The Double Taxation Relief (Taxes on Income) (Georgia) Order 2004

(1) For the purposes of this Agreement, unless the context otherwise requires:

(a) the term “Georgia” means the territory within the state borders of Georgia, including land territory, internal waters and territorial sea, the air space above them, in respect of which Georgia exercises its sovereignty, as well as the exclusive economic zone and continental shelf adjacent to its territorial sea in respect of which Georgia may exercise its sovereign rights in accordance with international law;

(b) the term “United Kingdom” means Great Britain and Northern Ireland, including any area outside the territorial sea of the United Kingdom which in accordance with international law has been or may hereafter be designated, under the laws of the United Kingdom concerning the Continental Shelf, as an area within which the rights of the United Kingdom with respect to the sea bed and sub-soil and their natural resources may be exercised;

(c) the terms “a Contracting State” and “the other Contracting State” mean Georgia or the United Kingdom, as the context requires;

(d) the term “person” includes an individual, a company and any other body of persons, and does not include a partnership;

(e) the term “company” means any body corporate or any entity that is treated as a body corporate for tax purposes;

(f) the term “enterprise” applies to the carrying on of any business;

(g) 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;

(h) 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;

(i) the term “competent authority” means:

(i) in the case of Georgia, the Ministry of Finance or its authorised representative;

(ii) in the case of the United Kingdom, the Commissioners of Inland Revenue or their authorised representative;

(j) the term “national” means:

(i) in relation to Georgia, any individual possessing the citizenship of Georgia and any legal person or association deriving its status as such from the law in force in Georgia;

(ii) in relation to the United Kingdom, any British citizen, or any British subject not possessing the citizenship of any other Commonwealth country or territory, provided he has the right of abode in the United Kingdom; and any legal person, partnership, association or other entity deriving its status as such from the law in force in the United Kingdom;

(k) the term “business” (economic activity) includes the performance of professional services and of other activities of an independent character;

(l) the term “capital” means movable and immovable property. It includes especially, but is not limited to, cash, shares or other documents evidencing property rights and bonds or other debt liabilities. It also includes patents, trade marks, copyrights or similar rights and property.