PROTOCOL TO THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
At the moment of signing the Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income, this day concluded between the Government of the Republic of Slovenia and the Government of the United Arab Emirates, the undersigned being duly authorized thereto have agreed upon the following provisions which shall be an integral part of the Agreement:
(1) Income from hydrocarbons and natural resources:
With respect to the entire Agreement, it is understood that nothing in this Agreement shall affect the right of either of the Contracting States or of any of their political subdivisions, local Governments or local authorities thereof to apply their domestic laws and regulations related to the taxation of income and profits derived from hydrocarbons and natural resources and its associated activities situated in the territory of the respective Contracting State, as the case may be.
(2) With reference to Article 4, paragraph (2):
In the case of the United Arab Emirates, it is understood that institutions mentioned in paragraph (2) of Article 4 include especially:
- (a) Abu Dhabi Investment Authority;
- (b) Abu Dhabi Investment Council;
- (c) Emirates Investment Authority;
- (d) Mubadala Development Company;
- (e) International Petroleum Investment Company;
- (f) Dubai World;
- (g) Investment Corporation of Dubai;
- (h) recognized pension fund.
(3) With reference to point 2 of this Protocol, paragraph (3) of Article 10 and paragraph (3) of Article 11:
It is understood that the term "recognized pension fund" means any pension fund generally exempt from tax in a Contracting State where it is established, and:
- (a) in the case of Slovenia, means any pension fund recognized and controlled according to statutory provisions;
- (b) in the case of the United Arab Emirates, means pension funds created by the federal or local Governments of the United Arab Emirates.
(4) With reference to Article 8, paragraph (1):
The provisions of paragraph (1) shall also apply to the following income from the operations of aircraft in international traffic:
- (a) selling of tickets on behalf of another enterprise;
- (b) income from selling technical services to a third party;
- (c) income from bank deposits and other investments, such as bonds, shares and other debentures;
provided that such income is incidental to the operations of aircraft in international traffic.
(5) With reference to Articles 10 and 11:
It is understood that the Contracting States will notify each other through the exchange of letters by the competent authorities about the new entity recognized as an integral part of that Government which shall be included in the paragraph (3) of Article 10 and paragraph (3) of Article 11.
(6) With respect to Article 13:
It is understood that this Article does not contain special rules for gains from the alienation of shares in a company (other than shares of a company dealt with in paragraph (4) or of securities, bonds, debentures and the like. Such gains are, therefore, in accordance with paragraph (5) of Article 13, taxable only in the State of which the alienator is a resident.
(7) With reference to Article 23:
The Agreement shall not restrict in any manner any exclusion, exemption or deduction, credit or other allowance or benefit now or hereafter accorded:
- (a) by the laws of either Contracting State or its administrative practice; or
- (b) by any other agreement between the Contracting States.
IN WITNESS WHEREOF, the undersigned, duly authorized thereto, have signed this Protocol.
DONE in duplicate at Washington, this twelfth day of October 2013, in the Slovenian, Arabic and English languages, all texts being equally authentic. In case of divergence between any of the texts, the English text shall prevail.
FOR THE GOVERNMENT OF THE REPUBLIC OF SLOVENIA:
FOR THE GOVERNMENT OF THE UNITED ARAB EMIRATES:
OBAID HUMAID AL TAYER