DRAFT AGREEMENT BETWEEN

Capital Gains 1.  Gains derived by a resident of a Contracting State from the alienation of immovable property referred to in Article 6 of this Agrement and situated in the other Contracting State may be taxed in that other State. 2.  Gains from the alienation of movable property forming part of the business property of a permanent establishment which an enterprise of a Contracting State has in the other Contracting State or of movable property pertaining to a fixed base available to a resident of a Contracting State in the other Contracting State for the purpose of performing independent personal services, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise) or of such fixed base, may be taxed in that other Contracting State. 3.  Gains from the alienation of ships or aircraft operated in international traffic, or movable property pertaining to the operation of such ships or aircraft, shall be taxable only in the Contracting State in which the place of effective management of the enterprise is situated. 4.  Notwithstanding the provisions of paragraph 2 of this Article, gains from the alienation of shares that constitute a share in a company which is a resident of a Contracting State may be taxable in that State. 5.  Gains derived from the alienation of any property other than that referred to in the preceding paragraphs shall be taxable only in the Contracting State of which the alienator is a resident.