(1) For the purposes of this Agreement, unless the context otherwise requires:
- (a) the terms "a Contracting State" and "the other Contracting State" mean United Arab Emirates or the Republic of South Sudan, as the context requires;
- (b) the term "United Arab Emirates" when used in a geographical sense, means the territory of the United Arab Emirates which is under its sovereignty as well as the area outside the territorial water, airspace and submarine areas over which the United Arab Emirates exercises, sovereign and jurisdictional rights in respect of any activity carried on in its water, seabed, subsoil, in connection with the exploration for or the exploitation of natural resources by virtue of its law and international law;
- (c) the term "the Republic of South Sudan" when used in a geographical sense means, the territory of the Republic of South Sudan, which comprises:
- (1) all lands and airspace that constituted the three former Southern Provinces of Bahr el Ghazal, Equatoria and Upper Nile in their boundaries as they stood on January 1, 1956; and
- (2) the Abyei Area, the territory of the nine Ngok Dinka Chiefdoms transferred from Bahr el Ghazal Province to Kordofan Province in 1905 as defined by the Abyei Arbitration Tribunal Award of July 2009 in the event that the resolution of the final status of the Abyei Area results in the Area becoming part of the Republic of South Sudan.
- (d) the term "person" includes an individual, an estate, a trust, a partnership, a company and any other body of persons;
- (e) the term “national” means:
- (1) any individual possessing the nationality of a Contracting State;
- (2) any legal person, partnership or association or other entity deriving its status as such from the laws in force in a Contracting State or of a political subdivision or a local government thereof;
- (f) the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;
- (g) a pension scheme means any plan, scheme, fund, trust, or other arrangement established in a Contracting State, and is generally exempt from tax in that State and operated principally either to administer or provide pension or retirement benefit or to earn income for the benefit of one or more such arrangements;
- (h) 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 arid an enterprise carried on by a resident of the other Contracting State;
- (i) 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;
- (j) the term "business" includes the performance of professional services and of other activities of an independent character.
- (k) the term "qualified government entity" means, Central bank of a Contracting State and any person, Agency, institution, authority, fund enterprise, organization, or other entity owned or controlled directly oil indirectly by a Contracting State or any political subdivision or local government thereof.
- (l) the term “tax” means United Arab Emirates tax or Republic of South Sudan tax, as the context requires;
- (m) the term “competent authority” means:
- (1) in the case of the United Arab Emirates: the Minister of Finance or an authorized representative of the Minister of Finance;
- (2) in the case of the Republic of South Sudan, the Minister of Finance and Planning or an authorized representative of the Minister of Finance and Planning.
(2) As regards the application of the Agreement at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that Contracting State for the purposes of the taxes to which the 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.