With regard to Article Sample Clauses

With regard to Article. 11, a) If Kazakhstan agrees in a treaty with another country which is a member of the Organization for Economic Cooperation and Development to impose a lower rate on interest than the rate specified in paragraph 2, both Contracting States shall apply that lower rate instead of the rate specified in paragraph 2. b) For purposes of paragraph 3 (b), the agencies and instrumentalities referred to shall be the Export-Import Bank and the Overseas Private Investment Corporation of the United States and similar agencies of either Contracting State as may be agreed upon in future by the competent authorities. The provisions of this paragraph shall apply provided that the lender does not have a right of recourse for payment of principal or interest to any person other than the borrower or a governmental body in the country of the borrower. c) Notwithstanding the provisions of paragraph 1, the United States may tax an excess inclusion with respect to a Real Estate Mortgage Interest Conduit (“REMIC”) in accordance with its domestic law. d) Where a resident of Kazakhstan conducts business in the United States through a permanent establishment in the United States or derives income subject to tax in the United States on a net basis by reason of paragraph 4 of Article 9 (Income from Real Property), paragraphs 2 and 3(b) of Article 12 (Royalties), paragraphs 1 or 2 of Article 13 (Gains), or Article 14 (Independent Personal Services), the "excess interest amount" shall be the excess if any, of (i) interest borne by the permanent establishment or trade or business subject to tax on a net basis in the United States, over (ii) the interest paid by such permanent establishment or trade or business subject to tax on a net basis. Where a resident of the United States conducts business in Kazakhstan through a permanent establishment in Kazakhstan or derives income subject to tax in Kazakhstan on a net basis by reason of paragraph 4 of Article 9 (Income from Real Property), paragraphs 2 and 3(b) of Article 12 (Royalties), paragraph 1 or 2 of Article 13 (Gains), or Article 14 (Independent Personal Services), the "excess interest amount" shall be the amount of interest expense that is deductible in computing the resident's profits attributable to the permanent establishment in Kazakhstan or to the trade or business subject to tax in Kazakhstan on a net basis and that is comparable to the meaning of 'excess interest amount" in the preceding sentence.

With regard to Article. 14 (a) It is understood that a fixed base shall be treated for tax purposes in accordance with the principles applicable to a permanent establishment; (b) for purposes of paragraph 1, it is understood that Article 14 shall also apply to income derived by a company which is a resident of a Contracting State from the furnishing of personal services through a fixed base in the other Contracting State in accordance with subparagraph (a) of paragraph 1.

With regard to Article. 2: (a) All activities relating to the purchase, sale and transport of raw and auxiliary materials, energy and fuels as well as means of production and exploitation of any kind, shall enjoy treatment no less favorable than that accorded to activities related to investments made by investors from a third State. The normal functioning of such activities shall not be hindered in any way, provided that it is in conformity with the laws and regulations of the host country, in compliance with the provisions of this Agreement. (b) Nationals authorized to work in the territory and maritime zones of one of the Contracting Parties shall be afforded practical and adequate facilities for the exercise of their professional activities. (c) The Contracting Parties shall accord sympathetic consideration, within the framework of their internal legislation, to requests for entry and residence authorizations, work permits and movement permits submitted by nationals of one Contracting Party for the purpose of investment in the territory of the other Contracting Party.

With regard to Article. 8 (A) The arbitral tribunal shall be composed of three arbitrators: if they are not nationals of either Contracting Party, they shall be nationals of a country having diplomatic relations with both Contracting Parties. The appointment of arbitrators, when required, in accordance with the UNCITRAL Rules, will be conducted by the President of the Arbitration Institute of the Stockholm Chamber, in the capacity of a designated person. Arbitration will take place in Stockholm, unless the two parties to the arbitration dispute agree otherwise. (B) When awarding judgments, the Arbitral Tribunal shall in any case apply the provisions contained in this Agreement, as well as the principles of international law recognized by the two Contracting Parties.