Protocol

It is understood that exploration and exploitation rights of natural resources shall be regarded as immovable property situated in the Contracting State the seabed and subsoil of which they are related to, and that these rights shall be deemed to pertain to the property of a permanent establishment in that State. Furthermore, it is understood that the aforementioned rights include rights to interests in, or to the benefits of, assets to be produced by such exploration or exploitation.

It is understood that a warehouse or premises used as a sales outlet can only be deemed to be a permanent establishment insofar as the other activities of the enterprise in the other Contracting State consist of sales activities which constitute a permanent establishment in the meaning of Article 5.

It is understood that the use of facilities solely for the purpose of delivery of goods or merchandise belonging to an enterprise of a Contracting State does in itself not constitute a permanent establishment of that enterprise in the other Contracting State within the meaning of Article 5. If, however, such delivery takes place in combination with any activity, other than the activities mentioned in paragraph 4 of Article 5, of that enterprise in the other Contracting State, then that enterprise will be deemed to carry on business in that other Contracting State through a permanent establishment situated therein.

With respect to paragraph 5 of Article 5 it is understood that where a person holds a stock of goods or merchandise belonging to an enterprise and also habitually canvasses for orders on behalf of that enterprise in Jordan, that enterprise shall be treated as having a permanent establishment in Jordan, notwithstanding that contracts of sale are formally concluded outside Jordan.

Also in the cases of Article 5, paragraph 2, subparagraph f, Article 5, paragraph 5, subparagraph b, Protocol III Ad Article 5, paragraph 4, sub-paragraphs a and b and Protocol IV Ad Article 5, paragraph 5, subparagraph b, the profits of the permanent establishment shall be allocated as if the head office and the permanent establishment of the enterprise were operating as independent entities.

In respect of paragraphs 1 and 2 of Article 7, where an enterprise of a Contracting State sells goods or merchandise or carries on business in the other Contracting State through a permanent establishment situated therein, the profits of that permanent establishment shall not be determined on the basis of the total amount received by the enterprise, but shall be determined only on the basis of that portion of the income of the enterprise that is attributable to the actual activity of the permanent establishment in respect of such sales or business. Specifically, in the case of contracts for the survey, supply, installation or construction of industrial, commercial or scientific equipment or premises, or of public works, when the enterprise has a permanent establishment, the profits attributable to such permanent establishment shall not be determined on the basis of the total amount of the contract, but shall be determined only on the basis of that part of the contract that is effectively carried out by the permanent establishment in the Contracting State where the permanent establishment is situated. The profits related to that part of the contract which is carried out by the head office of the enterprise shall be taxable only in the Contracting State of which the enterprise is a resident.

Notwithstanding the provision of paragraph 2, subparagraph a, the provisions of paragraph 2 shall not apply as long as the domestic law in either of the Contracting States exempts or does not subject such dividends to tax.

Notwithstanding the provisions of paragraph 2 the Contracting State of which the company is a resident shall not levy a tax on dividends paid by that company, if the beneficial owner of the dividends is a pension fund referred to in paragraph 4 of Article 4.

Where tax has been levied at source in excess of the amount of tax chargeable under the provisions of Articles 10, 11 or 12, applications for the refund of the excess amount of tax have to be lodged with the competent authority of the State having levied the tax, within a period of three years after the expiration of the calendar year in which the tax has been levied.

It is understood that income received in connection with the (partial) liquidation of a company or a purchase of own shares by a company is treated as income from shares and not as capital gains.

It is understood that ‘bestuurder or commissaris’ of a Netherlands company means persons, who are nominated as such by the general meeting of shareholders or by any other competent body of such company and are charged with the general management of the company and the supervision thereof, respectively.

IN WITNESS whereof the undersigned, duly authorized thereto, have signed this Protocol.

DONE at The Hague this 30^th day of October 2006, in duplicate, in the Netherlands, Arabic and English languages, the three texts being equally authentic. In case there is any divergence of interpretation between the Netherlands and Arabic texts, the English text shall prevail.