this Article means income from shares or other rights, not being debt-claims, participating in profits, as well as income - even paid in the form of interest - which is subjected to the same taxation treatment as income from shares by the tax legislation of the State of which the paying company is a resident. This term also means any payments on shares of the mutual investment funds or similar collective investment vehicles (other than those mentioned in paragraph 5 of Article 6 "Income from Immovable Property" of the Agreement).
The term "shares" as used in this Article shall include depository receipts thereof."
Article VI
Paragraph 2 of Article 11 "Interest" of the Agreement shall be modified as follows:
"2. The term "interest" as used in this Article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures. However, the term "interest" shall not include for the purpose of this Article penalty charges for late payment or interest regarded as dividends under paragraph 3 of Article 10."
Article VII
Article 13 "Gains from Alienation of Property" of the Agreement shall be modified with the deletion of existing paragraph 4 and the addition of new paragraphs 4, 5, 6 and 7 that shall read as follows:
"4. Gains derived by a resident of a Contracting State from the alienation of shares or similar rights deriving more than 50% of their value from immovable property situated in the other Contracting State may be taxed in that other State.
5. For the purposes of paragraph 4, gains from the alienation of shares shall not include gains from the alienation of shares in the course of a corporate reorganisation, and gains from the alienation of shares listed on a registered stock exchange.
6. The provisions of paragraph 4 shall not apply to gains from the alienation of shares derived by a pension fund, a provident fund and the Government of a Contracting State.
7. 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 VIII
1. Paragraph 1 of Article 25 "Mutual Agreement Procedure" of the Agreement shall be modified as follows:
"1. Where a person considers that the actions of one or both of the Contracting States result or will result for him in taxation not in accordance with the provisions of this Agreement, he may, irrespective of the remedies provided by the domestic law of those States, present his case to the competent authority of either Contracting State. The case must be presented within three years from the first notification of the action resulting in taxation not in accordance with the provisions of the Agreement."
2. Paragraph 4 of Article 25 "Mutual Agreement Procedure" of the Agreement shall be modified as follows:
"4. The competent authorities of the Contracting States may communicate with each other directly, including through a joint commission consisting of themselves or their representatives, for the purpose of reaching an agreement in the sense of the preceding paragraphs."
Article IX
Article 26 "Exchange of Information" of the Agreement shall be modified as follows:
"Article 26
Exchange of Information
1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement o
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