4.9 Norway and Australia share expertise in various industrial sectors, including oil and gas, mining, chemicals, marine and shipping. This indicates an open market for Australian technology and know-how in these sectors. There are a number of large Norwegian companies that have direct investments in Australia. These include the Kvaerner group (oil and gas), Norsk Hydro (fertiliser/aluminium) and Dyno Wesfarmers (explosives). In March 2005, Norwegian major investor Yara International ASA agreed to acquire 30% of the world`s largest ammonia plant (under construction) in the Burrup Peninsula, Western Australia, owned by Burrup Holdings Pty Ltd. The investment is estimated at 100 million $A. In 2002, Yara entered into a long-term agreement with Burrup to market and sell 100% of the new plant`s production. In Norway, Australia`s direct investment is mainly concentrated in the mining industry. 2.104 In negotiations on the Norwegian agreement, negotiators reached the following agreement: 2.231 The term „in the same circumstances“ refers to persons who find themselves in a substantially similar situation under the application of general tax laws and regulations. 1.123 The inclusion in the definition of „other amounts subject to the same tax treatment as a distribution or dividend“ is consistent with France`s reservation in Article 10 (dividends) of the OECD model, which extends the definition to all income subject to the tax treatment of distributions. This may include certain interest payments that are treated as distributions under national law and are therefore subject to the dividend section instead of the interest section. This part of the definition also includes in the product definition holdings defined in accordance with Australian debt equitation rules. [Article 10, paragraph 3] 2.308 In accordance with the practice of the Treaty in Norway, paragraph 2 ensures that a double non-taxation is not created when income is not taxable in the country in which the diplomat or consular official is seconded because of tax privileges granted to diplomats and consular officials under general rules of international law or under international agreements.

In these circumstances, paragraph 2 provides that the country whose representative is the diplomat or consular official has the right to tax those revenues. [Article 28, paragraph 2] The countries with which France has double taxation agreements (DBA) are listed below: Most tax treaties contain a „Tiebreaker“ test in which a dual resident is exclusively established in one of the two legal orders for tax purposes. 2.261 The submission of a case by a person to a competent authority must take place within three years of the first notification of the measure, which, in the opinion of the subject, does not result in taxation in accordance with the Norwegian Convention.