S.L. 460.8 Art. 6Assistance for exchange of information.

(1) A request for information by an applicant authority to a requested authority shall be made in the standard form provided under the First Schedule.

(2) Upon receipt of a request for information from an applicant authority, the requested authority shall, without prejudice to the provisions of (3), supply to the applicant authority information which is forseeably relevant to the recovery of the claim under this Order, including, where necessary, carrying out administrative enquiries to obtain such information.

(3) The following types of information may be refused to be supplied by the requested authority:

(a) information which cannot be obtained by the requested authority for the purpose of recovering similar claims arising in Malta;

(b) information which would disclose a commercial, industrial or professional secret;

(c) information the disclosure of which would prejudice the security or be contrary to the public policy of Malta:

Provided that information held by a banking or other financial institution, a nominee, a person acting in an agency or fiduciary capacity, or information which relates to an ownership interest in a person, unless it may be refused by the requested authority under paragraphs (a) to (c), shall not to be considered privileged information and therefore shall be disclosed.

(4) When the requested authority has reason to refuse a request for information, it shall inform the applicant authority of the grounds of refusal without delay.