5. pants

With reference to Articles 10 and 11

Notwithstanding the provisions of these Articles, dividends

and interest may be taxed in the Contracting State in which

they arise, and according to the law of that State,

a) if they are derived from rights or debt claims carrying a

right to participate in profits (including income derived by a

sleeping partner from his participation as such, from a

"partiarisches Darlehen" and from "Gewinnobligationen" within

the meaning of the tax law of the Federal Republic of Germany)

and

b) under the condition that they are deductible in the

determination of profits of the debtor of such income.