Article 3 General definitions

1.

a)

the terms ‘a Contracting State’ and ‘the other Contracting State’ mean the Kingdom of the Netherlands (the Netherlands) or Ghana, as the context requires;

b)

the term ‘the Netherlands’ means the part of the Kingdom of the Netherlands that is situated in Europe, including its territorial sea, and any area beyond the territorial sea within which the Netherlands, in accordance with international law, exercises jurisdiction or sovereign rights;

c)

the term ‘Ghana’ means the territory of the Republic of Ghana including the territorial sea and any area outside the territorial sea within which, in accordance with international law, the Republic of Ghana has sovereign rights for the purpose of exploring and exploiting the natural resources of the seabed and its subsoil and the superjacent waters;

d)

the term ‘person’ includes an individual, a company and any other body of persons;

e)

the term ‘company’ means any body corporate or any entity that is treated as a body corporate for tax purposes;

f)

the terms ‘enterprise of a Contracting State’ and ‘enterprise of the other Contracting State’ mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;

g)

the term ‘international traffic’ means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State;

h)

the term ‘competent authority’ means:

(i)

in the Netherlands, the Minister of Finance or his authorised representative;

(ii)

in the case of Ghana, the Commissioner-General of the Ghana Revenue Authority or his authorised representative.

i)

the term ‘national’ means:

—

any individual possessing the nationality of a Contracting State;

—

any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State;

j)

the term ‘pension fund’ means any person that:

(i)

is established under the laws of a Contracting State;

(ii)

is operated primarily to administer or provide pensions, retirement benefits or other similar remuneration or earn income for the benefit of such persons; and

(iii)

is exempt from taxes on income in that Contracting State with respect to itself and its income derived from activities described in clause ii).

2.