The entry into force on 14 December 2000 of the 1988 protocol to the 1980 estate tax treaty between the United States and Germany has been largely overshadowed by the sweeping changes to the US estate tax law made by the Economic Growth and Tax Relief Reconciliation Act of 7 June 2001 (Tax Act of 2001). This article first highlights some of the major changes made by the Tax Act of 2001 which will impact the changes introduced by the Protocol. It then provides the background of the Protocol and an analysis of its provisions.