2 DE ABRIL DE 1998

1004-(65)

ii) In respect of other taxes, as to income arising or capital owned on or after the first day of January in the calendar year next following the year in which the notice of termination is given;

b) In the case of Portugal:

i) In respect of taxes withheld at the source, the fact giving rise to them appearing on or after the first day of January next following the date on which the period specified in the said notice of termination expires;

ii) In respect of other taxes as to income or capital arising in the fiscal year beginning on or after the first day of January next following the date on which the period specified in the said notice of termination expires.

In witness whereof the undersigned, duly authorized thereto, have signed this Convention.

Done at Bucharest, on September 16th, 1997, in duplicate in the Portuguese, Romanian and English languages, all texts being equally authentic. In caso of any divergence of interpretation, the English text prevail.

For the Portuguese Republic:

The Secretary of State of Foreign Affaires and Cooperation, José Alberto Rebelo dos Reis Lamego.

For Romania:

The Secretary of State, Ministry of Foreign Affairs, Lazar Comanescu.

PROTOCOL

At the moment of signing the Convention for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income and on Capital, concluded between the Portuguese Republic

and Romania, the undersigned, being duly authorized thereto by their respective States, have agreed upon the following provisions which shall form an integral part of the Convention:

1 — Ad article 2

Should any Contracting State introduce a tax on capital with a world-wide basis, the Contracting States shall consult each other to extend the scope of the Convention by including this tax.

2 — Ad article 10, paragraph 4

The term «dividends», in the case of Portugal, includes profits attributed under an association for participation in profits.

3 — Ad article 11, paragraph 3, c)

The competent authorities of both Contracting States will exchange a list with the entities referred in paragraph 3, c), after the signature and before the entry into force of this Convention.

4 — Ad article 25

The provisions of this article do not hinder the application of the stipulations of the tax law of a Contracting State concerning «thin capitalizations

In witness whereof the undersigned, duly authorized thereto, have signed this Protocol.

Done at Bucharest, on September 16th, 1997, in duplicate in the Portuguese, Romanian and English langua- ges, all texts being equally authentic. In case of any divergence of interpretation, the English text prevail.

For the Portuguese Republic:

The Secretary of State of Foreign Affaires and Cooperation, José Alberto Rebelo dos Reis Lamego.

For Romania:

The Secretary of State, Ministry of Foreign Affairs, Lazar Comanescu.

A Divisão de Redacção e Apoio Audiovisual.