Malta Residence Visa (Establishment of an Agency) Order, 2017

L.N. 107 of 2017

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Malta Residence Visa (Establishment of an Agency) Order, 2017

IN exercise of the powers conferred by article 36(1) of the

Public Administration Act, the Prime Minister has made the

following regulations:-

The title of this Order is the Malta Residency Visa Citation.

(Establishment of an Agency) Order 2017.

In this Order, unless the context otherwise requires

Interpretation.

"the Act" means the Public Administration Act;

"Agency" means the Malta Residency Visa Agency established

by this Order;

"Agency Agreement" means the agreement as provided for in

article 7;

"Minister" means the Minister responsible for investment;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for investment.

There shall be established an Agency, to be known as the Establishment

Malta Residency Visa Agency which shall carry out functions and of

Residence Visa

duties of public administration in the following matters

Programme

Agency.

(a) issuing of residence certificates by investment and

other administrative matters related to those wishing to stay or

settle indefinitely in Malta or Gozo;

(b) to work and collaborate with Identity Malta Agency

with regards to the issuance of residence documents by

investment including participating on the Advisory Board and

in relation to the printing of residence documents;

(c)

to setup and implement the Agency short and long-

term strategy;

(d)

to establish Agency accredited agents;

(e)

to achieve the Agency financial operating budgets;

(f)

to perform due diligence checks on all applications;

(g) to implement and maintain internal standard

operating procedures;

(h)

to implement an innovative Corporate Branding

strategy;

(i)

to issue the indefinite certificate of residence and

residence document timely;

(j)

to conduct interviews with applicants for the

Agency as necessary;

(k) to remain abreast of other international residence

schemes by investment whilst ensuring that the Agency remains

competitive;

(l)

to meet, monitor and manage the selected Agency

Concessionaires and provide them with the required support and

guidance whilst ensuring compliance to the conditions of the

agreements in force;

(m) to issue, manage, oversee and monitor Request for

Proposal processes in relation to the growth and dissemination

of the Agency internationally; and

(n) such other matters which are ancillary, incidental or

consequential to the matters stipulated in paragraphs (a) to (m)

as the Minister may from time to time determine

Provided that when such matters as are referred to in this

sub-article consist of or include the administration or investment of

funds, the Minister shall act with the concurrence of the Minister

responsible for finance in making the said determination.

(1) The Minister responsible for Malta Residence Visa

Agency shall be the Minister for investment.

(2) The Permanent Secretary in the Ministry responsible for

investment shall supervise the Agency in terms of article 39 of the

Provided that the Permanent Secretary may be assisted in

such supervision by another Permanent Secretary in accordance with

the proviso to article 13(5) of the Act

Provided further that if a Minister, other than the Prime

Minister, assumes responsibility for the Agency, its supervision shall

fall under the Permanent Secretary of that Ministry.

The Agency shall be subject to the provisions of the Act Agency to be

subject to the

and shall be regulated thereby.

Act.

The Agency shall be governed by the provisions of the Financial

Financial Administration and Audit Act unless otherwise authorised arrangements.

in the Agency Agreement between the Permanent Secretary and the

Agency, in which case the provisions of the Agency Agreement shall

prevail.

The operations of the Agency shall be carried out in Agency

accordance with an Agency Agreement which shall be agreed agreement.

between the Permanent Secretary and the Agency.

(1) The Agency shall be headed by the Executive Head of the

Chairperson who shall be responsible for the performance, functions Agency.

and duties of the Agency in accordance with the Act and who shall be

responsible for the daily management of the Agency.

(2) The Executive Chairperson shall be responsible for

providing his recommendations on applications presented before the

Board after all due diligence checks are performed.

(3) The legal and judicial representation of the Agency shall

lie in the Executive Chairperson.

Subject to the provisions of the Act and of any other Employment of

legislation, the Agency shall have authority to engage its own personnel.

employees.

(1) The Minister shall appoint a Board of Directors and Organisational

Structure

a Non-Executive Chairperson.

(2) The Board of Directors shall be composed of

(a)

the Permanent Secretary of the Ministry;

(b)

an official from MIMCOL;

(c)

a legal advisor.

(3) Board meetings shall be attended by the Board of

Directors, the non-Executive Chairperson of the Agency and the

Executive Officer of the Agency.

(4) Each Board member shall have the right to vote during

Board meetings and meetings shall be chaired by the non-Executive

Chairperson.

(5) The remuneration paid to members of the Board of

Directors shall be in accordance with the Act and established

guidelines.

(1) The Minister responsible for the Agency shall

establish an Advisory Board to review and monitor the successful

execution of the Agency processes and practices.

(2) The Board shall review cases submitted for final approval

and prior to the issuance of the residency card and shall endorse the

recommendations made by the Executive Chairperson.

(1)

The Advisory Board shall be composed of:-

(a)

the Executive Chairperson;.

(b) the Chairperson or his representative from Identity

Malta Agency;

(c)

a person nominated by the responsible Minister;

(d)

a member of staff from the due diligence team.

(2) The remuneration paid to members of the Advisory Board

shall be in accordance with the Act and established guidelines.

In the Fourth Schedule of the Public Administration Act,

immediately after the item "Malta Marittima Agency" there shall be

added the following

"Malta Residence Visa Agency

to execute the functions and duties of the public

administration in matters relating to issuing of

residence visas by investment and other

administrative matters related to individuals

wishing to stay or settle indefinitely in Malta or

Gozo visas.

".

€0.36