S.L. 123.154 ст. 2Arragements to have effect. FOR THE The Islands agreed as The through and covered by foreseeably the recovery tax matters. Agreement and The rights and of the or delay A requested its authorities territorial 1. This Contracting 2. This of signature Agreement of signature competent modified by of let

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

(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*.

*see Legal Notice 132 of 2014. SCHEDULE

(Article 2) AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF MALTA AND THE GOVERNMENT OF THE CAYMAN ISLANDS EXCHANGE OF INFORMATION RELATING TO TAX MATTERS Government of the Republic of Malta and the Government of the Cayman desiring 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 domestic 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 requested 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 jurisdiction.

Article 3 Taxes Covered Agreement shall apply to taxes of every kind and description in the Parties. Agreement shall also apply to any identical taxes imposed after the date of the Agreement in addition to or in place of the existing taxes. This shall also apply to any substantially similar taxes imposed after the date of the Agreement in addition to or in place of the existing taxes if the authorities so agree. Furthermore, the taxes covered may be expanded or mutual agreement of the Contracting Parties in the form of an exchange competent authorities of the Contracting Parties shall notify each substantial changes to the taxation and related information gathering covered by the Agreement. Article 4 Definitions purposes of this Agreement, unless otherwise defined: the term "the Cayman Islands" means the territory of the Cayman Islands and includes the territorial sea, areas within the maritime boundaries of the Cayman Islands and any area within accordance with international law the rights of the Cayman respect to the seabed and sub-soil and their natural resources exercised;

(b) the term "Malta" means the Republic of Malta and, when geographical sense, the Island of Malta, the Island of other islands of the Maltese archipelago including the territorial thereof, as well as any area of the sea-bed, its sub-soil superjacent water column adjacent to the territorial waters, Malta exercises sovereign rights, jurisdiction, or control with international law and its national law, including relating to the exploration of the continental shelf and exploitation natural resources;

(c) the term "applicant Party" means the Contracting Party 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 the Cayman Islands: the Tax Information or a person or its authorized representative;

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

(f) the term "Contracting Party" means the Cayman Islands context requires;

(g) the term "criminal laws" means all criminal laws designated under domestic law irrespective of whether contained in 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 classes representing a majority of the voting power and value of

(m) 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;

(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 scheme can be readily purchased, sold or redeemed by the public. Units, shares or other interests in the fund or scheme can be readily purchased, sold or redeemed "by the public" if the purchase, sale or redemption is not implicitly or explicitly restricted to a limited group of investors; the term "recognised stock exchange" means any stock exchange agreed upon by the competent authorities of the Contracting Parties; the term "requested Party" means the Contracting Party requested to provide information; the 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 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 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 and 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.