Malta Residency Visa Agency (Establishment) Order, 2018

L.N. 97 of 2018

PUBLIC ADMINISTRATION ACT

(CAP. 497)

Malta Residency Visa Agency (Establishment) Order, 2018

IN EXERCISE of the powers conferred by article 36 of the

Public Administration Act, the Prime Minister, has made the following

The title of this order is the Malta Residency Visa Agency Title.

(Establishment) Order, 2018.

In this order, unless the context otherwise requires

Definitions.

"the Act" means the Public Administration Act;

"Agency" means the Malta Residency Visa Agency established

by this order;

"Minister"

means

the

Minister

responsible

for

identity

management.

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

Malta Residency Visa Agency which shall carry out functions and of Agency.

duties of public administration in the following matters

(a) issuing of residence certificates by investment and

other administrative matters related to persons wishing to stay or

settle indefinitely in Malta or Gozo;

(b) to work and collaborate with the Identity Malta

Agency with regards to the issuance of residency documents;

(c)

to establish Agency accredited agents;

(d)

to perform due diligence checks on all applications;

(e) to implement

and

maintain

internal

standard

operating procedures;

(f)

to implement an innovative Corporate Branding

strategy;

(g) to issue the indefinite certificate of residence and

residence document timely;

(h) to conduct interviews with applicants for the Agency

as necessary;

(i) to remain abreast of other international residence

schemes by investment whilst ensuring that the Agency remains

competitive;

(j) 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;

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

Proposal processes in relation to the growth and dissemination of

the Agency internationally; and

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

consequential to the matters stipulated in this article, as the

Minister may from time to time determine

Provided that when such matters as are referred to in

this regulation 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 a determination

in respect thereof.

The Minister responsible for identity management shall be

the Minister responsible for the Agency.

The Agency shall be subject to the provisions of the Act

and shall be regulated accordingly.

(1) As a special arrangement in terms of article 36(2)(d),

read in conjunction with article 39 of the Act, the Agency shall be

directed by a Board of Directors appointed by the Minister, which

Board, some of its members are also involved in the direction of the

Identity Malta Agency, an agency established under the Act, and this

saving the powers granted to Minister, the Principal Permanent

Secretary and the Permanent Secretary by articles 38 and 39 of the

Act.

(2) The Board shall be composed of five (5) Directors

appointed by the Minister. One (1) of the Directors shall be appointed

by the Minister as the Chairperson of the Board.

(3) The members of the Board shall hold office for a period not

exceeding three (3) years. Any member may, before the expiration of

his term of office, resign by letter addressed to the Minister

Provided that the members of the Board may be removed

from office by the Minister prior to the expiry of their term of office

where, in the opinion of the Minister, they have been found guilty of

misconduct or where they are, in the opinion of the Minister, unable to

perform the duties of their office.

(4) The Minister shall appoint a person to act as a Secretary of

the Board.

(5) The remuneration paid to members of the Board shall be in

accordance with the Act and established guidelines.

(1) The Agency shall have a Chief Executive Officer Chief

w h o shall be responsible for the performance, functions and duties Executive

Officer.

of the Agency in accordance with the Act and shall be responsible

for the daily management of the Agency, and to give his

recommendations on applications presented before the Approvals

Board after all due diligence checks are performed.

(2) The Chief Executive Officer shall be appointed by the

Minister.

(3) The Chief Executive Officer shall be answerable to the

Board and this save the powers granted to the Minister, the Principal

Permanent Secretary and the Permanent Secretary, by articles 38 and

39 of the Act.

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

vest in the Chief Executive Officer or in any officer of the Agency

nominated by the Minister, for the purpose from time to time.

(1) As a special arrangement in terms of article 36(2)(d), Special

read in conjunction with article 39 of the Act, the Agency shall have a arrangements.

Approvals

separate Board for the recommendation of approvals or rejection of Board.

residence certificates presented to it by the Chief Executive Officer.

The Chief Executive Officer is duty bound to present all applications

before the Approvals Board.

(2) The Board shall be composed of four (4) Directors

appointed by the Minister. One (1) of the said Directors shall be

appointed by the Minister as Chairperson of the Board.

(3) The members of the Board shall hold office for a period not

exceeding three (3) years. Any member may, before expiration of his

term of office, resign by letter addressed to the Minister

Provided that the members of the Board may be removed

from office by the Minister prior to the expiry of their term of office

where, in the opinion of the Minister, they have been found guilty of

misconduct or where they are, in the opinion of the Minister, unable to

perform the duties of their office.

(4) The Chief Executive Officer of the Agency and the

members of the Board, appointed in terms of article 6, are not

eligible to be members of the Approvals Board.

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

shall be in accordance with the Act and established guidelines.

The Malta Residency Visa Agency (Establishment) Order

is hereby repealed.

€0.36