- 1
- For the purpose of this Agreement, unless otherwise defined:
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- a)“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 with respect to the sea bed, its subsoil and its superjacent waters, and their natural resources;
- b)“Turks and Caicos Islands” means the territory of the Turks and Caicos Islands and includes the territorial sea and areas within the maritime boundaries of the Turks and Caicos Islands and any area within which in accordance with international law the rights of the Turks and Caicos Islands with respect to the seabed and sub-soil and their natural resources may be exercised;
- c)“collective investment scheme” means any pooled investment scheme, fund or vehicle irrespective of legal form;
- d)“company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
- e)“competent authority” means
- (i)in the case of the Netherlands, the Minister of Finance or his authorised representative;
- (ii)in the case of the Turks and Caicos Islands, the Permanent Secretary in the Ministry of Finance or a person or authority designated by him in writing;
- f)“Contracting Party” means the Netherlands or the Turks and Caicos Islands as the context requires;
- g)“criminal laws” means all criminal laws designated as such under domestic law irrespective of whether contained in the tax laws, the criminal code or other statutes;
- h)“criminal tax matters” means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the requesting Party;
- i)“information” means any fact, statement, document or record in whatever form;
- j)“information gathering measures” means judicial, regulatory or administrative laws and procedures enabling a Contracting Party to obtain and provide the information requested;
- k)“person” means an individual (“natural person”), a company, or any other body or group of persons;
- l)“public collective investment scheme” means any collective investment scheme in which the purchase, sale or redemption of shares or other interests is not implicitly or explicitly restricted to a limited group of investors;
- m)“requested Party” means the Party to this Agreement which is requested to provide or has provided information in response to a request;
- n)“requesting Party” means the Party to this Agreement submitting a request for or having received information from the requested Party;
- o)“tax” means any tax covered by this Agreement.
- 2
- As regards the application of this 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 Contracting Party, any meaning under the applicable tax laws of that Contracting Party prevailing over a meaning given to the term under other laws of that Contracting Party.
