S.L. 123.127 Art. 7Rights and safeguards.

(1) On receipt of a valid request from a requesting authority, the competent authority in Malta shall notify the person (or his authorised representative) concerning whom the request is made, that a request for information concerning him has been received. The competent authority in Malta shall not effect such notification where -

(a) the requesting authority specifically requests that no such notification is made;

(b) the competent authority in Malta determines that the request is of a highly urgent nature and that notification could delay the forwarding of information requested; or

(c) the competent authority in Malta determines that such notification is reasonably expected to jeopardise the relevant investigation or audit being carried out in the relevant jurisdiction.

Any determination made by the competent authority in Malta under this sub-regulation shall not be questioned in any appeal.

(2) Notwithstanding any other provision in any law to the contrary, any person that complies with a request under these regulations shall not be treated as being in breach of any restriction upon the disclosure of information imposed by any law, contract or rules of professional conduct. Except as provided in regulation 6, no civil or criminal action shall be taken against any person that provides information in accordance with the provision of these regulations.