

the beneficial owner of the interest, being a resident of a

Contracting State, carries on business in the other Contracting

State in which the interest arises, through a permanent

establishment situated therein, or performs in that other State

independent personal services from a fixed base situated therein,

and the debt-claim in respect of which the interest is paid is

effectively connected with such permanent establishment or fixed

base. In such case the provisions of Article 7 or Article 14, as

the case may be, shall apply.

6. Interest shall be deemed to arise in a Contracting State

when the payer is a resident of that State. Where, however, the

person paying the interest, whether he is a resident of a

Contracting State or not, has in a Contracting State a permanent

establishment or a fixed base in connection with which the

indebtedness on which the interest is paid was incurred, and such

interest is borne by such permanent establishment or fixed base,

then such interest shall be deemed to arise in the Contracting

State in which the permanent establishment or fixed base is

situated.

7. Where, by reason of a special relationship between the

payer and the beneficial owner or between both of them and some

other person, the amount of the interest exceeds, for whatever

reason, the amount which would have been agreed upon by the payer

and the beneficial owner 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 laws of each Contracting State,

due regard being had to the other provisions of this

Convention.

Article 12

ROYALTIES

1. Royalties arising in a Contracting State and paid to a

resident of the other Contracting State may be taxed in that

other State.

2. However, such royalties may also be taxed in the

Contracting State in which they arise and according to the laws

of that State, but if the beneficial owner of the royalties is a

resident of the other Contracting State, the tax so charged shall

not exceed 10 per cent of the gross amount of the royalties.

3. The term "royalties" as used in this Article

means payments of any kind received as a consideration for:

a) the use of, or the right to use, any patent, trade mark,

design or model, plan, secret formula or process;

b) the use of, or the right to use, any industrial, commercial

or scientific equipment;

c) the supply of information concerning industrial, commercial

or scientific experience;

d) the use of, or the right to use, any copyright of literary,

artistic or scientific work, including cinematograph films and

films or tapes for television or radio broadcasting.

4. The provisions of paragraphs 1 and 2 shall not apply if the

beneficial owner of the royalties, being a resident of a

Contracting State, carries on business in the other Contracting

State in which the royalties arise, through a permanent

establishment situated therein, or performs in that other State

independent personal services from a fixed base situated therein,

and the right or property in respect of which the royalties are

paid is effectively connected with such permanent establishment

or fixed base. In such case the provisions of Article 7 or

Article 14, as the case may be, shall apply.

5. Royalties shall be deemed to arise in a Contracting State

when the payer is a resident of that State. Where, however, the

person paying the royalties, whether he is a resident of a

Contracting State or not, has in a Contracting State a permanent

establishment or a fixed base in connection with which the

liability to pay the royalties was incurred, and such royalties

are borne by such permanent establishment or fixed base, then

such royalties shall be deemed to arise in the State in which the

permanent establishment or fixed base is situated.

6. Where, by reason of a special relationship between the

payer and the beneficial owner or between both of them and some

other person, the amount of the royalties exceeds, for whatever

reason, the amount which would have been agreed upon by the payer

and the beneficial owner 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 laws of each Contracting State,

due regard being had to the other provisions of this

Convention.

Article 13

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the

alienation of immovable property referred to in Article 6 and

situated in the other Contracting State may be taxed in that

other Contracting State.

2. Gains derived by a resident of a Contracting State from the

alienation of shares or of comparable interests deriving more

than 50 per cent of their value directly or indirectly from

immovable property situated in the other Contracting State may be

taxed in that other State.

3. In addition to gains taxable in accordance with the

provisions of the preceding paragraphs of this Article, gains

derived by a resident of a Contracting State from the alienation

of stock, participation, or other rights in the capital of a

company which is a resident of the other Contracting State may be

taxed in that other Contracting State. However, the tax so

charged shall not exceed 20 per cent of the taxable gains.

4. Gains from the alienation of movable property forming part

of the business property of a permanent establishment which an

enterprise of a Contracting State has in the other Contracting

State or of movable property pertaining to a fixed base available

to a resident of a Contracting State in the other Contracting

State for the purpose of performing independent personal

services, including such gains from the alienation of such a

permanent establishment (alone or with the whole enterprise) or

of such fixed base, may be taxed in that other State.

5. Gains derived by an enterprise of a Contracting State

operating ships or aircraft in international traffic from the

alienation of ships or aircraft operated in international traffic

or movable property pertaining to the operation of such ships or

aircraft, shall be taxable only in that State.

6. Gains from the alienation of any property other than that

referred to in the preceding paragraphs of this Article, shall be

taxable only in the Contracting State of which the alienator is a

resident.

7. For purposes of paragraph 3 of this Article, gains from the

alienation of shares of a company resident in one of the

Contracting States shall be taxable only in the other Contracting

State, if the alienation of shares takes place between members of

the same group of companies to the extent that the remuneration

received by the transferor consists of shares or other rights in

the capital of the transferee or of another company that owns

directly or indirectly 80 per cent or more of the voting rights

and value of the transferee and that is resident of one of the

Contracting States or of a country with which Mexico has a broad

exchange of information agreement in terms of the Annex 10 of the

Administrative Tax Regulations (Resolución Miscelánea

Fiscal), but only if the following conditions are met:

a) the transferee is a company resident of one of the

Contracting States or of a country with which Mexico has a broad

exchange of information agreement in terms of the Annex 10 of the

Administrative Tax Regulations (Resolución Miscelánea

Fiscal);

b) before and immediately after the transfer, the transferor

or the transferee owns, directly or indirectly, 80 per cent or

more of the voting rights and value of the other, or a company

resident in one of the Contracting States or of a country with

which Mexico has a broad exchange of information agreement in

terms of the Annex 10 of the Administrative Tax Regulations

(Resolución Miscelánea Fiscal) owns directly or indirectly

(through companies resident in one of those States) 80 per cent

or more of the voting rights and value of each of them; and

c) for the purpose of determining the gain on any subsequent

disposition:

(i) the initial cost of the shares for the transferee is

determined based on the cost it had for the transferor, increased

by any cash or other remuneration other than shares or other

rights paid; or

(ii) the gain is measured by another method that gives

substantially the same result.

Notwithstanding the foregoing, if cash or other remuneration

other than shares or other rights is received, the amount of the

gain (limited to the amount of cash or other remuneration other

than shares or other rights received), may be taxed by the

Contracting State of which the company of which the shares are

alienated is a resident.

Article 14

INDEPENDENT PERSONAL SERVICES

1. Income derived by an individual who is a resident of a

Contracting State in respect of professional services or other

activities of an independent character shall be taxable only in

that State unless he has a fixed base regularly available to him

in the other Contracting State for the purpose of performing his

activities. If he has such a fixed base, the income may be taxed

in the other State but only so much of it as is attributable to

that fixed base. For this purpose, where an individual who is a

resident of a Contracting State stays in the other Contracting

State for a period or periods exceeding in the aggregate 183 (one

hundred and eighty three) days in any 12 (twelve) month period

commencing or ending in the fiscal year concerned, he shall be

deemed to have a fixed base regularly available to him in that

other State and the income that is derived from his activities

referred to above that are performed in that other State, shall

be attributable to that fixed base.

2. The term "professional services" includes

especially independent scientific, literary, artistic,

educational or teaching activities as well as the independent

activities of physicians, lawyers, engineers, architects,

dentists and accountants.

Article 15

DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of Articles 16, 18 and 19,

salaries, wages and other similar remuneration derived by a

resident of a Contracting State in respect of an employment shall

be taxable only in that State unless the employment is exercised

in the other Contracting State. If the employment is so

exercised, such remuneration as is derived therefrom may be taxed

in that other State.

2. Notwithstanding the provisions of paragraph 1, remuneration

derived by a resident of a Contracting State in respect of an

employment exercised in the other Contracting State shall be

taxable only in the first-mentioned State if:

a) the recipient is present in the other State for a period or

periods not exceeding in the aggregate 183 (one hundred and

eighty three) days in any 12 (twelve) month period commencing or

ending in the fiscal year concerned, and

b) the remuneration is paid by, or on behalf of, an employer

who is not a resident of the other State, and

c) the remuneration is not borne by a permanent establishment

or a fixed base which the employer has in the other State.

3. Notwithstanding the preceding provisions of this Article,

remuneration derived in respect of an employment exercised aboard

a ship or aircraft operated in international traffic by an

enterprise of a Contracting State, may be taxed in that

State.

Article 16

DIRECTORS' FEES

Directors' fees and other similar payments derived by a

resident of a Contracting State in his capacity as a member of

the board of directors or any other similar organ of a company

which is a resident of the other Contracting State may be taxed

in that other State.

Article 17

ARTISTES AND SPORTSPERSONS

1. Notwithstanding the provisions of Articles 14 and 15,

income derived by a resident of a Contracting State as an

entertainer, such as a theatre, motion picture, radio or

television artiste, or a musician, or as a sportsperson, from his

personal activities as such exercised in the other Contracting

State, may be taxed in that other State. Income derived by an

entertainer or a sportsperson who is a resident of a Contracting

State from that resident's personal activities relating to that

resident's reputation as an entertainer or sportsperson exercised

in the other Contracting State may be taxed in that other

State.

2. Where income in respect of personal activities exercised by

an entertainer or a sportsperson in his capacity as such accrues

not to the entertainer or sportsperson himself but to another

person, that income may, notwithstanding the provisions of

Articles 7, 14 and 15, be taxed in the Contracting State in which

the activities of the entertainer or sportsperson are

exercised.

3. The provisions of paragraphs 1 and 2 shall not apply to

income derived from activities exercised in a Contracting State

by an entertainer or a sportsperson if the visit to that State is

wholly or mainly supported by public funds of one or both of the

Contracting States or local authorities thereof. In such case,

the income shall be taxable only in the Contracting State of

which the entertainer or sportsperson is a resident.

Article 18

PENSIONS

1. Subject to the provisions of paragraph 2 of Article 19,

pensions and other similar remuneration paid to a resident of a

Contracting State in consideration of past employment shall be

taxable only in that State.

2. Notwithstanding the provisions of paragraph 1 of this

Article and paragraph 2 of Article 19, pensions and other similar

remuneration paid under the state social security system of a

Contracting State shall be taxable only in that State.

Article 19

GOVERNMENT SERVICE

1. a) Salaries, wages and other similar remuneration, other

than a pension, paid by a Contracting State or a political

subdivision or a local authority thereof to an individual in

respect of services rendered to that State or subdivision or

authority shall be taxable only in that State.

b) However, such salaries, wages and other similar

remuneration shall be taxable only in the other Contracting State

if the services are rendered in that State and the individual is

a resident of that State who:

(i) is a national of that State; or

(ii) did not become a resident of that State solely for the

purpose of rendering the services.

2. a) Notwithstanding the provisions of paragraph 1, pensions

and other similar remuneration paid by, or out of funds created

by, a Contracting State or a political subdivision or a local

authority thereof to an individual in respect of services

rendered to that State or subdivision or authority shall be

taxable only in that State.

b) However, such pension and other similar remuneration shall

be taxable only in the other Contracting State if the individual

is a resident of, and a national of, that State.

3. The provisions of Articles 15, 16, 17 and 18 shall apply to

salaries, wages, pensions and other similar remuneration in

respect of services rendered in connection with a business

carried on by a Contracting State or a political subdivision or a

local authority thereof.

Article 20

STUDENTS

Payments which a student, an apprentice or a trainee who is or

was immediately before visiting a Contracting State a resident of

the other Contracting State and who is present in the

first-mentioned State solely for the purpose of his education or

training receives for the purpose of his maintenance, education

or training shall not be taxed in that State, provided that such

payments arise from sources outside that State.

Article 21

OTHER INCOME

1. Items of income of a resident of a Contracting State,

wherever arising, not dealt with in the foregoing Articles of

this Convention shall be taxable only in that State. However,

such items of income, arising in the other Contracting State, may

also be taxed in that other State.

2. The provisions of paragraph 1 shall not apply to income,

other than income from immovable property as defined in paragraph

2 of Article 6, if the recipient of such income, being a resident

of a Contracting State, carries on business in the other

Contracting State through a permanent establishment situated

therein, or performs in that other State independent personal

services from a fixed base situated therein, and the right or

property in respect of which the income is paid is effectively

connected with such permanent establishment or fixed base. In

such case the provisions of Article 7 or Article 14, as the case

may be, shall apply.

Article 22

ELIMINATION OF DOUBLE TAXATION

1. In Latvia, double taxation shall be eliminated as

follows:

a) Where a resident of Latvia derives income which, in

accordance with this Convention, may be taxed in Mexico, unless a

more favourable treatment is provided in its domestic law, Latvia

shall allow as a deduction from the tax on the income of that

resident, an amount equal to the income tax paid thereon in

Mexico.

Such deduction shall not, however, exceed that part of the

income tax in Latvia, as computed before the deduction is given,

which is attributable to the income which may be taxed in

Mexico.

b) For the purposes of sub-paragraph a), where a company that

is a resident of Latvia receives a dividend from a company that

is a resident of Mexico in which it owns at least 10 per cent of

its shares having full voting rights, the tax paid in Mexico

shall include not only the tax paid on the dividend, but also the

appropriate portion of the tax paid on the underlying profits of

the company out of which the dividend was paid.

2. In accordance with the provisions and subject to the

limitations of the laws of Mexico, as may be amended from time to

time without changing the general principle hereof, Mexico shall

allow its residents as a credit against the Mexican tax:

a) the Latvian tax paid on income arising in Latvia, in an

amount not exceeding the tax payable in Mexico on such income;

and

b) in the case of a company owning at least 10 per cent of the

capital of a company which is a resident of Latvia and from which

the first-mentioned company receives dividends, the Latvian tax

paid by the distributing company with respect to the profits out

of which the dividends are paid.

3. Where in accordance with any provision of the Convention

income derived by a resident of a Contracting State is exempt

from tax in that State, such State may nevertheless, in

calculating the amount of tax on the remaining income of such

resident, take into account the exempted income.

Article 23

NON-DISCRIMINATION

1. Nationals of a Contracting State shall not be subjected in

the other Contracting State to any taxation or any requirement

connected therewith, which is other or more burdensome than the

taxation and connected requirements to which nationals of that

other State in the same circumstances, in particular with respect

to residence, are or may be subjected. This provision shall,

notwithstanding the provisions of Article 1, also apply to

persons who are not residents of one or both of the Contracting

States.

2. Stateless persons who are residents of a Contracting State

shall not be subjected in either Contracting State to any

taxation or any requirement connected therewith, which is other

or more burdensome than the taxation and connected requirements

to which nationals of the State concerned in the same

circumstances, in particular with respect to residence, are or

may be subjected.

3. The taxation on a permanent establishment which an

enterprise of a Contracting State has in the other Contracting

State shall not be less favourably levied in that other State

than the taxation levied on enterprises of that other State

carrying on the same activities. This provision shall not be

construed as obliging a Contracting State to grant to residents

of the other Contracting State any personal allowances, reliefs

and reductions for taxation purposes on account of civil status

or family responsibilities which it grants to its own

residents.

4. Except where the provisions of paragraph 1 of Article 9,

paragraph 7 of Article 11, or paragraph 6 of Article 12, apply,

interest, royalties and other disbursements paid by an enterprise

of a Contracting State to a resident of the other Contracting

State shall, for the purpose of determining the taxable profits

of such enterprise, be deductible under the same conditions as if

they had been paid to a resident of the first-mentioned

State.

5. Enterprises of a Contracting State, the capital of which is

wholly or partly owned or controlled, directly or indirectly, by

one or more residents of the other Contracting State, shall not

be subjected in the first-mentioned State to any taxation or any

requirement connected therewith which is other or more burdensome

than the taxation and connected requirements to which other

similar enterprises of the first-mentioned State are or may be

subjected.

6. The provisions of this Article shall, notwithstanding the

provisions of Article 2, apply to taxes of every kind and

description.

Article 24

MUTUAL AGREEMENT PROCEDURE

1. Where a person considers that the actions of one or both of

the Contracting States result or will result for him in taxation

not in accordance with the provisions of this Convention, he may,

irrespective of the remedies provided by the domestic law of

those States, present his case to the competent authority of the

Contracting State of which he is a resident or, if his case comes

under paragraph 1 of Article 23, to that of the Contracting State

of which he is a national. The case must be presented within 3

(three) years from the first notification of the action resulting

in taxation not in accordance with the provisions of the

Convention.

2. The competent authority shall endeavour, if the objection

appears to it to be justified and if it is not itself able to

arrive at a satisfactory solution, to resolve the case by mutual

agreement with the competent authority of the other Contracting

State, with a view to the avoidance of taxation which is not in

accordance with the Convention, provided that the competent

authority of the other Contracting State is notified of the case

within 4.5 (four and a half) years from the due date or the date

of filing of the return in that other State, whichever is later.

In such case, any agreement reached shall be implemented within

10 (ten) years from the due date or the date of filing of the

return in that other State, whichever is later, or a longer

period if permitted by the domestic law of that other State.

3. The competent authorities of the Contracting States shall

endeavour to resolve by mutual agreement any difficulties or

doubts arising as to the interpretation or application of the

Convention. They may also consult together for the elimination of

double taxation in cases not provided for in the Convention.

4. The competent authorities of the Contracting States may

communicate with each other directly for the purpose of reaching

an agreement in the sense of the preceding paragraphs.

Article 25

EXCHANGE OF INFORMATION

1. The competent authorities of the Contracting States shall

exchange such information as is foreseeably relevant for carrying

out the provisions of this Convention or to the administration or

enforcement of the domestic laws concerning taxes of every kind

and description imposed on behalf of the Contracting States, or

their political subdivisions or local authorities, insofar as the

taxation thereunder is not contrary to the Convention. The

exchange of information is not restricted by Articles 1 and 2.

Any information received by a Contracting State shall be treated

as secret in the same manner as information obtained under the

domestic laws of that State and shall be disclosed only to

persons or authorities (including courts and administrative

bodies) concerned with the assessment or collection of, the

enforcement or prosecution in respect of, the determination of

appeals in relation to the taxes referred to in the first

sentence, or the oversight of the above. Such persons or

authorities shall use the information only for such purposes.

They may disclose the information in public court proceedings or

in judicial decisions.

2. In no case shall the provisions of paragraph 1 be construed

so as to impose on a Contracting State the obligation to:

a) carry out administrative measures at variance with the laws

and administrative practice of that or of the other Contracting

State;

b) supply information which is not obtainable under the laws

or in the normal course of the administration of that or of the

other Contracting State;

c) supply information which would disclose any trade,

business, industrial, commercial or professional secret or trade

process, or information, the disclosure of which would be

contrary to public policy (ordre public).

Article 26

MEMBERS OF DIPLOMATIC MISSIONS AND CONSULAR POSTS

Nothing in this Convention 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 27

ENTRY INTO FORCE

1. The Contracting States shall notify each other through

diplomatic channels of the completion of the procedures required

by their domestic law for bringing into force this

Convention.

2. This Convention shall enter into force on the thirtieth day

after the date of the later of the notifications referred to in

paragraph 1 and its provisions shall have effect in both

Contracting States:

a) in respect of taxes withheld at source, on income derived

on or after the first day of January in the calendar year next

following the year in which the Convention enters into force;

b) in respect of other taxes, for any fiscal year beginning on

or after the first day of January in the calendar year next

following the year in which the Convention enters into force.

Article 28

TERMINATION

This Convention shall remain in force until terminated by a

Contracting State. Either Contracting State may terminate the

Convention, through diplomatic channels, by giving written notice

of termination at least 6 (six) months before the end of any

calendar year after the fifth year following the year in which

the Convention has entered into force. In such event, the

Convention shall cease to have effect in both Contracting

States:

a) in respect of taxes withheld at source, on income derived

on or after the first day of January in the calendar year next

following the year in which the notice has been given;

b) in respect of other taxes, for any fiscal year beginning on

or after the first day of January in the calendar year next

following the year in which the notice has been given.

In witness whereof, the undersigned duly authorised thereto,

have signed this Convention.

Done in duplicate at Washington, D.C. on this twentieth day of

April of two thousand and twelve, in the Latvian, Spanish and

English languages, all texts being equally authentic. In the case

of divergence of interpretation the English text shall

prevail.

For the Government of the

Republic of Latvia

For the Government

of the United Mexican States

Andris Vilks

José Antonio Meade Kuribreña

Minister of

Finance

Minister of

Finance and Public Credit

PROTOCOL

At the moment of signing the Convention between the Government

of the Republic of Latvia and the Government of the United

Mexican States for the avoidance of double taxation and the

prevention of fiscal evasion with respect to taxes on income

(hereafter referred to as "Convention"), the

undersigned have agreed upon the following provisions which shall

form an integral part of the Convention.

I. With reference to Article 6:

1. It is understood that the term "immovable

property" includes any option or similar right to acquire

immovable property.

2. It is understood that where the ownership of shares or

other corporate rights in a company entitles the owner of such

shares or corporate rights to the enjoyment of immovable property

held by the company, the income from the direct use, letting, or

use in any other form of such right to enjoyment may be taxed in

the Contracting State in which the immovable property is

situated.

II. With reference to Article 11:

For the purposes of the provisions of paragraph 6 of Article

11, if the loan is incurred by the head office of the enterprise

and the amount in question affects several permanent

establishments situated in different countries, then the interest

shall be deemed to arise in the Contracting State in which the

permanent establishment is situated, but only so much of the

interest payment that is borne by that permanent

establishment.

III. With reference to Article 12:

For the purposes of the provisions of paragraph 5 of Article

12, if the obligation to pay the royalties is contracted by the

head office of the enterprise and the amount in question affects

several permanent establishments situated in different countries,

then the royalties shall be deemed to arise in the Contracting

State in which the permanent establishment is situated, but only

so much of the royalty payment that is borne by that permanent

establishment.

IV. With reference to Articles 12 and 13:

It is understood that payments deriving from an alienation of

any right or property as mentioned in paragraph 3 of Article 12

shall be regarded as royalties and taxable according to the said

Article, when the payments are not in settlement of a full and

final price agreed upon at the date of the alienation, but

contingent of the actual productivity or use thereof.

V. With reference to Article 14:

Paragraph 1 of Article 14 shall also apply to income derived

by a company which is a resident of a Contracting State from the

furnishing of professional services through a fixed base in the

other Contracting State.

VI. With reference to Article 24:

Notwithstanding any other Agreement to which the Contracting

States are parties, any tax issue between the Contracting States

involving a tax covered by Article 2, including a dispute whether

the Convention applies, shall be settled only under this Article

unless the competent authorities agree otherwise.

VII. With reference to Article 25:

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

2 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.

In no case shall the provisions of paragraph 2 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 fiduciary

capacity or because it relates to ownership interests in a

person.

VIII. With reference to the term "fixed base":

It is understood that for Mexican tax purposes, the fixed base

will be treated in accordance with the principles that apply to

permanent establishment.

IX. General:

1. It is understood that the Contracting States shall

endeavour to apply the provisions of the Convention in accordance

with the Commentaries on the Articles of the Model Tax Convention

on Income and on Capital drawn up from time to time by the OECD

Committee on Fiscal Affairs to the extent that the provisions

contained in the Convention correspond to those set forth under

such Model.

2. The benefits of the Convention are not applicable to

companies or other persons which are wholly or partly exempt from

taxation by a special regime under the laws or administrative

practices of either one of the States. A special regime as

mentioned in the first sentence of this provision will only be

considered as such after the competent authorities of the States

have by mutual agreement decided that this is the case.

In witness whereof, the undersigned duly authorised thereto,

have signed this Protocol.

Done in duplicate at Washington, D.C. on this twentieth day of

April of two thousand and twelve, in the Latvian, Spanish and

English languages, all texts being equally authentic. In the case

of divergence of interpretation the English text shall

prevail.

For the Government

of the Republic of Latvia

For the Government

of the United Mexican States

Andris Vilks

José Antonio Meade Kuribreña

Minister of

Finance

Minister of

Finance and Public Credit