a’
then the provisions of those articles
shall not be affected
by the provisions ofthis article.
Article 8
Shipping aid air transport
1 Profits’ from the operation of ships or
aircraft in
international traffic shall be taxable
Ofliy in the Ccntracting
State in which the place of effective management
of the
enterprise is sitqated.
2 —- If theplace.ofeffective rpanagement
of a shipping
enterprise is aboard a ship, then it shall be deemed
to be
situatd in the Contracting State in which
the hornehar
bour of the ship is situated, or, ifthere is
no such home
harbour, in the Contracting State of
which the oprator of
the ship is a resident.
3 — The provisions of paragraph
1 shall also apply to
profits from the participation in a pooi, aj3int business
or
an international operating agency.
4 — Whenever companies from different
countries have
agreed to carry on an air transportation business together
in
the form of a consortium or a similar
form ofassociation,
the provisions ofparagraph 1 shall apply to such
part ofthe
profits ofthe consortium or association as
corresponds to
the participation held in that consortium
or association by
a company that is a resident of a
Contracting State.
Article 9
Associated enterprises
1 —Where:
a) an enterprise of a Contacting
State particpates di
rectly or indirectly in the management,
ontro1 or capital
of an enterprise of the other Contracting
State; üT
b) the samepersons participate
directly or indiiectly in
the management, control or capital of
an enterprise of a
Contracting State and an enterprise of
the other Contrac
ting State;
and in either case cohditions are made
or imposed be
tween the two enterprises in their commercial or
financial
re!ations which differ from those
which would be made
between independent enterprises, then any
profits Which
would, but for those conditions, have accrued
to one ofthe
enterprises, but, by reason ofthose condilions,
havenot so
accrueã, may be included in the prbfits of that
enterprise
and taxed accordingly.
2.— Where a Cóntracting State
includes n theprofits of
an enterprise ofthat State
—--and taxes accordingly — pro
fits on which an entérrise of the other
Contracting Stae
has been charged to tax in that other
State and thé profits
so included are profits which
would have acçrued to the
enterprise of the first-mentioned State if
the conditions
made between the two enterprises
had been those which
would have been made between independent
enterprises,
then that other State, if it agrees that the
adjustment made
by the first-mentioned State is justified
both in principie
and as regards the amottnt, shallmake an
appropriate ad
justment to the amount ôfthe tax charged
therein õn those
prdfits. In determining such adiustment, due
regard shall
43.
DAR II Série A / 44

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