Since the Netherlands has already ratified and deposited the MLI with the OECD in 2019, the Netherlands-Mexico DTAA (or “the DTAA”) will be modified since the MLI entered into force for Mexico’s DTAAs (i.e., 1 July 2023). The DTAA is modified based on each party’s specific choice to opt in or opt out of the corresponding articles of the MLI. Articles of the MLI rejected by either of the parties will not impact the DTAA. For example, the Netherlands has opted for arbitration provisions (i.e., Art. 18 of the MLI) while Mexico has not. Hence, arbitration would not be included in the Netherlands-Mexico DTAA even upon implementation of the MLI by both countries.
The table below provides an overview of the most relevant MLI provisions and indicates whether the
