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any patent, trade mark, design or model, plan, secret formula or process, or for information concerning industrial,

commercial or scientific experience.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a

resident of a Contracting State, carries on business in the other Contracting State in which the royalties arise

through a permanent establishment situated therein and the right or property in respect of which the royalties are

paid is effectively connected with such permanent establishment. In such case the provisions of Article 7 shall

apply.

5. Royalties shall be deemed to arise in a Contracting State when the payer is a resident of that State.

Where, however, the person paying the royalties, whether he is a resident of a Contracting State or not, has in a

Contracting State a permanent establishment in connection with which the liability to pay the royalties was

incurred, and such royalties are borne by such permanent establishment, then such royalties shall be deemed to

arise in the State in which the permanent establishment is situated.

6. 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 royalties, having regard to the use, right or information for

which they are 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 Convention.

ARTICLE 13

CAPITAL GAINS

1. Gains derived by a resident of a Contracting State from the alienation of immovable property referred to

in Article 6 and situated in the other Contracting State may be taxed in that other State.

2. Gains from the alienation of movable property forming part of the business property of a permanent

establishment which an enterprise of a Contracting State has in the other Contracting State, including such gains

from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that

other State.

3. Gains from the alienation of ships or aircraft operated in international traffic or movable property

pertaining to the operation of such ships or aircraft shall be taxable only in the Contracting State in which the

place of effective management of the enterprise is situated.

4. Gains derived by a resident of a Contracting State from the alienation of shares or of a comparable

interest deriving more than 50 percent of their value directly or indirectly from immovable property situated in the

other Contracting State may be taxed in that other State. However, this paragraph shall not apply to gains from

the alienation of shares of company listed on recognised stock exchange of one or both of the Contracting States

where such shares do not represent 25 percent or more of the capital of the listed company.

5. Gains from the alienation of any property other than that referred to in paragraphs 1, 2, 3 and 4, shall be

taxable only in the Contracting State of which the alienator is a resident.

ARTICLE 14

DEPENDENT PERSONAL SERVICES

1. Subject to the provisions of Articles 15, 17, 18, 19 and 20, salaries, wages and other similar remuneration

derived by a resident of a Contracting State in respect of an employment shall be taxable only in that State unless

the employment is exercised in the other Contracting State. If the employment is so exercised, such remuneration

as is derived therefrom may be taxed in that other State.

2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a Contracting State

in respect of an employment exercised in the other Contracting State shall be taxable only in the first-mentioned

State if:

a) the recipient is present in the other State for a period or periods not exceeding in the aggregate 183 days

in any twelve month period commencing or ending in the fiscal year concerned, and

b) the remuneration is paid by, or on behalf of, an employer who is not a resident of the other State, and