Article 1
Persons Covered

This agreement shall apply to persons who are residents of one or both of the contracting states.

Article 2
Taxes Covered

1. This agreement shall apply to taxes on income imposed on behalf of a contracting state, irrespective of the manner in which they are levied.

2. There shall be regarded as taxes on income all taxes imposed on total income or on elements of income.

3. The existing taxes which are the subject of this agreement are:

   1. in the state of qatar: taxes on income..

   (hereinafter referred to as 'qatari tax')

   2. in malaysia:

      1. the income tax; and

      2. the petroleum income tax;

      (hereinafter referred to as 'malaysian tax');

4. This agreement shall apply also to any identical or substantially similar taxes that are imposed after the date of signature of this agreement in addition to, or in place of, the existing taxes. The competent authorities of the contracting states shall notify each other of any significant changes that have been made in their taxation laws.

Article 3
General Definitions

1. For the purposes of this agreement, unless the context otherwise requires:

   1. the term 'qatar' means the state of qatar's lands,internal waters, territorial sea including its bed and subsoil, the air space over them, the exclusive economic zone and the continental shelf, over which the state of qatar exercises sovereign rights and jurisdiction in accordance with the provisions of international law and qatar's national laws and regulations;

   2. the term 'malaysia' means the territories of the federation of malaysia, the territorial waters of malaysia and the sea-bed and subsoil of the territorial waters, and the airspace above such areas, and includes any area extending beyond the limits of the territorial waters of malaysia, and the sea-bed and subsoil of any such area, which has been or may hereafter be designated under the laws of malaysia and in accordance with international law as an area over which malaysia has sovereign rights or jurisdiction for the purposes of exploring and exploiting the natural resources, whether living or non-living;

   3. the terms 'a contracting state' and 'the other contracting state' means qatar or malaysia, as the context requires;

   4. the term 'person' includes an individual, a company and any other body of persons;

   5. the term 'company' means any body corporate or any entity that is treated as a body corporate for tax purposes;

   6. 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

   7. the term 'national' means:

      1. any individual possessing the nationality or citizenship of a contracting state;

      2. any legal person, partnership or association deriving its status as such from the laws in force in a contracting state;

   8. 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;

   9. the term 'place of effective management' means the place where a company is actually managed and controlled or the place where the decision making at the highest level on the important policies essential for the management of a company takes place;

   10. the term 'competent authority' means:

       1. in the case of the state of qatar, the minister of economy and finance, or his authorised representative. and

       2. in the case of malaysia, the minister of finance or his authorised representative;

   11. the term 'tax' means qatar tax or malaysian tax, as the context requires.

2. As regards the application of this agreement at any time by a contracting state, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that state for the purposes of the taxes to which this agreement applies, any meaning under the applicable tax laws of that state prevailing over a meaning given to the term under other laws of that state.

Article 4
Resident

1. For the purposes of this agreement, the term 'resident of a contracting state' means:

   1. in the case of the state of qatar, any individual who, under the law of the state of qatar is a resident of the state of qatar, and a company having its place of effective management in qatar. the term also includes the state of qatar and any local authority, political subdivision or statutory body thereof;

   2. in the case of malaysia a person who is a resident in malaysia for the purpose of malaysian tax and also includes the state, any political subdivisions, local authority or a statutory body thereof;

2. Where by reason of the provisions of paragraph 1 an individual is a resident of both contracting states, then his status shall be determined as follows:

   1. he shall be deemed to be a resident only of the contracting state in which he has a permanent home available to him; if he has a permanent home available to him in both contracting states, he shall be deemed to be a resident only of the contracting state with which his personal and economic relations are closer (centre of vital interests);

   2. if the contracting state in which he has his centre of vital interests cannot be determined, or if he has not a permanent home available to him in either contracting state, he shall be deemed to be a resident only of the contracting state in which he has an habitual abode;

   3. if he has an habitual abode in both contracting states or in neither of them, he shall be deemed to be a resident only of the contracting state of which he is a national; if the residence status of an individual cannot be determined in accordance with the provisions of sub- paragraphs (a), (b) and (c) above, then the competent authorities of the contracting states shall settle this question by mutual agreement.

3. Where by reason of the provisions of paragraph 1 a person other than an individual is a resident of both contracting states, then it shall be deemed to be a resident only of the state in which its place of effective management is situated.

Article 5
Permanent Establishment

1. For the purposes of this agreement, the term 'permanent establishment' means a fixed place of business through which the business of an enterprise is wholly or partly carried on.

2. The term 'permanent establishment' includes especially:

   1. a place of management;

   2. a branch;

   3. an office;

   4. a factory;

   5. a workshop;

   6. a sales outlet;

   7. a mine, an oil or gas well, a quarry or any exploration, exploitation or extraction of natural other place of resources; and

   8. a building site, a construction, assembly or installation project, or supervisory activities, in connection therewith, but only where such site, project or activities continue for a period of more than 6 months within any twelve-month period.

3. Notwithstanding the preceding provisions of this article, the term 'permanent establishment' shall be deemed not to include:

   1. the use of facilities solely for the purpose of storage, display or delivery of goods or merchandise belonging to the enterprise;

   2. the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of storage, display or delivery;

   3. the maintenance of a stock of goods or merchandise belonging to the enterprise solely for the purpose of processing by another enterprise;

   4. the maintenance of a fixed place of business solely for the purpose of purchasing goods or merchandise, or of collecting information, for the enterprise;

   5. the maintenance of a fixed place of business solely for the purpose of carrying on, for the enterprise, any other activity of a preparatory or auxiliary character; or

   6. the maintenance of a fixed place of business solely for any combination of activities mentioned in sub- paragraphs (a) to (e), provided that the overall activity of the fixed place of business resulting from this combination is of a preparatory or auxiliary character.

4. Notwithstanding the provisions of paragraphs 1 and 2, where a person - other than an agent of an independent status to whom paragraph 5 applies - is acting in one of the states on behalf of an enterprise of the other state, that enterprise shall be deemed to have a permanent establishment in the first-mentioned state in respect of any activities which that person undertakes for the enterprise if the person:

   1. has, and habitually exercises in the first-mentioned state an authority to conclude contracts in the name of the enterprise, unless the activities of such person are limited to those mentioned in paragraph 3 which, if exercised through a fixed place of business, would not make this fixed place of business a permanent establishment under the provisions of that paragraph; or

   2. has no such authority, but habitually maintains in the first- mentioned state a stock of goods or merchandise belonging to the enterprise from which he regularly fills orders on behalf of the enterprise.

5. An enterprise shall not be deemed to have a permanent establishment in a contracting state merely because it carries on business in that state through a broker, general commission agent or any other agent of an independent status, provided that such persons are acting in the ordinary course of their business.

6. The fact that a company which is a resident of a contracting state controls or is controlled by a company which is a resident of the other contracting state, or which carries on business in that other state (whether through a permanent establishment or otherwise), shall not of itself constitute either company a permanent establishment of the other.

Article 6
Income from Immovable Property

1. Income derived by a resident of a contracting state from immovable property (including income from agriculture or forestry) situated in the other contracting state may be taxed in that other state.

2. The term 'immovable property' shall have the meaning which it has under the law of the contracting state in which the property in question is situated. the term shall in any case include property accessory to immovable property, livestock and equipment used in agriculture and forestry, rights to which the provisions of general law respecting landed property apply, usufruct of immovable property and rights to variable or fixed payments as consideration for the working of, or the right to work, mineral deposits, sources and other natural resources; ships, boats and aircraft shall not be regarded as immovable property.

3. The provisions of paragraph 1 shall apply to income derived from the direct use, letting, or use in any other form of immovable property.

4. The provisions of paragraphs 1 and 3 shall apply also to the income from immovable property of an enterprise and to income from immovable property used for the performance of independent personal services.

Article 7
Business Profits

1. The profits of an enterprise of a contracting state shall be taxable only in that state unless the enterprise carries on business in the other contracting state through a permanent establishment situated therein. if the enterprise carries on business as aforesaid, the profits of the enterprise may be taxed in the other state but only so much of them as is attributable to that permanent establishment.

2. Subject to the provisions of paragraph 3, where an enterprise of a contracting state carries on business in the other contracting state through a permanent establishment situated therein, there shall in each contracting state be attributed to that permanent establishment the profits which it might be expected to make if it were a distinct and separate enterprise engaged in the same or similar activities under the same or similar conditions and dealing wholly independently with the enterprise of which it is a permanent establishment.

3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the permanent establishment, including executive and general administrative expenses so incurred, whether in the state in which the permanent establishment is situated or elsewhere, which are allowed under the provisions of the domestic law of the contracting state in which the permanent establishment is situated.

4. If the information available to the competent authority is inadequate to determine the profits to be attributed to the permanent establishment of an enterprise, nothing in this article shall affect the application of any law of that state relating to the determination of the tax liability of a person by the exercise of a discretion or the making of an estimate by the competent authority, provided that the law shall be applied, so far as the information available to the competent authority permits, in accordance with the principles of this article.

5. No profits shall be attributed to a permanent establishment by reason of the mere purchase by that permanent establishment of goods or merchandise for the enterprise.

6. For the purposes of the preceding paragraphs, the profits to be attributed to the permanent establishment shall be determined by the same method year by year unless there is good and sufficient reason to the contrary.

7. Where profits include items of income which are dealt with separately in other articles of this agreement, then the provisions of those articles shall not be affected by the provisions of this article.

Article 8
Shipping and Air Transport

1. Profits from the operation of ships or aircraft in international traffic shall be taxable only in the contracting state in which the place of effective management of the enterprise is situated.

2. If the place of effective management of a shipping enterprise is aboard a ship, then it shall be deemed to be situated in the contracting state of which the operator of the ship is a resident.

3. Paragraph 1 shall also apply to the share of the profits from the operation of ships or aircraft derived by an enterprise of a contracting state through participation in a pool, a joint business or an international operating agency.

Article 9
Associated Enterprises

1. Where -

   1. an enterprise of a contracting state participates directly or indirectly in the management, control or capital of an enterprise of the other contracting state, or

   2. the same persons participate directly or indirectly in the management, control or capital of an enterprise of a contracting state and an enterprise of the other contracting state, and in either case conditions are made or imposed between the two enterprises in their commercial or financial relations which differ from those which would be made between independent enterprises, then any profits which would, but for those conditions, have accrued to one of the enterprises, but, by reason of those conditions, have not so accrued, may be included in the profits of that enterprise and taxed accordingly.

2. Where a contracting state includes in the profits of an enterprise of that state-and taxes accordingly - profits on which an enterprise of the other contracting state has been charged to tax in that other state and the profits so included are profits which would have accrued to the enterprise of the first- mentioned state if the conditions made between the two enterprises had been those which would have been made between independent enterprises, then that other state may make an appropriate adjustment to the amount of the tax charged therein on those profits. in determining such adjustment, due regard shall be had to the other provisions of this agreement and the competent authorities of the contracting states shall if necessary consult each other.

Article 10
Dividends

1. Dividends paid by a company which is a resident of a contracting state to a resident of the other contracting state may be taxed in that other state.

2. However, such dividends may also be taxed in the contracting state of which the company paying the dividends is a resident and according to the laws of that state, but if the beneficial owner of the dividends is a resident of the other contracting state, the tax so charged shall not exceed:

   1. 5 per cent of the gross amount of the dividends if the beneficial owner is an individual or a company (other than a partnership) which holds directly at least 10 percent of the capital of the company paying the dividends;

   2. 10 per cent of the gross amount of the dividends in all other cases.this paragraph shall not affect the taxation of the company in respect of the profits out of which the dividends are paid.

3. Notwithstanding the provisions of paragraph 2, the investment authority of the government of a contracting state, its political subdivisions, local authorities and statutory bodies shall be exempt from tax in the other contracting state in respect of dividends derived from that other state.

4. The term 'dividends' as used in this article means income from shares or other rights, not being debt-claims, participating in profits, as well as income from other corporate rights which is subjected to the same taxation treatment as income from shares by the laws of the contracting state of which the company making the distribution is a resident.

5. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the dividends, being a resident of a contracting state, carries on business in the other contracting state of which the company paying the dividends is a resident, through a permanent establishment situated therein, or performs in that other state independent personal services from a fixed base situated therein, and the holding in respect of which the dividends are paid is effectively connected with such permanent establishment or fixed base. in such case the provisions of article 7 or article 15, as the case may be, shall apply.

6. Where a company which is a resident of a contracting state derives profits or income from the other contracting state, that other state may not impose any tax on the dividends paid by the company, except insofar as such dividends are paid to a resident of that other state or insofar as the holding in respect of which the dividends are paid is effectively connected with a permanent establishment or a fixed base situated in that other state, nor subject the company's undistributed profits to a tax on the company's undistributed profits, even if the dividends paid or the undistributed profits consist wholly or partly of profits or income arising in such other state.

Article 11
Interest

1. Interest arising in a contracting state and paid to a resident of the other contracting state may be taxed in that other state.

2. However, such interest may also be taxed in the contracting state in which it arises, and according to the laws of that state, but if the beneficial owner of the interest is a resident of the other contracting state, the tax so charged shall not exceed 5 per cent of the gross amount of the interest.

3. Notwithstanding the provisions of paragraph 2, the government of a contracting state shall be exempt from tax in the other contracting state in respect of interest derived by the government from that other state.

4. For the purposes of paragraph 3, the term 'government':

   1. in the case of the state of qatar means the government of the state of qatar and shall include:

      1. qatar investment authority;

      2. the local authorities and subdivision;

      3. the statutory bodies;

      4. the qatar central bank;

      5. the qatar development bank; and

      6. any other financial institution fully owned or financed by the government of the state of qatar, as may be agreed from time to time between the competent authorities of the contracting states.

   2. in the case of malaysia means the government of malaysia and shall include:

      1. the governments of the states

      2. the local authorities;

      3. the statutory bodies;

      4. the bank negara malaysia;

      5. the export-lmport bank of malaysia berhad (exim bank); and

      6. any other financial institution fully owned or financed by the government of malaysia, as may be agreed from time to time between the competent authorities of the contracting states.

5. The term 'interest' as used in this article means income from debt-claims of every kind, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums attaching to such securities, bonds or debentures. penalty charges for late payment shall not be regarded as interest for the purpose of this article.

6. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the interest, being a resident of a contracting state, carries on business in the other contracting state in which the interest arises, through a permanent establishment situated therein, or performs in that other state independent personal services from a fixed base situated therein, and the debt-claim in respect of which the interest is paid is effectively connected with such permanent establishment or fixed base. in such case the provisions of article 7 or article 15, as the case may be, shall apply.

7. Interest .shall be deemed to arise in a contracting state when the payer is a resident of that state. where, however, the person paying the interest, whether he is a resident of a contracting state or not, has in a contracting state a permanent establishment or a fixed base in connection with which the indebtedness on which the interest is paid was incurred, and such interest is borne by such permanent establishment or fixed base, then such interest shall be deemed to arise in the state in which the permanent establishment or fixed base is situated.

8. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the interest, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this article shall apply only to the last-mentioned amount. in such case, the excess part of the payments shall remain taxable according to the laws of each contracting state, due regard being had to the other provisions of this agreement.

Article 12
Royalties

1. Royalties arising in a contracting state and paid to a resident of the other contracting state may be taxed in that other state.

2. However, such royalties may also be taxed in the contracting state in which they arise, and according to the laws of that state, but if the beneficial owner of the royalties is a resident of the other contracting state, the tax so charged shall not exceed 8 per cent of the gross amount of the royalties.

3. The term 'royalties' as used in this article means payments of any kind received as a consideration for the use of, or the right to use, any copyright of literary, artistic or scientific work including cinematograph films, and films or tapes for radio or television broadcasting, any patent, trade mark, design or model, plan, secret formula or process, or for the use of, or the right to use, industrial, commercial or scientific equipment, or for information (know-how) concerning industrial, commercial or scientific experience.

4. The provisions of paragraphs 1 and 2 shall not apply if the beneficial owner of the royalties, being a resident of a contracting state, carries on business in the other contracting state in which the royalties arise, through a permanent establishment situated therein, or performs in that other state independent personal services from a fixed base situated therein, and the right or property in respect of which the royalties are paid is effectively connected with such permanent establishment or fixed base. in such case the provisions of article 7 or article 15, as the case may be, shall apply.

5. Royalties shall be deemed to arise in a contracting state when the payer is a resident of that state. where, however, the person paying such royalties, whether he is a resident of a contracting state or not, has in a contracting state a permanent establishment or a fixed base in connection with which the obligation to pay the royalties was incurred, and such royalties are borne by such permanent establishment or fixed base, then such royalties shall be deemed to arise in the state in which the permanent establishment or fixed base is situated.

6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the royalties, having regard to the use, right or information for which they are paid, exceeds the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this article shall apply only to the last-mentioned amount. in such case, the excess part of the payments shall remain taxable according to the laws of each contracting state, due regard being had to the other provisions of this agreement.

Article 13
Fees for Technical Services

1. Fees for technical services arising in a contracting state and paid to a resident of the other contracting state may be taxed in that other state.

2. However, such fees for technical services may also be taxed in the contracting state in which they arise and according to the laws of that state, but where the beneficial owner of the fees for technical services is a resident of the other contracting state the tax so charged shall not exceed 8 percent of the gross amount of the fees for technical services.

3. The term 'fees for technical services' as used in this article means payments of any kind to any person, other than to an employee of the person making the payments, in consideration for any services of a technical, managerial or consultancy nature.

4. The provisions of paragraphs 1 and 2 of this article shall not apply if the beneficial owner of the fees for technical services, being a resident of a contracting state, carries on business in the other contracting state in which the fees for technical services arise through a permanent establishment situated therein, or performs in that other state independent personnel services from a fixed base situated therein, and the fees for technical services are effectively connected with such permanent establishment or fixed base. in such a case the provisions of article 7 or article 15, as the case may be, shall apply.

5. Fees for technical services shall be deemed to arise in a contracting state when the payer is a resident of that state. where, however, the person paying the fees for technical services, whether he is a resident of a contracting state or not, has in a contracting state a permanent establishment or a fixed base in connection with which the obligation to pay the fees for technical services was incurred, and such fees for technical services are borne by such permanent establishment or fixed base, then such fees for technical services shall be deemed to arise in the contracting state in which the permanent establishment or fixed base is situated.

6. Where, by reason of a special relationship between the payer and the beneficial owner or between both of them and some other person, the amount of the fees for technical services paid exceeds, for whatever reason, the amount which would have been agreed upon by the payer and the beneficial owner in the absence of such relationship, the provisions of this article shall apply to the last- mentioned amount, in such case, the excess part of the payments shall remain taxable according to the laws of each contracting state, due regard being had to the other provisions of this agreement.

Article 14
Capital Gains

1. Gains derived by a resident of a contracting state from the alienation of immovable property referred to in article 6 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, including such gains from the alienation of such a permanent establishment (alone or with the whole enterprise), may be taxed in that other 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 is situated.

4. Gains from the alienation of any property other than that referred to in paragraphs 1, 2 and 3, shall be taxable only in the contracting state of which the alienator is a resident.

Article 15
Independent Personal Services

1. Income derived by a resident of a contracting state in respect of professional services or other activities of an independent character shall be taxable only in that state except in the following circumstances, when such income may also be taxed in the other contracting state:

   1. if he has a fixed base regularly available to him in the other contracting state for the purpose of performing his activities; in that case, only so much of the income as is attributable to that fixed base may be taxed in that other contracting state; or

   2. if his stay in the other contracting state is for a period or periods amounting to or exceeding in the aggregate 183 days in any twelvemonth period commencing or ending in the taxable year concerned; in that case, only so much of the income as is derived from his activities performed in that other state may be taxed in that other state.

2. The term 'professional services' includes especially independent scientific, literary, artistic, educational or teaching activities as well as the independent activities of physicians, lawyers, engineers, architects, dentists and accountants.

Article 16
Dependent Personal Services

1. Subject to the provisions of articles 17, 19, 20, 21 and 22, salaries, wages and other similar remuneration derived by a resident of a contracting state in respect of an employment shall be taxable only in that state unless the employment is exercised in the other contracting state. if the employment is so exercised, such remuneration as is derived therefrom may be taxed in that other state.

2. Notwithstanding the provisions of paragraph 1, remuneration derived by a resident of a contracting state in respect of an employment exercised in the other contracting state shall be taxable only in the first-mentioned state if:

   1. the recipient is present in the other state for a period or periods not exceeding in the aggregate 183 days in any twelve month period commencing or ending in the calendar year concerned; and

   2. the remuneration is paid by, or on behalf of, an employer who is not a resident of the other state; and

   3. the remuneration is not borne by a permanent establishment or a fixed base which the employer has in the other state.

3. Notwithstanding the preceding provisions of this article, remuneration derived from an employment exercised on board a ship or aircraft operated in international traffic may be taxed in the contracting state in which the place of effective management of the enterprise is situated.

Article 17
Directors' Fees

Directors' fees and other similar payments derived by a resident of a contracting state in his capacity as a member of the board of directors of a company which is a resident of the other contracting state, may be taxed in that other state.

Article 18
Artistes and Sportspersons

1. Notwithstanding the provisions of articles 15 and 16 income derived by a resident of a contracting state as an entertainer, such as a theatre, motion picture, radio or television artiste, or a musician, or as a sportsperson, from his personal activities as such exercised in the other contracting state, may be taxed in that other state.

2. Where income in respect of personal activities exercised by an entertainer or a sportsperson in his capacity as such accrues not to the entertainer or sportsperson himself but to another person, that income may, notwithstanding the provisions of articles 7, 15 and 16, be taxed in the contracting state in which the activities of the entertainer or sportsperson are exercised.

3. Income derived by a resident of a contracting state from activities exercised in the other contracting state as envisaged in paragraphs 1 and 2 of this article, shall be exempted from tax in that other state if the visit to that other state is supported wholly or mainly by funds of either contracting state, a political subdivision, a local authority, or a statutory body thereof, or takes place under a cultural agreement or arrangement between the governments of the contracting states.

Article 19
Pensions and Annuities

1. Subject to the provisions of paragraph 2 of article 20, pensions and other similar remuneration and annuities arising in a contracting state and paid to a resident of the other contracting state, shall be taxable only in the first-mentioned state.

2. The term 'annuity' means a stated sum payable periodically at stated times during life or during a specified or ascertainable period of time under an obligation to make the payments in return for adequate and full consideration in money or money's worth.

Article 20
Government Service

1. (a) Salaries, wages and other similar remuneration, other than a pension, paid by a contracting state or a political subdivision or a local authority or a statutory body thereof to an individual in respect of services rendered to that state or political subdivision or local authority or statutory body thereof shall be taxable only in that state.

   (b) However, such salaries, wages and similar remuneration shall be taxable only in the other contracting state if the services are rendered in that other state and the individual is a resident of that other state who:

   1. is a national of that other state, or

   2. did not become a resident of that other state solely for the purpose of rendering the services.

2. (a) Any pension paid by, or out of funds created by, a contracting state or a political subdivision or a local authority or a statutory body thereof to any individual in respect of services rendered to that state or political subdivision or local authority or statutory body shall be taxable only in that state.

   (b) However, such pension shall be taxable only in the other contracting state if the individual is a resident of, and a national of, that state.

3. The provisions of articles 16, 17, 18 and 19 shall apply to salaries, wages and other similar remuneration or pensions in respect of services rendered in connection with any business carried on by a contracting state or a political subdivision or a local authority or a statutory body thereof.

Article 21
Students and Trainees

An individual who is a resident of a contracting state immediately before making a visit to the other contracting state and is temporarily present in the other state solely:

1. as a student at a recognised university, college,school or other similar recognised educational institution in that other state;

2. as a business or technical apprentice; or

3. as a recipient of a grant, allowance or award for the primary purpose of study, research or training from the government of either state or from a scientific, educational, religious or charitable organisation or under a technical assistance programme entered into by the government of either state, shall be exempt from tax in that other state on:

   1. all remittances from abroad for the purposes of his maintenance, education, study, research or training; and

   2. the amount of such grant, allowance or award.

Article 22
Lecturers and Researchers

1. An individual who is immediately before visiting a contracting state a resident of the other contracting state and who, at the invitation of the government of the first-mentioned contracting state or of a public institution or organization therein, or under an official cooperation programme is present in that contracting state for a period not exceeding three consecutive years solely for the purpose of teaching, giving lectures or carrying out research at such institution or organization or under such programme shall be exempted from tax in that contracting state on his remuneration for such activity.

2. The provisions of paragraph 1 of this article shall not apply to income from research if such research is undertaken not in the public interest but primarily for the private benefit of a specific person or persons.

Article 23
Other Income

1. Items of income of a resident of a contracting state, wherever arising, not dealt with in the foregoing articles of this agreement shall be taxable in that state.

2. The provisions of paragraph 1 shall not apply to income, other than income from immovable property as defined in paragraph 2 of article 6, if the recipient of such income, being a resident of a contracting state, carries on business in the other contracting state through a permanent establishment situated therein, or performs in that other state independent personal services from a fixed base situated therein, and the right or property in respect of which the income is paid is effectively connected with such permanent establishment or fixed base. in such case the provisions of article 7 or article 15, as the case may be, shall apply.

3. Notwithstanding the provisions of paragraphs 1 and 2, items of income of a resident of a contracting state not dealt with in the foregoing articles of this agreement and arising in the other contracting state may also be taxed in that other state.

Article 24
Elimination of Double Taxation

1. The laws in force in either of the contracting states shall continue to govern the taxation of income in the respective contracting states. when income is subject to tax in both contracting states, and in accordance with this agreement, relief from double taxation shall be given in accordance with the following paragraphs of this article:

   1. in the case of the state of qatar, where a resident of the state of qatar derives income which is taxable in malaysia, the state of qatar shall allow as a deduction from the tax on income of that resident an amount equal to the tax paid in malaysia. such deduction shall not, however, exceed that part of the tax, as computed before the deduction is given, which is attributable to such income.

   2. in the case of malaysia, where a resident of malaysia derives income which is taxable in the state of qatar, malaysia shall allow as a credit from the tax on the income of that resident an amount equal to the tax paid in the state of qatar, whether directly or by deduction at source. such amount shall not, however, exceed that part of the tax as computed before the credit is given, which is attributable to such income.

2. For the purpose of paragraph 1, the tax paid in either contracting state shall be deemed to include the tax which would, under the laws of that state and in accordance with this agreement, have been paid on any income derived from sources in that state, had the income not been taxed at a reduced rate or exempted from tax in accordance with the provisions of the domestic laws for the promotion of economic development or promotion of investment which were in force on the date of signature of this agreement or any other provisions which may subsequently be introduced in that state in modification of, or in addition to those laws.

Article 25
Non-discrimination

1. Nationals of a contracting state shall not be subjected in the other contracting state to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which nationals of that other state in the same circumstances in particular with respect to residence, are or may be subjected.

2. The taxation on a permanent establishment which an enterprise of a contracting state has in the other contracting state shall not be less favourably levied in that other state than the taxation levied on enterprises of that other state carrying on the same activities. this provision shall not be construed as obliging a contracting state to grant to residents of the other contracting state any personal allowances, reliefs and reductions for tax purposes on account of civil status or family responsibilities which it grants to its own residents.

3. Enterprises of a contracting state, the capital of which is wholly or partly owned or controlled, directly or indirectly, by one or more residents of the other contracting state, shall not be subjected in the first-mentioned state to any taxation or any requirement connected therewith which is other or more burdensome than the taxation and connected requirements to which other similar enterprises of that first-mentioned state are or may be subjected.

4. Except where the provisions of paragraph 1 of article 9, paragraph 8 of article 11, paragraph 6 of article 12 or paragraph 6 of article 13 apply, interest, royalty, technical fees and other disbursements paid by an enterprise of a contracting state to a resident of the other contracting state shall, for the purpose of determining the taxable profits of such enterprise, be deductible under the same conditions as if they had been paid to a resident of the first- mentioned state.

5. The non taxation of qataris and nationals of other members of the gulf cooperation council (gcc) shall not be regarded as discrimination.

6. In this article, the term 'taxation' means taxes to which this agreement applies.

Article 26
Mutual Agreement Procedure

1. Where a resident of a contracting state considers that the actions of one or both of the contracting states result or will result for him in taxation not in accordance with the provisions of this agreement, he may, irrespective of the remedies provided by the domestic laws of those states, present his case to the competent authority of the state of which he is a resident or, if his case comes under paragraph 1 of article 25, to that of the contracting state of which he is a national. the case must be presented within two years from the first notification of the action resulting in taxation not in accordance with the provisions of this agreement.

2. The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at an appropriate solution, to resolve the case by mutual agreement with the competent authority of the other contracting state, with a view to the avoidance of taxation which is not in accordance with this agreement.

3. The competent authorities of the contracting states shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to the interpretation or application of this agreement. they may also consult together for the elimination of double taxation in cases not provided for in this agreement.

4. The competent authorities of the contracting states may communicate with each other directly for the purpose of reaching an agreement in the sense of the preceding paragraphs. the competent authorities, through consultations, shall develop appropriate bilateral procedures, conditions, methods, and techniques for the implementation of the mutual agreement procedure provided for in this article.

Article 27
Exchange of Information

1. The competent authorities of the contracting state shall exchange such information as is necessary for carrying out the provisions of this agreement or of the domestic laws of the contracting states concerning taxes covered by this agreement insofar as the taxation thereunder is not contrary to this agreement. the exchange of information is not restricted by article 1. any information received by a contracting state shall be treated as secret in the same manner as information obtained under the domestic laws of that state and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this agreement. such persons or authorities shall use the information only for such purposes. they may disclose the information in public court proceedings or in judicial decisions.

2. In no case shall the provisions of paragraph 1 be construed so as to impose on a contracting state the obligation:

   1. to carry out administrative measures at variance with the laws and the administrative practice of that or of the other contracting state;

   2. to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other contracting state;

   3. to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy (ordre public).

Article 28
Members of Diplomatic Missions and Consular Posts

Nothing in this agreement shall affect the fiscal privileges of members of diplomatic missions or consular posts under the general rules of international law or under the provisions of special agreements.

Article 29
Entry into Force

The contracting states shall notify each other, by exchange of notes through the diplomatic channel the completion of the procedures required by its domestic law for the bringing into force of this agreement. this agreement shall enter into force on the date of the later of the notification and shall have effect:

1. in the state of qatar: in respect of income derived during the taxable years beginning on or after the first day of january in the year following that in which this agreement enters into force.

2. in malaysia:

   1. in respect of malaysian tax, other than petroleum income tax, to tax chargeable for any year of assessment beginning on or after the first day of january in the calendar year following the year in which this agreement enters into force;

   2. in respect of petroleum income tax, to tax chargeable for any year of assessment beginning on or after the first day of january of the second calendar year following the year in which this agreement enters into force.

Article 30
Termination

This agreement shall remain in effect indefinitely, but either contracting state may terminate this agreement, through diplomatic channel, by giving to the other contracting state written notice of termination on or before june 30th in any calendar year after the period of five years from the date on which this agreement enters into force. in such an event this agreement shall thereupon cease to have effect:

1. in the state of qatar : in respect of income derived during the taxable years beginning on or after the first day of january in the year following that in which the notice of termination is given.

2. in malaysia:

   1. in respect of malaysian tax, other than petroleum income tax, to tax chargeable for any year of assessment beginning on or after the first day of january in the calendar year following the year in which the notice is given;

   2. in respect of petroleum income tax, to tax chargeable for any year of assessment beginning on or after the first day of january of the second calendar year following the year in which the notice is given.

in witness whereof the undersigned, duly authorised thereto, by their respective governments, have signed this agreement.

done in duplicate at putrajaya on 3rd july of 2008, each in arabic, malay and english language,'all texts being equally authentic.

in case of any divergence in the interpretation and the application of this agreement, the english text shall prevail.