(1) For the purposes of this Agreement, unless the context otherwise requires:
- (a) the terms “a Contracting State” and “the other Contracting State” mean Senegal or Kuwait, as the context requires;
- (b) the term “Kuwait” means the territory of the State of Kuwait including any area beyond the territorial sea which in accordance with international law has been or may hereafter be designated, under the laws of Kuwait, as an area over which Kuwait may exercise sovereign rights or jurisdiction;
- (c) the term “Senegal” shall refer to the Republic of Senegal and, from the geographical point of view, includes the national territory, territorial waters as well as the maritime zones on which, in accordance with international law, Senegal exercises its rights of sovereignty or its jurisdiction;
- (d) the term “person” includes an individual, a company and any other body of persons;
- (e) the term “national” means any individual possessing the nationality of a Contracting State, and any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;
- (f) the term “company” means any body corporate or any entity which is treated as a body corporate for tax purposes;
- (g) the terms “enterprise of a Contracting State” and “enterprise of the other Contracting State” mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;
- (h) the term “international traffic” means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;
- (i) the term “tax” means Senegalese tax, or Kuwaiti tax, as the context requires;
- (j) the term “competent authority” means:
- (1) in the case of Kuwait: the Minister of Finance or an authorized representative of the Minister of Finance;
- (2) in the case of Senegal: the Minister of Finance or his authorized representative.
(2) As regards the application of this Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has at that time under the law of that State for the purposes of the taxes to which this Agreement applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.