paragraph 3, as well as the article and paragraph number of each such provision. Paragraph 1 shall apply

with respect to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made

a notification with respect to that provision.

6. Each Party that has not made a reservation described in paragraph 4 shall notify the Depositary of whether each of its Covered Tax Agreements contains a provision described in subparagraph b) of paragraph

3, as well as the article and paragraph number of each such provision. Paragraph 2 shall apply with respect

to a provision of a Covered Tax Agreement only where all Contracting Jurisdictions have made such a

notification with respect to that provision.

Article 13 – Artificial Avoidance of Permanent Establishment Status through the Specific Activity Exemptions

1. A Party may choose to apply paragraph 2 (Option A) or paragraph 3 (Option B) or to apply neither Option.

Option A

2. Notwithstanding the provisions of a Covered Tax Agreement that define the term “permanent establishment”, the term “permanent establishment” shall be deemed not to include:

a) the activities specifically listed in the Covered Tax Agreement (prior to modification by this Convention) as activities deemed not to constitute a permanent establishment, whether or not

that exception from permanent establishment status is contingent on the activity being of a

preparatory or auxiliary character;

b) the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any activity not described in subparagraph a);

c) the maintenance of a fixed place of business solely for any combination of activities mentioned in subparagraphs a) and b),

provided that such activity or, in the case of subparagraph c), the overall activity of the fixed place of

business, is of a preparatory or auxiliary character.

Option B

3. Notwithstanding the provisions of a Covered Tax Agreement that define the term “permanent establishment”, the term “permanent establishment” shall be deemed not to include:

a) the activities specifically listed in the Covered Tax Agreement (prior to modification by this Convention) as activities deemed not to constitute a permanent establishment, whether or not

that exception from permanent establishment status is contingent on the activity being of a

preparatory or auxiliary character, except to the extent that the relevant provision of the Covered

Tax Agreement provides explicitly that a specific activity shall be deemed not to constitute a

permanent establishment provided that the activity is of a preparatory or auxiliary character;

II SÉRIE-A — NÚMERO 84____________________________________________________________________________________________________________

214