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EPT Disclosure

27th Nov 2008 12:15

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 26 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 2,724,151 0.1234% 142,476 0.0065%
(2) Derivatives (other than options) 0 0% 71,198 0.0032%
(3) Options and agreements to purchase/sell 250,000 0.0113% 1,000 0.0000%
Total 2,974,151 0.1347% 214,674 0.0097%

(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

TOTAL:

Sale

Sale

Sale

Sale

TOTAL:

1,100

2,240

2,000

5,659

7,437

1,644

5,260

67,923

93,263

1,100

2,000

20,000

17,923

41,023

10.8500 GBP

11.0200 GBP

11.3000 GBP

11.4300 GBP

11.4600 GBP

11.4700 GBP

11.4800 GBP

11.5500 GBP

10.8500 GBP

11.3000 GBP

11.4576 GBP

11.5500 GBP

(b) Derivatives transactions (other than options)

Product name,

e.g. CFD

Long/short (Note 5) Number of securities (Note 6) Price per unit (Note 4)
Dec 2008 Call Warrant Long 6000 0.0010 EUR
Jun 2009 Call Warrant Long 1,364 0.2800 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 27 November 2008
Contact name A Ruparelia
Telephone number 020 7678 7732
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
Jan 2009 Call Option Purchased 50,000 12.000 GBP American 16-Jan-09
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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