S.L. 123.150 Art. 2Arragements to have effect. Text amended Administrative Preamble The Organisation this Considering goods and possibilities operation Welcoming tax evasion on Considering foster all forms whilst at the facilitating the secure his Considering and recognised as to protect the against Convinced having r

It is hereby declared:

(a) that it is expedient that the arrangements specified in the Convention set out in the Schedule to this Order (hereinafter referred to as "the Convention") made with a view to preventing tax avoidance and tax evasion should have effect in Malta;

(b) that the Convention has been ratified by Malta on 23 May 2013;

(c) that the Convention shall enter into force in Malta in accordance with the relevant provisions of Article 28 of the Convention;

(d) that the date of entry into force of the Convention in * Malta shall be announced by notice in the Gazette.

*the Agreement came into force on 1st September, 2013 - see L.N. 282 of 2013. SCHEDULE (Article 2)

CONVENTION ON MUTUAL ADMINISTRATIVE ASSISTANCE IN TAX MATTERS

by the provisions of the Protocol amending the Convention on Mutual Assistance in Tax Matters, which entered into force on 1st June 2011

member States of the Council of Europe and the member countries of the for Economic Co-operation and Development (OECD), signatories of Convention, that the development of international movement of persons, capital, services - although highly beneficial in itself - has increased the of tax avoidance and evasion and therefore requires increasing co-among tax authorities; the various efforts made in recent years to combat tax avoidance and an international level, whether bilaterally or multilaterally; that a co-ordinated effort between States is necessary in order to of administrative assistance in matters concerning taxes of any kind same time ensuring adequate protection of the rights of taxpayers;

Recognising that international co-operation can play an important part in proper determination of tax liabilities and in helping the taxpayer to rights; that fundamental principles entitling every person to have his rights obligations determined in accordance with a proper legal procedure should be applying to tax matters in all States and that States should endeavour legitimate interests of taxpayers, including appropriate protection discrimination and double taxation; therefore that States should carry out measures or supply information, to the necessity of protecting the confidentiality of information, and of international instruments for the protection of privacy and flows of that a new co-operative environment has emerged and that it is a multilateral instrument is made available to allow the widest number obtain the benefits of the new co-operative environment and at the same implement the highest international standards of co-operation in the tax field; conclude a convention on mutual administrative assistance in tax as follows: - Scope of the Convention

Object of the Convention and persons covered Parties shall, subject to the provisions of Chapter IV, provide assistance to each other in tax matters. Such assistance may involve, appropriate, measures taken by judicial bodies.

administrative assistance shall comprise: exchange of information, including simultaneous tax examinations and participation in tax examinations abroad; b assistance in recovery, including measures of conservancy; c service of documents.