PROTOCOL
The Federal Republic of Germany and the People's Republic of Bangladesh, have Agreed at the Signing at Bonn on 29 May 1990 of the Agreement between the two States for the avoidance of double taxation with respect to taxes on income upon the following provisions which shall form an integral part of the said Agreement.
(1) With reference to Article 10:
In the case of the Federal Republic of Germany the term "dividends" shall also include income derived by a sleeping partner from his participation as such.
(2) With reference to Articles 10 and 11:
Notwithstanding the provisions of these Articles, dividends and interest may be taxed in the Contracting State in which they arise, and according to the law of that State, if they are derived from rights or debt claims carrying a right to participate in profits (including income derived by a sleeping partner from his participation as such, from a "partiarisches Darlehen" and from "Gewinnobligationen" within the meaning of the law of the Federal Republic of Germany) and under the condition that they are deductible in the determination of profits of the debtor of such income.
(3) With reference to Article 22:
Where a company being a resident of the Federal Republic of Germany distributes income derived from sources within Bangladesh paragraph (1) shall not preclude the compensatory imposition of corporation tax on such distributions in accordance with the provisions of German tax law. In case Bangladesh changes its law to avoid economic double taxation, similar appropriate provisions in respect of paragraph (2) shall be applicable in its case.
DONE at Bonn, this 29th day of May 1990, in two originals, each in the German, Bangla and English languages, all texts being authentic. In case of any divergence of interpretation, the English text shall prevail.
FOR THE FEDERAL REPUBLIC OF GERMANY:
LAUTENSCHLAGER KLEMM
FOR THE PEOPLE'S REPUBLIC OF BANGLADESH:
HUSSAIN