- 1
- In this Agreement:
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- a)the term “Aruba” means that part of the Kingdom of the Netherlands which is situated in the Caribbean Sea and consists of the territory of Aruba, including its territorial sea and any area beyond and adjacent to its territorial sea within which the Kingdom of the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights, but excluding the part thereof relating to Curaçao;
- b)the term “Belgium” means the Kingdom of Belgium; used in a geographical sense, it means the territory of the Kingdom of Belgium, including the territorial sea and any other area in the sea and in the air within which the Kingdom of Belgium, in accordance with international law, exercises sovereign rights or its jurisdiction;
- c)the term “Party” means the Kingdom of the Netherlands, in respect of Aruba, or Belgium as the context requires;
- d)the term “competent authority” means,
- (i)in the case of Aruba, the Minister in charge of Finance or his authorised representative;
- (ii)in the case of Belgium, as the case may be, the Minister of Finance of the federal Government and/or of the Government of a Region and/or of a Community, or his authorised representative;
- e)the term “person” means an individual, a company or any other body or group of persons;
- f)the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
- g)the term “publicly traded company” means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold “by the public” if the purchase or sale of shares is not implicitly or explicitly restricted to a limited group of investors;
- h)the term “recognised stock exchange” means any stock exchange agreed upon by the competent authorities of the Parties;
- i)the term “principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company;
- j)the term “collective investment fund or scheme” means any pooled investment vehicle, irrespective of legal form;
- k)the term “public collective investment fund or scheme” means any collective investment scheme or fund in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
- l)the term “tax” means any tax covered by this Agreement;
- m)the term “requesting Party” means the Party to this Agreement submitting a request for or having received information from the requested Party;
- n)the term “requested Party” means the Party to this Agreement which is requested to provide information or has provided information in response to a request;
- o)the term “information” means any fact, statement, document or record in whatever form;
- p)the term “information gathering measures” means laws and administrative or judicial procedures enabling a requested Party to obtain and provide the information requested;
- q)the term “criminal laws” means all criminal laws designated as such under domestic law, irrespective of whether such are contained in the tax laws, the criminal code or other statutes;
- r)the term “criminal tax matters” means tax matters involving intentional conduct whether before or after the entry into force of this Agreement which is liable to prosecution under the criminal laws of the requesting Party.
- 2
- As regards the application of this Agreement at any time by a Party, 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 Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.
