Common use of OFFSHORE ACTIVITIES Clause in Contracts

OFFSHORE ACTIVITIES. 1. The provisions of this Article shall apply notwithstanding any other provision of the Convention. 2. In this Article the term "offshore activities" means activities which are carried on offshore in a Contracting State in connection with the exploration, exploitation or extraction of the seabed and subsoil and their natural resources situated in that State. 3. An enterprise of a Contracting State which carries on offshore activities in the other Contracting State shall, subject to paragraphs 4 and 5, be deemed to be carrying on business in that other State through a permanent establishment situated therein. 4. The provisions of paragraph 3 shall not apply where the offshore activities are carried on in the other Contracting State for a period or periods not exceeding in the aggregate 30 days in any twelve-month period beginning or ending in the fiscal year concerned. For the purposes of this paragraph: a) where an enterprise of a Contracting State carrying on offshore activities in the other Contracting State is associated with another enterprise carrying on substantially similar offshore activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, with the exception of activities which are carried on at the same time as its own activities; b) an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same person or persons participate directly or indirectly in the management, control or capital of both enterprises. 5. Profits derived by a resident of a Contracting State from: a) the transportation, in connection with offshore activities, of supplies or personnel by ship or aircraft to or between places where such activities are being carried on; or b) the operation of ships for towing or anchor handling in connection with such activities; shall be taxable only in that State. 6. Income derived by a resident of a Contracting State from exploration, exploitation or extraction rights and gains derived by a resident of a Contracting State from the alienation of such rights or from the alienation of: a) property situated in the other Contracting State and used in connection with offshore activities carried on in that other State; or b) shares deriving their value or the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together; may be taxed in that other State. In this paragraph "exploration, exploitation or extraction rights" means rights to assets to be produced by the exploration, exploitation or extraction of the seabed and subsoil and their natural resources in the other State, including rights to interests in or to the benefit of such assets. 7. Subject to paragraph 8 of this Article, salaries, wages and similar remuneration derived by a resident of one of the Contracting States from an employment connected with offshore activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.

OFFSHORE ACTIVITIES. 1. The provisions of this Article paragraph shall apply notwithstanding any other provision the preceding provisions of the Conventionthis Arrangement. 2. In this Article the term "offshore paragraph, `relevant activities" ` means activities which are carried on offshore in a Contracting State in connection with the exploration, exploration or exploitation or extraction of the seabed sea- bed and subsoil sub-soil and their natural resources situated in that Stateone of the territories. 3. An enterprise of a Contracting State one of the territories which carries on offshore relevant activities in the other Contracting State shallterritory shall in respect of those activities, subject to sub- paragraphs 4 and 5(4) to (7) of this paragraph, be deemed to be carrying on business in that other State territory through a permanent establishment situated therein. 4. The provisions of paragraph 3 shall not apply where the offshore Relevant activities which are carried on by an enterprise of one of the territories in the other Contracting State territory for a period or periods not exceeding in the aggregate 30 days in any twelve-month period beginning or ending in of 12 months shall not constitute the fiscal year concernedcarrying on of business through a permanent establishment situated therein. 5. For the purposes of sub-paragraph (4) of this paragraph: a) , where an enterprise of a Contracting State one of the territories carrying on offshore relevant activities in the other Contracting State territory is associated with another enterprise carrying on substantially similar offshore relevant activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, with except to the exception of extent that those activities which are carried on at the same time as its own activities;. b6. For the purposes of sub-paragraph (5) of this paragraph, an enterprise shall be regarded as associated with another enterprise if - a. one participates directly or indirectly in the management, control or capital of the other or if other; or b. the same person or persons participate directly or indirectly in the management, control or capital of both enterprises. 57. Profits derived by a resident an enterprise of a Contracting State from:one of the territories from - a) a. the transportation, in connection with offshore activities, transportation of supplies or personnel from a port in that territory by a ship or aircraft to a location or between places locations in the other territory where such relevant activities are being carried on; or b) b. the operation of ships for towing or anchor handling tug boats registered in and normally operating from a port in that territory in connection with such activities; , shall be taxable only in that Stateterritory. 68. Income A resident of one of the territories who carries on relevant activities in the other territory, which consist of professional services or other activities of an independent character, shall be deemed to be performing those activities from a fixed base in that other territory, but income derived by a resident of a Contracting State from exploration, exploitation or extraction rights and gains derived by a resident one of a Contracting State from the alienation territories in respect of such rights or from the alienation of: a) property situated activities performed in the other Contracting State and used in connection with offshore activities carried on territory shall not be taxable in that other State; or b) shares deriving their value or territory if the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together; may be taxed in that other State. In this paragraph "exploration, exploitation or extraction rights" means rights to assets to be produced by the exploration, exploitation or extraction of the seabed and subsoil and their natural resources activities are performed in the other State, including rights to interests territory for a period or periods not exceeding in or to the benefit aggregated 30 days in any period of such assets12 months. 79. Subject to sub-paragraph 8 (10) of this Articleparagraph, salaries, wages and similar remuneration derived by a resident of one of the Contracting States from territories in respect of an employment connected with offshore relevant activities in the other Contracting State territory may, to the extent that the duties are performed offshore in that other Stateterritory, be taxed in that other Stateterritory.

OFFSHORE ACTIVITIES. 1. The provisions of this Article shall apply notwithstanding any other provision the provisions of the Articles 4 to 20 of this Convention. 2. In this Article the term "offshore activities" activities means activities which are carried on offshore in a Contracting State in connection with the exploration, exploration or exploitation or extraction of the seabed and its subsoil and their natural resources situated in that Contracting State. 3. An enterprise of a Contracting State which carries on offshore activities in the other Contracting State shall, subject to paragraphs 4 and 5paragraph 4, be deemed to be carrying on business in that other Contracting State through a permanent establishment situated therein. 4. The provisions of paragraph 3 shall not apply where the offshore activities are carried on in the other Contracting State for a period or periods not exceeding in the aggregate 30 thirty days in any twelve-twelve month period beginning or ending in the fiscal year concernedperiod. For the purposes of this paragraph: a) a. where an enterprise of a Contracting State carrying on offshore activities in the other Contracting State is associated with another enterprise carrying on substantially similar offshore activities there, the former first-mentioned enterprise shall be deemed to be carrying on all such activities of the latter other enterprise, with except to the exception of extent that those activities which are carried on at the same time as its own activities; b) b. an enterprise shall be regarded as considered to be associated with another enterprise if one either participates directly or indirectly in the management, control or capital of the other enterprise or if the same person or group of persons participate participates directly or indirectly in the management, control or capital of both enterprises. 5. Profits A resident of a Contracting State who carries on offshore activities in the other Contracting State, consisting of rendering professional services or other services of an independent character shall be considered to be performing his activities from a fixed base, in that other State. 6. Subject to paragraph 7, salaries, wages and similar remuneration derived by a resident of a Contracting State from: a) the transportation, in connection respect of an employment connected with offshore activitiesactivities in the other Contracting State may, of supplies or personnel by ship or aircraft to or between places where such activities the extent that the duties are being carried on; or b) the operation of ships for towing or anchor handling in connection with such activities; shall be taxable only performed offshore in that other State, be taxed in that other State. 67. Income Salaries, wages and similar remuneration derived by a resident of a Contracting State from explorationin respect of an employment exercised on board a ship or aircraft engaged in the transportation of supplies or personnel to a location where activities connected with the exploration or exploitation of the seabed and its subsoil and their natural resources are being carried on in a Contracting State, exploitation or extraction rights and gains in respect of any employment exercised on board a tugboat or other vessels auxiliary to such activities, may be taxed in the Contracting State of which the enterprise is a resident. 8. Gains derived by a resident of a Contracting State from the alienation of such rights or from the alienation of: a) a. exploration or exploitation rights; or b. property situated in the other Contracting State and used in connection with offshore activities carried on the exploration or exploitation of the seabed and its subsoil and their natural resources situated in that other State; or b) c. shares deriving their value or the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together; may be taxed in that other State. In this paragraph "exploration, the term “exploration or exploitation or extraction rights" ” means rights to assets to be produced by the exploration, exploration or exploitation or extraction of the seabed and its subsoil and their natural resources in the other Contracting State, including rights to interests in or to the benefit of such assets. 7. Subject to paragraph 8 of this Article, salaries, wages and similar remuneration derived by a resident of one of the Contracting States from an employment connected with offshore activities in the other Contracting State may, to the extent that the duties are performed offshore in that other State, be taxed in that other State.

OFFSHORE ACTIVITIES. 1. The provisions of this Article shall apply notwithstanding any other provision of the this Convention. 2. In this Article An enterprise of one of the term "offshore activities" means States which carries on activities which are carried on offshore in a Contracting the other State in connection with the exploration, exploration or exploitation or extraction of the seabed sea bed and subsoil sub-soil and their natural resources situated in that State. 3. An enterprise of a Contracting State which carries on offshore activities in the other Contracting State shall, subject to paragraphs 3 and 4 and 5of this Article, be deemed to be carrying on on, in respect of those activities, business in that other State through a permanent establishment situated therein. 43. The provisions of paragraph 3 2 of this Article shall not apply where the offshore activities referred to therein are carried on in the other Contracting State for a period or periods not exceeding in the aggregate 30 days in any twelve-month period beginning or ending in the fiscal year concerned12 months’ period. For the purposes of this paragraph: a) a. where an enterprise of a Contracting State carrying on offshore activities referred to in paragraph 2 of this Article in the other Contracting State is associated with another enterprise carrying on substantially similar offshore activities there, the former enterprise shall be deemed to be carrying on all such activities of the latter enterprise, with except to the exception of extent that those activities which are carried on at the same time as its own activities; b) b. an enterprise shall be regarded as associated with another enterprise if one participates directly or indirectly in the management, control or capital of the other or if the same person or persons participate directly or indirectly in the management, control or capital of both enterprises. 54. Profits derived by a resident of a Contracting State from: a) one of the transportation, in connection with offshore activities, States from the transportation of supplies or personnel by ship or aircraft to a location, or between places locations, where such activities in connection with the exploration or exploitation of the sea bed and sub-soil and their natural resources are being carried on; or b) on in one of the States, or from the operation of ships for towing or anchor handling in connection with tugboats and other vessels auxiliary to such activities; , shall be taxable only in that Statethe State in which the place of effective management of the enterprise is situated. 6. Income derived by a resident of a Contracting State from exploration, exploitation or extraction rights and gains derived by a resident of a Contracting State from the alienation of such rights or from the alienation of: a) property situated in the other Contracting State and used in connection with offshore activities carried on in that other State; or b) shares deriving their value or the greater part of their value directly or indirectly from such rights or such property or from such rights and such property taken together; may be taxed in that other State. In this paragraph "exploration, exploitation or extraction rights" means rights to assets to be produced by the exploration, exploitation or extraction of the seabed and subsoil and their natural resources in the other State, including rights to interests in or to the benefit of such assets. 7. a. Subject to sub-paragraph 8 b of this Articleparagraph, salaries, wages and other similar remuneration derived by a resident of one of the Contracting States from in respect of an employment connected with offshore activities the exploration or exploitation of the sea bed and sub-soil and their natural resources situated in the other Contracting State may, to the extent that the duties are performed employment is exercised offshore in that other State, be taxed in that other StateState provided that the employment is exercised offshore for a period or periods exceeding in the aggregate 30 days in any 12 months’ period.