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- For the purposes of this Agreement, unless the context otherwise requires:
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- a)the term “Bermuda” means the Islands of Bermuda including the territorial sea adjacent to those islands, in accordance with international law;
- b)the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
- c)the term “competent authority” means:
- (i)in the case of the Netherlands, the Minister of Finance or his authorised representative;
- (ii)in the case of Bermuda, the Minister of Finance or an authorised representative of the Minister;
- d)the term “Contracting Party” means the Netherlands or Bermuda, as the context requires; the term “Contracting Parties” means the Kingdom of the Netherlands and Bermuda;
- e)the term “enterprise of a Contracting Party” means an enterprise, carried on by a resident of a Contracting Party;
- f)the term “income derived from the operation of ships or aircraft in international traffic” includes revenues, gross receipts and profits derived from:
- (i)such operation of ships or aircraft for the transport of passengers or cargo;
- (ii)the rental on a charter basis of ships or aircraft where the rental is ancillary to the operation of ships or aircraft in international traffic;
- (iii)the sale of tickets or similar documents and the provision of services connected with such transport, either for the enterprise itself or for any other enterprise, where such sale of tickets or similar documents or provision of services is directly connected with or ancillary to the operation of ships or aircraft in international traffic;
- (iv)the 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 the use, maintenance or rental is directly connected with or ancillary to the operation of ships or aircraft in international traffic;
- (v)interest on funds deposited directly in connection with the operation of ships or aircraft in international traffic.
- g)the term “international traffic” means any transport by a ship or aircraft operated by an enterprise that has its place of effective management in a Contracting Party, except when the ship or aircraft is operated solely between places in the other Contracting Party;
- h)the term “the Netherlands” means the part of the Kingdom of the Netherlands that is situated in Europe, including its territorial seas, and any area beyond the territorial sea within which the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights;
- i)the term “person” includes an individual, a company and any other body of persons;
- j)the term “resident of a Contracting Party” means any person, who under the law of that Party is liable to taxation therein by reason of his domicile, residence, place of effective management or any other criterion of a similar nature;
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- As regards the application of the Agreement at any time by a Contracting 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 for the purposes of the taxes to which the Agreement applies, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party.
