AGREEMENT BETWEEN THE GOVERNMENT OF THE KYRGYZ REPUBLIC AND GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA

of June 24, 2002

About avoidance of double taxation and prevention of tax avoidance on the income

Government of the Kyrgyz Republic and Government of People's Republic of China,

wishing to sign the Agreement on avoidance of double taxation and prevention of tax avoidance on the income,

agreed as follows:

Article 1. Persons to whom the Agreement is applied

This agreement is applied to persons who are residents of one or both Contracting States.

Article 2. Taxes to which the Agreement extends

1. This agreement is applied to the taxes on the income levied on behalf of the Contracting state or its administrative divisions, or its regional authorities irrespective of method of their collection.

2. All taxes levied from total of income or from separate elements of the income including taxes on the income from alienation of personal and real estate, taxes levied from salary fund of the work paid by the companies and also the taxes levied from the income from capital gain are considered as taxes on the income.

3. The existing taxes to which this agreement extends are in particular:

a) in the Kyrgyz Republic:

1) income tax and income of legal entities;

2) the income tax from physical persons;

(further referred to as "tax of the Kyrgyz side").

b) in China:

1) the income tax from physical persons;

2) the income tax from the companies with foreign investments and overseas enterprises;

(further referred to as "the Chinese tax").

4. This agreement is also applied to any identical or in essence to similar taxes which will be levied after signature date of this agreement in amendment or instead of the existing taxes. Competent authorities of Contracting States shall notify each other on any essential changes which will be made to their corresponding tax legislations.

Article 3. General determinations

1. For the purpose of this agreement if other does not follow from context:

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