S.L. 123.156 Art. 9under of the written the foregoing, if the Malta safeguards and additional time has such exchange of the written Competent 10. This Agreement is that date. 1. Malta withholding complies with to such Institution: a) b) for for c) d) to a act e) in of, of respect to subject to such of Article 5 of

The obligations of the Parties to obtain and exchange information Article 2 of this Agreement shall take effect on the date of the later notifications described in paragraph 8 of this Article. Notwithstanding Competent Authority is satisfied that the United States has the infrastructure described in paragraph 8 of this Article in place, but is necessary for the U.S. Competent Authority to establish that Malta safeguards and infrastructure in place, the obligation of Malta to obtain and information under Article 2 of this Agreement shall take effect on the date notification provided by the Malta Competent Authority to the U.S. Authority pursuant to paragraph 8 of this Article.

Agreement shall terminate on September 30, 2015, if Article 2 of this not in effect for either Party pursuant to paragraph 9 of this Article by

ARTICLE 4

Application of FATCA to Malta Financial Institutions Treatment of Reporting Malta Financial Institutions. Each Reporting Financial Institution shall be treated as complying with, and not subject to under, section 1471 of the U.S. Internal Revenue Code if Malta its obligations under Articles 2 and 3 of this Agreement with respect Reporting Malta Financial Institution, and the Reporting Malta Financial identifies U.S. Reportable Accounts and reports annually to the Malta Commissioner for Revenue the information required to be reported in subparagraph 2(a) of Article 2 of this Agreement in the time and manner described in Article 3 of this Agreement; each of 2015 and 2016, reports annually to the Malta Commissioner Revenue the name of each Nonparticipating Financial Institution to which it has made payments and the aggregate amount of such payments; complies with the applicable registration requirements on the IRS FATCA registration website; the extent that a Reporting Malta Financial Institution is (i) acting as qualified intermediary (for purposes of section 1441 of the U.S. Internal Revenue Code) that has elected to assume primary withholding responsibility under chapter 3 of subtitle A of the U.S. Internal Revenue Code, (ii) a foreign partnership that has elected to act as a withholding foreign partnership (for purposes of both sections 1441 and 1471 of the U.S. Internal Revenue Code), or (iii) a foreign trust that has elected to as a withholding foreign trust (for purposes of both sections 1441 and 1471 of the U.S. Internal Revenue Code), withholds 30 percent of any U.S. Source Withholdable Payment to any Nonparticipating Financial Institution; and the case of a Reporting Malta Financial Institution that is not described in subparagraph 1(d) of this Article and that makes a payment or acts as an intermediary with respect to, a U.S. Source Withholdable Payment to any Nonparticipating Financial Institution, the Reporting Malta Financial Institution provides to any immediate payor such U.S. Source Withholdable Payment the information required for withholding and reporting to occur with respect to such payment. Notwithstanding the foregoing, a Reporting Malta Financial Institution with which the conditions of this paragraph 1 are not satisfied shall not be withholding under section 1471 of the U.S. Internal Revenue Code unless Reporting Malta Financial Institution is treated by the IRS as a Nonparticipating Financial Institution pursuant to subparagraph 2(b) this Agreement.