S.L. 123.14 Art. 3so as to the laws and State; laws or in the other Contracting trade, business, process, or to public policy information for sentence is limitations be information 5. In no Contracting State held by a bank, fiduciary (1) Nothing diplomatic or of members general rules of (2) of a diplomatic situated i

In no case shall the provisions of paragraphs 1 and 2 be construed impose on a Contracting State the obligation:

a) to carry out administrative measures at variance with administrative practice of that or the other Contracting b) to supply information which is not obtainable under the normal course of the administration of that or of the State; c) to supply information which would disclose any industrial, commercial or professional secret or trade information the disclosure of which would be contrary

*as substituted by Protocol reproduced in Legal Notice 329 of 2010. its own tax purposes. The obligation contained in the preceding subject to the limitations of paragraph 3 but in no case shall such construed to permit a Contracting State to decline to supply solely because it has no domestic interest in such information.

case shall the provisions of paragraph 3 be construed to permit a to decline to supply information solely because the information is other financial institution, nominee or person acting in an agency or capacity or because it relates to ownership interests in a person.

ARTICLE 28

Diplomatic and Consular Officials in this Agreement shall affect the fiscal privileges of members of missions and their personal domestics, of members of consular missions, of permanent missions to international organisations under the international law or under the provisions of special agreements.

Notwithstanding the provisions of Article 4, an individual who is a member or consular or permanent mission of a Contracting State which is other Contracting State or in a third State shall be deemed for the Agreement to be a resident of the sending State if -accordance with international law, he is not taxable in the receiving on income from sources outside that State; and is liable in the sending State to the same obligations in relation to tax his total world income as are residents of that sending State.

Agreement shall not apply to international organisations, to organs and and to persons who are members of a diplomatic or consular or mission of a third State, being preset in a Contracting State and not Contracting State as residents in respect of taxes on income and

ARTICLE 29

Territorial Extension Agreement may be extended, either in its entirety or with any necessary the overseas territories of the French Republic which imposes taxes similar in character to those to which the Agreement applies. Any such take effect from such date and subject to such modifications and including conditions as to termination, as may be specified and agreed Contracting States in notes to be exchanged through diplomatic any other manner in accordance with their constitutional procedures. otherwise agreed by both Contracting States, the termination of the one of them under Article 31 shall also terminate, in the manner that Article, the application of the Agreement to any territory to extended under this Article. Entry into Force

(1) Each Contracting State shall notify to the other the completion procedure required by its law for the bringing into force of this Agreement shall enter into force on the first day of the second month month in which the later of these notifications has been given.

(2) Its provisions shall apply for the first time -

(a) as regards taxes withheld at source, to amounts payable date of entry into force of this Agreement;

(b) as regards other taxes on income, to income derived during year in which the Agreement entered into force, or accounting period ending during this year.

ARTICLE 31

Termination

(1) This Agreement shall remain in force indefinitely. However, each Contracting State may terminate the Agreement by giving at written notice through diplomatic channels.

(2) In such an event, its provisions shall apply for the last time

(a) as regards taxes withheld at source, the sums payable 31st December of the calendar year during which the been notified;

(b) as regards other taxes on income, to income derived during year during which the termination has been notified accounting period ending during such year.

IN WITNESS WHEREOF the undersigned, duly authorised thereto, this Agreement. DONE at Valletta this twenty fifth day of July 1977, in duplicate, and English languages, both texts being equally authentic.

For the Government of the For the Government French Republic Republic of Malta SERGE GELADE JOSEPH ABELA and the Prevention of Fiscal Evasion with respect to Taxes on undersigned have agreed upon the following provisions. respect of Article 5, an insurance enterprise of a Contracting State shall have a permanent establishment in the other Contracting State if it premiums and insures risks therein. respect of paragraphs (1) and (2) of Article 7, where an enterprise of a State sells goods or merchandise or carries on business in the other through a permanent establishment situated therein, the profits of establishment are not determined on the basis of the total amount enterprise, but are determined only on the basis of the remuneration attributable to the actual activity of the permanent establishment for such business. In the case of contracts for the survey, supply, installation or industrial, commercial or scientific equipment or premises, or of when the enterprise has a permanent establishment the profits of such establishment are not determined on the basis of the total amount of the determined only on the basis of that part of the contract which is carried out by the permanent establishment in the Contracting State permanent establishment is situated. The profits related to that part of the is carried out by the head office of the enterprise shall be taxable only Contracting State of which the enterprise is a resident.

respect of paragraph (1) of Article 7, payments of any kind received as a the use of, or the right to use, industrial, commercial or scientific be deemed to be profits of an enterprise to which the provisions of Similarly, payments received as a consideration for studies or scientific, geological or technical nature, or for consultant or services shall be deemed to be payments to which the provisions of respect of Article 8: where profits derived from the operation of a ship in international traffic by an enterprise whose place of effective management is situated Malta are exempt from tax under the provisions of article 86 of the Merchant Shipping Act, or under any identical or similar provisions, profits may be taxed in France unless it is proved to the satisfaction of the competent authority of France that not more than 25 cent of the capital of the company owning the relative ship is controlled, directly or indirectly, by persons not residents of Malta; where a person who is a resident of France participates directly or indirectly in the management, control or capital of such an enterprise, person shall be taxable in France in respect of that part of the profits, derived by such enterprise and exempt from tax in Malta as aforesaid, which is appropriate to the participating of such person in the enterprise.

respect of Articles 11 and 12, where any interest or royalties derived from received by a resident of France, tax in Malta is charged on the amount of royalties as reduced by all expenses properly attributable thereto. If

Protocol reproduced in Legal Notice 329 of 2010.

(a) Nothing in paragraph (1) shall be construed as preventing granting only to persons possessing French nationality the benefit of the gains derived from the alienation of immovable property immovable property constituting the residence in France of French not residents of France, as provided in Article 6 - 11 of the law no. 76.660 1976; and

(b) Nothing in paragraph (3) shall be construed as preventing applying the provision of Article 212 of the "Code General des Impots" interest paid by a French Company to a foreign mother Company.

VII Where, under any provision of the Agreement, income or wholly or partly relieved from tax in a State and, under the laws in State, an individual, in respect of the said income or gains, is reference to the amount thereof which is remitted to or received in and not by reference to the full amount thereof, then the relief to this Agreement in the first-mentioned State shall apply only to income or gains as is remitted to or received in that other State. VIII. (a) The provisions of the Agreement and of this Protocol provisions of this paragraph - shall not apply to persons entitled to benefit under:

(i) a law of either one of the Contracting States which has in an exchange of letters between the Contracting States;

(ii) any substantially similar law subsequently enacted.

(b) Without prejudice to the provisions of sub-paragraph (a), the Agreement and of this Protocol - other than the provisions of shall not apply to:

(i) dividends paid by persons referred to in sub-paragraph

(ii) other items of income derived from persons referred to

(a) by associated enterprises as defined in sub-paragraph Article 9; and

(iii) shares or rights in persons referred to in sub-paragraph

IN WITNESS WHEREOF the undersigned have signed the present shall have the same force and validity as if it were inserted word Agreement.

DONE at Valletta this twenty fifth day of July 1977, in duplicate, and English languages, both texts being equally authentic.

For the Government of the For the Government French Republic Republic of Malta SERGE GELADE JOSEPH ABELA THE GOVERNMENT OF MALTA AND THE GOVERNMENT OF THE FRENCH REPUBLIC FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL SIGNED VALLETTA ON 25TH JULY 1977 AND AMENDED BY THE PROTOCOL SIGNED IN VALLETTA ON 8TH JULY 1994 AND EXCHANGE OF LETTERS OF 8TH JULY 1994 Government of Malta

Government of the French Republic, amend the Agreement between the Government of the Republic of Government of the French Republic for the Avoidance of Double Prevention of Fiscal Evasion with respect to Taxes on Income and signed on 25th July 1977 and amended on 8th July 1994 (hereinafter "the Agreement"), follows: Article 1

Agreement is amended as follows: subparagraph 3 a) iv) worded "the tax on salaries ("la taxe sur les added. subparagraph 3 a) v) worded as follows is added: widespread social security contributions (contributions sociales généralisées) and contributions for the reimbursement of the social debt (contributions pour le remboursement de la dette sociale);". subparagraph 3 b), the words “and surtax including prepayments of tax deduction at source or otherwise” are deleted. Article 2 the Agreement is amended as follows:

subparagraph 2 a) is deleted and replaced by the following

Where the dividends are paid by a company resident of France to a resident of Malta who is the beneficial owner thereof, the French tax so charged shall not exceed 15 per cent of the gross amount of the dividends. However, dividends paid by a company which is a resident of France and beneficially owned by a company which is a resident of Malta which holds directly at least 10 per cent of the capital of the company paying the dividends shall be taxable only in Malta.".

paragraph 3, the words "income from other corporate rights which is same taxation treatment as income from shares by the taxation law which the company making the distribution is a resident" are deleted the words "sub-paragraph (a)".