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EPT Disclosure

14th Nov 2008 11:39

FORM 38.5(b)

DEALINGS BY CONNECTED EXEMPT PRINCIPAL TRADERS

WITHOUT RECOGNISED INTERMEDIARY STATUS, OR WITH RI STATUS

BUT NOT DEALING IN A CLIENT-SERVING CAPACITY

(Rule 38.5(b) of the Takeover Code)

1. KEY INFORMATION

Name of exempt principal trader ABN AMRO BANK N.V. London Branch (Subsidiary of RFS Holding N.V.)
Company dealt in BHP Billiton Plc
Class of relevant security to which the dealings being disclosed relate (Note 1) ORD 0.50 USD
Date of dealing 13 November 2008

2. INTERESTS, SHORT POSITIONS AND RIGHTS TO SUBSCRIBE

(a) Interests and short positions (following dealing) in the class of relevant security dealt in (Note 2)

Long Short

Number (%) Number (%)
(1) Relevant securities 3,060,965 0.1387% 39,334 0.0018%
(2) Derivatives (other than options) 0 0% 79,458 0.0036%
(3) Options and agreements to purchase/sell 200,000 0.0091% 1,000 0.0000%
Total 3,260,965 0.1478% 119,792 0.0054%

(b) Interests and short positions in relevant securities of the company, other than the class dealt in (Note 2)

Class of relevant security: Long Short

Number (%) Number (%)
(1) Relevant securities 0 0% 0 0%
(2) Derivatives (other than options) 0 0% 0 0%
(3) Options and agreements to purchase/sell 0 0% 0 0%
Total 0 0% 0 0%

(c) Rights to subscribe (Note 2)

Class of relevant security: Details

3. DEALINGS (Note 3)

(a) Purchases and sales

Purchase/sale Number of securities Price per unit (Note 4)
Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

Purchase

TOTAL

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

Sale

TOTAL

2,000

7,520

2,011

976

989

5,000

1,021

998

8,697

931

996

3,556

6,916

904

3,384

1,023

901

7,900

900

2,354

1,013

1,141

1,148

1,275

5,201

2,000

4,706

400

2,667

5,200

22,365

2,044

51,047

1,250

3,786

1,149

2,393

1,248

1,235

2,369

20,000

1,241

193,855

2,000

5,500

600

4,893

3,007

5,000

61,264

217

8,585

700

698

5,200

63,214

20,000

579

5,000

2,710

2,290

191,457

9.0000 GBP

9.0300 GBP

9.0350 GBP

9.0450 GBP

9.0500 GBP

9.0600 GBP

9.0650 GBP

9.0700 GBP

9.1050 GBP

9.1200 GBP

9.1250 GBP

9.1400 GBP

9.1500 GBP

9.1550 GBP

9.1600 GBP

9.1650 GBP

9.1700 GBP

9.1719 GBP

9.1800 GBP

9.1850 GBP

9.1900 GBP

9.1950 GBP

9.2050 GBP

9.2100 GBP

9.2150 GBP

9.2200 GBP

9.2250 GBP

9.2300 GBP

9.2350 GBP

9.2400 GBP

9.2500 GBP

9.2550 GBP

9.2650 GBP

9.2700 GBP

9.2750 GBP

9.2850 GBP

9.2900 GBP

9.3100 GBP

9.3150 GBP

9.3200 GBP

9.3650 GBP

9.4150 GBP

9.0000 GBP

9.1314 GBP

9.1400 GBP

9.1700 GBP

9.1750 GBP

9.1900 GBP

9.2012 GBP

9.2100 GBP

9.2150 GBP

9.2200 GBP

9.2250 GBP

9.2400 GBP

9.2650 GBP

9.2750 GBP

9.2800 GBP

9.3100 GBP

9.3200 GBP

9.3250 GBP

(b) Derivatives transactions (other than options)

Product name,

e.g. CFD

Jun 2009 Call Warrant

Long/short (Note 5)

Short

Number of securities (Note 6)

250

Price per unit (Note 4)

0.1500 EUR

(c) Options transactions in respect of existing securities

(i) Writing, selling, purchasing or varying

Product name,

e.g. call option

Writing, selling, purchasing, varying etc. Number of securities to which the option relates (Note 6) Exercise

price

Type, e.g. American, European etc. Expiry

date

Option money

paid/received per unit (Note 4)

(ii) Exercising

Product name, e.g. call option Number of securities Exercise price per unit (Note 4)

(d) Other dealings (including new securities) (Note 3)

Nature of transaction (Note 7) Details Price per unit (if applicable) (Note 4)

4. OTHER INFORMATION

Agreements, arrangements or understandings relating to options or derivatives

Full details of any agreement, arrangement or understanding between the person disclosing and any other person relating to the voting rights of any relevant securities under any option referred to on this form or relating to the voting rights or future acquisition or disposal of any relevant securities to which any derivative referred to on this form is referenced. If none, this should be stated.

Is a Supplemental Form 38.5(b) attached? (Note 8) YES/NO

Date of disclosure 14 November 2008
Contact name Fraser Wyeth
Telephone number +44 (0) 20 7678 0480
Name of offeree/offeror with which connected Rio Tinto
Nature of connection (Note 9) Advisor

Notes

The Notes on Form 38.5(b) can be viewed on the Takeover Panel's website at www.thetakeoverpanel.org.uk

SUPPLEMENTAL FORM 8

DETAILS OF OPEN POSITIONS

(This form should be attached to Form 8.1, Form 8.1(b)(ii) or Form 8.3, as appropriate)

OPEN POSITIONS (Note 1)

Product name,

e.g. call option

Written or purchased Number of securities to which the option or derivative relates Exercise price (Note 2) Type, e.g. American, European etc. Expiry date
Dec 2010 Call Option Purchased 100,000 16.3500 GBP Euro 17-Dec-10
Dec 2010 Put Option Written 100,000 16.3500 GBP Euro 17-Dec-10
Oct 2008 Call Option Purchased 75,000 16.0000 GBP American 17-Oct-08
June 2009 Put Option Purchased 1,000 12.000 GBP American 19-Jun-09

Notes

1. Where there are open option positions or open derivative positions (except for CFDs), full details should be given. Full details of any existing agreements to purchase or to sell should also be given on this form.

2. For all prices and other monetary amounts, the currency must be stated.

For details of the Code's dealing disclosure requirements, see Rule 8 and its Notes which can be viewed on the Takeover Panel's website at www.thetakeoverpanel.org.uk

Copyright Business Wire 2008


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