Artikel 3

1. For the purposes of this Convention, unless the context otherwise requires:
a) the term “the Netherlands” means the European part of the Netherlands, including its territorial sea and any area beyond and adjacent to its territorial sea within which the Kingdom of the Netherlands exercises jurisdiction or sovereign rights;
b) For the purposes of this agreement only, the term “Colombia” designates the Republic of Colombia and, used in its geographical sense, includes its land territory, both continental and insular, its airspace, its maritime and submarine areas, and any other areas, which form part of its territory, where it exercises sovereignty, sovereignty rights and/or jurisdiction.
c) the terms “a Contracting State” and “the other Contracting State” mean the Kingdom of the Netherlands in respect of the Netherlands or Colombia as the context requires;
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 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;
i) the term “competent authority” means: i) in the Netherlands, the Minister of Finance or his authorised representative;
ii) in Colombia, the Ministry of Finance and Public Credit, the Director of the Dirección de Impuestos y Aduanas Nacionales (DIAN) or their authorised representatives;
i) in the Netherlands, the Minister of Finance or his authorised representative;
ii) in Colombia, the Ministry of Finance and Public Credit, the Director of the Dirección de Impuestos y Aduanas Nacionales (DIAN) or their authorised representatives;
j) the term “national” means: i) any individual possessing the nationality of a Contracting State; or
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; or
ii) any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State.
k) the term “business” includes the performance of professional services and of other activities of an independent character.
l) the term “recognised pension fund” of a State means any entity established in a Contracting State that is generally exempt from taxes on income in that State and: i) that is operated exclusively or almost exclusively to provide pensions or retirement benefits and ancillary, incidental or severance benefits to individuals and that is regulated as such by that State; 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 l)i).
i) that is operated exclusively or almost exclusively to provide pensions or retirement benefits and ancillary, incidental or severance benefits to individuals and that is regulated as such by that State; 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 l)i).
m) the term “recognised stock exchange” means: i) any stock exchange established and regulated as such under the laws of either Contracting State;
ii) any of the stock exchanges in the member states of the European Union, 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 and Exchange Act of 1934, the Peruvian Stock Exchange (Bolsa de Valores de Lima), the Mexican Stock Exchange (Bolsa Mexicana de Valores), the Chilean Stock Exchange (Bolsa de Comercio de Santiago) and MILA (Mercado Integrado Latino Americano); and
iii) any other stock exchange agreed upon by the competent authorities of the Contracting States.
i) any stock exchange established and regulated as such under the laws of either Contracting State;
ii) any of the stock exchanges in the member states of the European Union, 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 and Exchange Act of 1934, the Peruvian Stock Exchange (Bolsa de Valores de Lima), the Mexican Stock Exchange (Bolsa Mexicana de Valores), the Chilean Stock Exchange (Bolsa de Comercio de Santiago) and MILA (Mercado Integrado Latino Americano); and
iii) any other stock exchange agreed upon by the competent authorities of the Contracting States.
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 or the competent authorities agree to a different meaning pursuant to the provisions of Article 23, 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.