- 65 - law, Article IV(f)(6) provides a credit of Amoco Egypt's taxes against EGPC's taxes rather than a deduction from income. We are not persuaded that the gender analysis is as compelling as respondent seeks to have us conclude. We think the juxtaposition of the word "minha" in Article IV(f)(6) does not require that it be attributed to the word "takhssim" (taxes) but that there at least is a question as to the determination of from what the deduction of taxes should be taken. In this connection, we think it relevant that respondent's expert testified, with respect to the new 1993 agreement, that the omission of the word "minha" did not change the meaning of the tax provision, and that even without the word, EGPC would be entitled to a credit. In effect, this line of reasoning makes the presence of the term "minha" irrelevant, so that the English and Arabic versions are virtually identical. Such analysis undermines and is in direct conflict with the evidence that, in 1993, Amoco Egypt, EGPC, and the ARE intended to remove any doubt that EGPC get a deduction. It is clear that, given the awareness of the problem and the stakes involved, careful attention was paid in 1993 to ensuring that there was no question that EGPC was not granted a right to a credit. Indeed, this phase of testimony of respondent's expert tends to weaken the impact of his advocacy of the significance of the word "minha" in the 1975 MCA involved herein. In short, we are satisfied that the mandate of the Arabic version of Article IV(f)(6) is not so clear as to preclude usPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
Last modified: May 25, 2011