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- For the purposes of this Convention, unless the context otherwise requires:
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- a)the term “San Marino” means the territory of the Republic of San Marino, including any other area within which the Republic of San Marino, in accordance with international law, exercises sovereign rights or jurisdiction;
- b)the term “Curaçao” means the part of the Kingdom of the Netherlands which is situated in the Caribbean Sea and consists of the territory of Curaçao, 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 Aruba and Bonaire;
- c)the terms “a Contracting State” and “the other Contracting State” mean, as the context requires, San Marino or Curaçao;
- 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 terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively any business carried on by a resident of a Contracting State and a business carried on by a resident of the other Contracting State;
- g)the term “international traffic” means any transport by a ship or aircraft, except when the ship or aircraft is operated solely between places in a Contracting State and the enterprise that operates the ship or aircraft is not an enterprise of that State;
- h)the term “national” means:
- (i)any individual possessing the nationality or citizenship of a Contracting State;
- (ii)any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
- i)the term “competent authority” means:
- (i)in San Marino, the Ministry of Finance or its authorized representative, and, for the purposes of Article 25 “Exchange of information” of this Convention, the Ufficio Centrale di Collegamento – Central Liaison Office (CLO) of the Republic of San Marino;
- (ii)in the case of Curaçao: the Minister of Finance or his authorized representative;
- j)the term “business” includes the performance of professional services and of other activities of an independent character;
- k)the term “recognised pension fund” of a State means an entity or arrangement established in that State that is treated as a separate person under the taxation laws of that State and:
- (i)that is established and operated exclusively or almost exclusively to administer or provide retirement benefits and ancillary or incidental benefits to individuals and that is regulated as such by that State or one of its political subdivisions or local authorities; or
- (ii)that is established and operated exclusively or almost exclusively to invest funds for the benefit of entities or arrangements referred to in subdivision (i).
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- 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 or the competent authorities agree to a different meaning pursuant to the provisions of Article 24 of this Convention, 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.
