- 63 - The Arabic version of Article IV(f)(6) added the word "minha" after the word "deduct" (which appears as "takhssim"). The parties do not see eye to eye on the English translation of the Arabic version. Petitioner contends that the correct translation of the Arabic version of Article IV(f)(6) is: In calculating its A.R.E. income taxes, EGPC shall be entitled to deduct therefrom all royalties paid by EGPC to the GOVERNMENT and AMOCO [Egypt]'s Egyptian Income Taxes paid by EGPC on AMOCO [Egypt]'s behalf. Respondent contends the correct translation is: When EGPC undertakes to calculate income taxes imposed on EGPC in the A.R.E., EGPC is entitled to subtract therefrom (or, to credit against them) all of the royalties EGPC has paid to the government and Amoco [Egypt]'s Egyptian income taxes which EGPC has paid on behalf of Amoco [Egypt]. Respondent concedes that the phrase in parentheses, "or, to credit against them", is not in the original. The two relevant differences between the translations are: (1) Whether the Arabic word "takhssim" means "deduct" or "subtract"; and (2) the meaning to be attributed to the inclusion of the Arabic word "minha", meaning "therefrom", following "takhssim". Regarding the first difference, petitioner's expert argues that "takhssim" translates only to "deduct" and that the Arabic word for "subtract" is "yatrah", which is not present. Respondent's expert argues that "takhssim" is a general term meaning "subtract", which needs direction by a prepositional phrase regarding from where to subtract. We think that this is aPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
Last modified: May 25, 2011