ARTICLE 11

Interest

(1) Interest arising in a Contracting State and paid to a resident of the other Contracting State may be taxed in that other State.

(2) However, such interest may also be taxed in the Contracting State in which it arises and according to the laws of that State, but if the beneficial owner of the interest is a resident of the other Contracting State, the tax so charged shall not exceed 5 percent of the gross amount of the interest.

(3) Notwithstanding the provisions of paragraph (2):

• (a) interest arising in Germany in respect of a loan, debt-claim or credit guaranteed or insured by an institution for insurance or financing of international trade transactions which is wholly owned by Israel or paid to the Government of Israel or the "Bank of Israel" shall be exempt from German tax;
• (b) interest arising in Israel and paid in consideration of a loan guaranteed by Germany in respect of export or foreign direct investment or paid to the Government of Germany, the Deutsche Bundesbank, the Kreditanstalt für Wiederaufbau or the DEG-Deutsche Investitions- und Entwicklungsgesellschaft mbH shall be exempt from Israeli tax;
• (c) interest arising in a Contracting State and paid to a resident of the other Contracting State on corporate bonds traded on a Stock Exchange in the first-mentioned State and which were issued by a company which is a resident of that first-mentioned State shall be exempt from tax in the first-mentioned State;
• (d) interest arising in a Contracting State and paid to a pension fund which is a resident of the other Contracting State shall be exempt from tax in the first-mentioned State.

(4) The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. This term shall not include elements of payments additional to the sales price arising from the sale on credit of any merchandise or industrial, commercial or scientific equipment and penalty charges for late payment. Furthermore, the term "interest" does not include income dealt with in Article 10.

(5) The provisions of paragraphs (1) to (3) shall not apply if the beneficial owner of the interest, being a resident of a Contracting State, carries on business in the other Contracting State in which the interest arises, through a permanent establishment situated therein and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall apply.

(6) Interest shall be deemed to arise in a Contracting State when the payer is a resident of that State. Where, however, the person paying the interest, whether he is a resident of a Contracting State or not, has in a Contracting State a permanent establishment in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment, then such interest shall be deemed to arise in the State in which the permanent establishment is situated.

(7) Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In such case, the excess part of the payments shall remain taxable according to the laws of each Contracting State, due regard being had to the other provisions of this Agreement.