Artikel 3

1. For the purposes of this Agreement, unless the context otherwise requires:
a) the term “Malawi” means the Republic of Malawi;
b) the term “the Kingdom of the Netherlands” means the Kingdom of the Netherlands, in respect of the European part of the Netherlands;
c) the terms “a Contracting State” and “the other Contracting State” mean Malawi or the Netherlands, as the context requires;
d) the term “business” includes the performance of professional services and of other activities of an independent character;
e) the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
f) the term “competent authority” means: (i) in the case of Malawi, the Minister of Finance or his authorized representative;
(ii) in the case of the Netherlands, the Minister of Finance or his authorized representative;
(i) in the case of Malawi, the Minister of Finance or his authorized representative;
(ii) in the case of the Netherlands, the Minister of Finance or his authorized representative;
g) the term “enterprise” applies to the carrying on of any business;
h) 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;
i) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
j) the term “national” means: (i) any individual possessing the nationality of a Contracting State; and
(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
(i) any individual possessing the nationality of a Contracting State; and
(ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
k) the term “person” includes an individual, a company and any other body of persons;
l) the term “pension fund” means: (i) in the case of Malawi, a fund, plan, scheme, trust or other arrangement established in Malawi by an employer to pay retirement benefits contributed by the employer and employees, and supervised by the Reserve Bank of Malawi;
(ii) in the case of the Netherlands, any plan, scheme, fund, trust or other arrangement established in the Netherlands which is: – generally exempt from income taxation in that State;
– operated principally to administer or provide pension or retirement benefits or to earn income for the benefit of one or more such arrangements; and
– supervised by the Central Bank of the Netherlands.
– generally exempt from income taxation in that State;
– operated principally to administer or provide pension or retirement benefits or to earn income for the benefit of one or more such arrangements; and
– supervised by the Central Bank of the Netherlands.
(i) in the case of Malawi, a fund, plan, scheme, trust or other arrangement established in Malawi by an employer to pay retirement benefits contributed by the employer and employees, and supervised by the Reserve Bank of Malawi;
(ii) in the case of the Netherlands, any plan, scheme, fund, trust or other arrangement established in the Netherlands which is: – generally exempt from income taxation in that State;
– operated principally to administer or provide pension or retirement benefits or to earn income for the benefit of one or more such arrangements; and
– supervised by the Central Bank of the Netherlands.
– generally exempt from income taxation in that State;
– operated principally to administer or provide pension or retirement benefits or to earn income for the benefit of one or more such arrangements; and
– supervised by the Central Bank of the Netherlands.
2. As regards the application of the Agreement 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 Agreement 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.