Article 38 — Prepaid Supplies of Telecommunications

1/ Subject to Sub-Article (2) of this Article, this Article shall apply to: a) a supply, by a telecommunications service supplier, of a prepaid telecommunications product, or [ b) a supply by a person who acts as a distributor, agent, or telecommunications intermediary in relation to the supply of a prepaid telecommunications product. 2/ Sub-Article (1) of this Article shall not apply to a supply by one telecommunications service supplier to another telecommunications service supplier and such a supply is subject to the normal operation of this Proclamation. 3/ If a telecommunications service supplier supplies a prepaid telecommunications product to a telecommunications intermediary at a discount from the intended retail price, the consideration for the supply shall be calculated as if the intermediary had paid the intended retail price. 4/ If a telecommunications intermediary purchases and on-sells a prepaid telecommunications product: a) the acquisition by the intermediary shall be treated as if it were not an acquisition, and b) the supply by the intermediary shall be treated as if it were not a supply. 5/ Where a telecommunications service supplier supplies a prepaid telecommunications product through a telecommunications intermediary acting as agent for the telecommunications supplier, the consideration for the supply shall not be reduced by the commission paid to the intermediary.