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ARTICLE 5

Resident

(1) For the purposes of this Agreement, the term "resident of a Contracting State" means:

  • (a) in the case of the Republic of Fiji:
    • (i) an individual who under the laws of the Republic of Fiji or anybody
    • (ii) nominated by the government thereof is a national ii) any person other than an individual that is incorporated or otherwise recognized under the laws of the Republic of Fiji or Fiji or anybody nominated by the government
  • (b) in the case of the UAE:
    • (i) an individual who under the laws of the UAE or of any political subdivision or local government thereof is a national
    • (ii) any person other than an individual that is incorporated or otherwise recognized under the laws of the UAE or any political subdivision or local government thereof

(2) For the purposes of paragraph 1, a resident of a Contracting State includes:

  • (a) the Government of that Contracting State and any political subdivision or local Government or local authority thereof;
  • (b) any person other than an individual owned or controlled directly or indirectly by that State or any political subdivision or local government or local authority thereof;
  • (c) a qualified government entity;
  • (d) a pension fund;
  • (e) charities or religious, educational and cultural organizations;

(3) Where by reason of the provisions of paragraph 1 an individual is a resident of both Contracting States, then his status shall be determined as follows:

  • (a) he shall be deemed to be a resident only of the contracting State in which he has a permanent home available to him; if he has a permanent home available to him in both Contracting States, he shall be deemed to be a resident only of the contracting State with which his personal and economic relations are closer (center of vital interests);
  • (b) if the Contracting State in which he has his center of vital interests cannot be determined, or if he has not a permanent home available to him in either Contracting State, he shall be deemed to be a resident only of the Contracting State in which he has an habitual abode;
  • (c) If he has a habitual abode in both Contracting States or in neither of them, he shall be deemed to be a resident only of the contracting State of which he is a national;
  • (d)[sic] If his status cannot be determined under the provisions of sub-paragraph (c), the competent authorities of the Contracting States shall settle the question by mutual agreement.

(4) Where by reason of the provisions of paragraph (1) a person other than an individual is a resident of both Contracting States, then it shall be deemed to be a resident only of the Contracting State where it was incorporate.