S.L. 123.153 Art. 2Arrangements to have effect. [ THE THE GOV MACAO OF CHINA, DESIRING agreed as The through and covered by foreseeably the recovery tax matters. Agreement and The rights and of the requested or delay A requested its authorities jurisdiction. 1. The and description 2. This taxes imposed of the existing

It is hereby declared:

(a) that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of the Macao Special Administrative Region of the People’s Republic of China with a view to preventing fiscal evasion in relation to taxes of every kind and description imposed by the laws of the Macao Special Administrative Region of the People’s Republic of China;

(b) that it is expedient that those arrangements should have effect following the entry into force of the Agreement and in accordance with the relevant provisions of the Agreement;

(c) that the Agreement shall enter into force on such date as may be announced by notice in the Government Gazette.

*not yet in force. S.L.123.153 OF THE PEOPLE’S REPUBLIC OF CHINA)

SCHEDULE Article 2

AGREEMENT BETWEEN THE GOVERNMENT OF MALTA AND GOVERNMENT OF THE MACAO SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC OF CHINA CONCERNING THE EXCHANGE OF INFORMATION ON TAX MATTERS ERNMENT OF MALTA AND THE GOVERNMENT OF THE SPECIAL ADMINISTRATIVE REGION OF THE PEOPLE’S REPUBLIC

to facilitate the exchange of information with respect to taxes, have follows:

Article 1 Object and scope of the agreement competent authorities of the Contracting Parties shall provide assistance exchange of information that is foreseeably relevant to the administration enforcement of the internal laws of the Contracting Parties concerning taxes this Agreement. Such information shall include information that is relevant to the determination, assessment and collection of such taxes, and enforcement of tax claims, or the investigation or prosecution of Information shall be exchanged in accordance with the provisions of this shall be treated as confidential in the manner provided in Article 8. safeguards secured to persons by the laws or administrative practice Party remain applicable to the extent that they do not unduly prevent effective exchange of information. Article 2

Jurisdiction Party is not obligated to provide information which is neither held by nor in the possession or control of persons who are within its

Article 3 Taxes covered taxes which are the subject of this Agreement are taxes of every kind imposed in the Contracting Parties. Agreement shall also apply to any identical or any substantially similar after the date of signature of the Agreement in addition to or in place taxes. The competent authorities of the Contracting Parties shall other of any substantial changes to the taxation and related information measures covered by the Agreement. Article 4

Definitions purposes of this Agreement, unless otherwise defined:

a) the term "Contracting Party" means Macao or Malta requires; b) the term "Macao" means the Macao Special Administrative the People’s Republic of China; used in a geographical the peninsula of Macao and the islands of Taipa and Coloane; c) the term "Malta", when used in a geographical sense, means of Malta, the Island of Gozo and the other islands of archipelago including the territorial waters thereof, and any the territorial sea of Malta which, in accordance with international has been or may hereafter be designated, under the concerning the Continental Shelf, as an area within which Malta with respect to the seabed and sub-soil and their natural may be exercised; d) the term "competent authority" means:

(i) in Macao, the Chief Executive or his authorised and

(ii) in Malta, the Minister responsible for finance or representative; e) the term "person" includes an individual, a company and of persons; f) the term "company" means any body corporate or any treated as a body corporate for tax purposes; g) the term "publicly traded company" means any company principal class of shares is listed on a recognised stock provided its listed shares can be readily purchased or sold Shares can be purchased or sold "by the public" if the purchase of shares is not implicitly or explicitly restricted to a limited investors; h) the term "principal class of shares" means the class or classes representing a majority of the voting power and value of i) the term "recognised stock exchange" means any stock exchange upon by the competent authorities of the Contracting Parties; j) the term "collective investment fund or scheme" means investment vehicle, irrespective of legal form. The collective investment fund or scheme" means any collective fund or scheme provided the units, shares or other interests or scheme can be readily purchased, sold or redeemed Units, shares or other interests in the fund or scheme purchased, sold or redeemed "by the public" if the purchase, redemption is not implicitly or explicitly restricted to a limited investors; k) the term "tax" means any tax to which the Agreement applies; l) the term "applicant Party" means the Contracting Party information; m) the term "requested Party" means the Contracting Party provide information; n) the term "information gathering measures" means administrative or judicial procedures that enable a Contracting S.L.123.153 OF THE PEOPLE’S REPUBLIC OF CHINA)

obtain and provide the requested information; term "information" means any fact, statement or record in any form whatever. regards the application of this Agreement at any time by a Contracting not defined therein shall, unless the context otherwise requires, have that it has at that time under the law of that Party, any meaning under tax laws of that Party prevailing over a meaning given to the term laws of that Party. Article 5 Exchange of Information Upon Request competent authority of the requested Party shall provide upon request for the purposes referred to in Article 1. Such information shall be without regard to whether the conduct being investigated would crime under the laws of the requested Party if such conduct occurred in Party.

information in the possession of the competent authority of the Party is not sufficient to enable it to comply with the request for that Party shall use all relevant information gathering measures to applicant Party with the information requested, notwithstanding that the may not need such information for its own tax purposes.

specifically requested by the competent authority of an applicant Party, authority of the requested Party shall provide information under this extent allowable under its internal laws, in the form of depositions of authenticated copies of original records. Contracting Party shall ensure that its competent authorities for the specified in Article 1 of the Agreement, have the authority to obtain and request:

information held by banks, other financial institutions, and any person acting in an agency or fiduciary capacity including nominees and trustees; information regarding the ownership of companies, partnerships, trusts, foundations, "Anstalten" and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of trusts, information on settlors, trustees beneficiaries; and in the case of foundations, information on founders, members of the foundation council and beneficiaries. Further, this Agreement does not create an obligation on the Contracting Parties obtain or provide ownership information with respect to publicly traded companies or public collective investment funds or schemes unless such information can be obtained without giving rise to disproportionate difficulties. competent authority of the applicant Party shall provide the following the competent authority of the requested Party when making a request under the Agreement to demonstrate the foreseeable relevance of the the request: identity of the person under examination or investigation; period of time with respect to which the information is requested;

c) a statement of the information sought including its nature in which the applicant Party wishes to receive the information requested Party; d) the tax purpose for which the information is sought; e) the reasons for believing that the information requested relevant to the administration and enforcement of the applicant Party, with respect to the person identified in subparagraph of this paragraph; f) grounds for believing that the information requested requested Party or is in the possession or control of a person jurisdiction of the requested Party; g) to the extent known, the name and address of any person in possession of the requested information; h) a statement that the request is in conformity with administrative practices of the applicant Party, that if information was within the jurisdiction of the applicant competent authority of the applicant Party would be able information under the laws of the applicant Party or course of administrative practice and that it is in conformity Agreement; i) a statement that the applicant Party has pursued all means its own jurisdiction to obtain the information, except those give rise to disproportionate difficulties.