S.L. 123.145 ст. 2Arragements to have effect. FOR THE The the exchange of The through and enforcement covered by this foreseeably the recovery and tax matters. Agreement and The rights and of the requested or delay effective A requested its authorities territorial 1. The taxes (a) In - (b) In - 2. This of signature o

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 Bermuda with a view to preventing fiscal evasion in relation to taxes of every kind and description imposed by the laws of Bermuda;

(b) that it is expedient that those arrangements should have effect;

(c) that the Agreement has entered into force on 5th November 2012. THE GOVERNMENT OF MALTA AND THE GOVERNMENT OF BERMUDA EXCHANGE OF INFORMATION RELATING TO TAX MATTERS Government of Malta and the Government of Bermuda, desiring to facilitate information with respect to taxes have agreed as 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 of the domestic laws of the Contracting Parties concerning taxes Agreement. Such information shall include information that is relevant to the determination, assessment and collection of such taxes, 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 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 jurisdiction. Article 3 Taxes Covered which are the subject of this Agreement are: the case of Malta: the income tax; the case of Bermuda: direct taxes of every kind and description. Agreement shall also apply to any identical taxes imposed after the date the Agreement in addition to or in place of the existing taxes. This also apply to any substantially similar taxes imposed after the date the Agreement in addition to or in place of the existing taxes if the authorities’ Parties so agree. Furthermore, the taxes covered may be modified by mutual agreement of the Contracting Parties in the form of letters. The competent authorities of the Contracting Parties shall 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: superjacent water column adjacent to the territorial Malta exercises sovereign rights, jurisdiction, or control with international law and its national law, including relating to the exploration of the continental shelf and natural resources;

(b) the term "Bermuda" means the islands of Bermuda;

(c) the term "applicant Party" means the Contracting information;

(d) the term "company" means any body corporate or any treated as a body corporate for tax purposes;

(e) the term "competent authority" means:

(i) in the case of Malta: the Minister responsible for authorised representative;

(ii) in the case of Bermuda, the Minister of Finance representative;

(f) the term "Contracting Party" means Malta or Bermuda requires;

(g) the term "criminal laws" means all criminal laws designated under domestic law irrespective of whether contained the criminal code or other statutes;

(h) the term "criminal tax matters" means tax matters involving conduct which is liable to prosecution under the criminal applicant Party;

(i) the term "information gathering measures" means administrative or judicial procedures that enable a Contracting obtain and provide the information requested;

(j) the term "information" means any fact, statement or record whatever;

(k) the term "person" includes an individual, a company and of persons;

(l) the term "principal class of shares" means the class or representing a majority of the voting power and value

(m) the term "publicly traded company" means any principal class of shares is listed on a recognised provided its listed shares can be readily purchased or sold Shares can be purchased or sold "by the public" if the of shares is not implicitly or explicitly restricted to a investors;

(n) 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 term "requested Party" means the Contracting Party requested to provide information; term "tax" means any tax to which this Agreement applies. regards the application of this Agreement at any time by a Contracting not defined therein shall, unless the context otherwise requires, have 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 of that Party. Article 5

Exchange of Information Upon Request competent authority of the requested Party shall provide upon request 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 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 the applicant Party, authority of the requested Party shall provide information under this extent allowable under its domestic 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, 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 requested Party;

(c) the tax purpose for which the information is sought;

(d) grounds for believing that the information requested requested Party or is in the possession or control of a jurisdiction of the requested Party;

(e) to the extent known, the name and address of any person in possession of the requested information;

(f) a statement that the request is in conformity with administrative practices of the applicant Party, that 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 course of administrative practice and that it is in conformity Agreement;

(g) a statement that the applicant Party has pursued all means its own territory to obtain the information, except those rise to disproportionate difficulties.