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(1) Section 59 (3) does not apply to a dividend paid by a company that

(a) conducts petroleum operations or that has conducted petroleum operations; or

(b) is a partner in a partnership that conducts petroleum operations or that has conducted petroleum operations.

(2) A dividend paid in circumstances where subsection (1) applies is subject to withholding tax in accordance with the relevant provisions of this Act.

(3) Without prejudice to the provisions of a petroleum agreement, the gains or profit of an expatriate employee who is employed by a contractor or subcontractor who conducts petroleum operations exclusively, is liable to tax and withholding tax under this Act.

(4) Where under the terms of a contract, an amount is due to a subcontractor in respect of work or services for or in connection with a petroleum agreement, the person liable under that contract to make payment to the subcontractor shall withhold tax at the rates specified in the First Schedule and pay the amount of tax withheld to the Commissioner-General.

(5) A tax withheld under subsection (4) is, in the case of a non-resident person, a final tax.