EXCHANGE OF INFORMATION (TAX MATTERS) (BERMUDA) [ S.L.123.145 SUBSIDIARY LEGISLATION 123.145 EXCHANGE OF INFORMATION (TAX MATTERS) (BERMUDA) ORDER 8th March, 2013 LEGAL NOTICE 120 of 2013. 1. The titl

Article 1

of the Agreement it is mutually decided that the phrase "foreseeably relevant" and "foreseeable relevance" has the meaning referred to in paragraph numbered 4 of the OECD 2002 Commentary to Article 1 of the 2002 OECD Model TIEA and this meaning applies to the phrase "foreseeably relevant" and "foreseeable relevance" wherever it is used in the Agreement. 3.

Article 3

of the Agreement information exchanged shall not be used for the purposes of taxes other than those covered by Article

2. By entering into this Agreement, Bermuda will be exempt from legislation with regard to prohibitive measures imposed upon jurisdictions which do not have Exchange of Information mechanisms in place or are low- or no- income tax jurisdictions. 5.

Article 5

of the Agreement it is mutually decided that while the competent authorities acknowledge that legal requirements, consistent with such international standards as may be relevant and, in particular, such standards in relation to financial services, in the jurisdiction of the requested Party may not require certain records to be kept for longer than a specified period, the competent authorities will, nevertheless, use all relevant information-gathering measures to provide any information requested, when that information is, in fact, kept. 6. By entering into the Agreement, Bermuda is not considered to be engaging in any harmful tax practices and is not considered to be a tax haven. Joseph Zammmit Tabona FOR THE GOVERNMENT OF MALTA Paula Cox FOR THE GOVERNMENT OF OF BERMUDA Date: 24 November 2011 Date: 24 November 2011