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 Switzerland, 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 ‘Switzerland’ means the Swiss Confederation;

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 that has its place of effective management in 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 Switzerland, the Head of the Federal Department of Finance or his authorised representative;

i)

the term ‘national’ means:

(i)

any individual possessing the nationality of a Contracting State;

(ii)

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 plan, scheme, fund, trust or other arrangement established in a Contracting State which is:

(i)

regulated by and generally exempt from taxes on income in that State; and

(ii)

operated principally to administer or provide pension or retirement benefits or to earn income for the benefit of one or more such arrangements.

2.