Artikel 4

1. For the purposes of this Agreement, unless otherwise defined:
a) the term “Contracting Party” means Saint Kitts and Nevis, or the Kingdom of the Netherlands, in respect of the Netherlands Antilles, as the context requires;
b) the term “Saint Kitts and Nevis” means the Federation of Saint Christopher and Nevis;
c) the term “the Netherlands Antilles” means that part of the Kingdom of the Netherlands that is situated in the Caribbean Sea and consisting of the Island Territories of Bonaire, Curaçao, Saba, St. Eustatius and St. Maarten (Dutch part) including the territorial waters thereof and the part of the seabed and its subsoil under the Caribbean Sea over which the Kingdom of the Netherlands has sovereign rights in accordance with international law but excluding the part thereof relating to Aruba;
d) the term “competent authority” means (i) in the case of Saint Kitts and Nevis, the Financial Secretary or the Financial Secretary’s authorised representative;
(ii) in the case of the Netherlands Antilles, the Minister of Finance or his authorised representative;
(i) in the case of Saint Kitts and Nevis, the Financial Secretary or the Financial Secretary’s authorised representative;
(ii) in the case of the Netherlands Antilles, the Minister of Finance or his authorised representative;
e) the term “person” includes an individual, a company and any other body 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 “principal class of shares” means the class or classes of shares representing a majority of the voting power and value of the company;
i) the term “recognised stock exchange” means any stock exchange agreed upon by the competent authorities of the Contracting Parties;
j) the term “collective investment fund or scheme” means any pooled investment vehicle, irrespective of legal form. The term “public collective investment fund or scheme” means any collective investment fund or scheme provided the units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed “by the public” if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors;
k) the term “tax” means any tax to which the Agreement applies;
l) the term “applicant Party” means the Contracting Party requesting information;
m) the term “requested Party” means the Contracting Party requested to provide information;
n) the term “information gathering measures” means laws and administrative or judicial procedures that enable a Contracting Party to obtain and provide the requested information;
o) the term “information” means any fact, statement or record in any form whatever;
p) the term “criminal tax matters” means tax matters involving intentional conduct which is liable to prosecution under the criminal laws of the applicant Party;
q) the term “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.
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.
3. The Commentary to the OECD Model Agreement on Exchange of Information on Tax Matters shall apply to the interpretation of this Agreement where this Agreement is in conformity with the OECD Model Agreement on Exchange of Information on Tax Matters.