- 1
- For the purposes of this Convention, unless the context otherwise requires:
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- a)the terms “a Contracting State” and “the other Contracting State” mean the Kingdom of the Netherlands (the Netherlands) or Ethiopia as the context requires;
- b)the term “the Netherlands” means:
- (i)the European part of the Netherlands, including its territorial sea, and any area beyond its territorial sea within which the Kingdom of the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights; and
- (ii)the Caribbean part of the Netherlands, which consists of the island territories of Bonaire, Sint Eustatius and Saba, including its territorial sea, and any area beyond its territorial sea within which the Kingdom of the Netherlands in accordance with international law, exercises jurisdiction or sovereign rights.
- c)the term “Ethiopia” means the Federal Democratic Republic of Ethiopia, when used in a geographical sense, it means the national territory and any other area which in accordance with international law is or may be designated as an area in which Ethiopia exercises sovereign rights or its jurisdiction;
- 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 term “enterprise” applies to the carrying on of any business;
- g)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;
- h)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 State, except when the ship or aircraft is operated solely between places in the other Contracting State;
- i)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 Ethiopia, the Minister of Finance and Economic Development or his authorised representative;
- j)the term “national”, in relation to a Contracting State, means:
- (i)any individual possessing the nationality of that contracting state; and
- (ii)any legal person, partnership or association deriving its status as such from the laws in force in that Contracting State;
- k)the term “pension fund” means any plan, scheme, fund, trust or other arrangement which is operated principally to administer or provide pension or retirement benefits and is recognized and controlled according to the statutory provisions of a Contracting State;
- l)the term “recognised stock exchange” means:
- (i)any of the stock exchanges in Ethiopia;
- (ii)any of the stock exchanges in the Netherlands and the Economic European Area (EEA);
- (iii)the NASDAQ System and any stock exchange in the United States of America which is registered with the U.S. Securities and Exchange Commission as a national securities exchange under the U.S. Securities Exchange Act of 1934;
- (iv)any other stock exchange agreed upon by the competent authorities of the Contracting States, provided that the purchase or sale of shares on the stock exchange is not implicitly or explicitly restricted to a limited group of investors.
- 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.
