Agents (Licences) Regulations, 2020

L.N. 435 of 2020

MALTESE CITIZENSHIP ACT

(CAP. 188)

Agents (Licences) Regulations, 2020

IN EXERCISE of the powers conferred by articles 10(9) and 24

of the Maltese Citizenship Act, the President of Malta has made the

following regulations:-

Part I

Preliminary

The title of these regulations is the Agents (Licences) Citation.

Regulations, 2020.

The aim of these regulations is to prescribe the Scope.

requirements to license persons to act as Agents for the purposes of

Citizenship by Exceptional Services to the Republic of Malta in

accordance with article 10(9) of the Maltese Citizenship Act.

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Maltese Citizenship Act;

"Agency" means the Community Malta Agency established by L.N. 436 of

2020. the Community Malta Agency (Establishment) Order;

"applicant" means the person who applies for citizenship of

Malta by naturalisation under these regulations and includes a

dependent or a person who applies on behalf of another person;

"application" means an application made by the applicant under

these regulations;

"Agent" means an agent duly licensed and certified for the

purpose of the processing of applications under these regulations.

"Minister" has the same meaning attributed in the Act

"person" shall mean a physical person and where applicable

mean a legal person;

"police conduct certificate" means a certificate of conduct, report

or statement from a national law enforcement authority, or other public

authority, in charge of criminal records, on the status of an applicant’s

criminal record.

Part II

Agents

(1) The Agent shall be appointed by the applicant from

persons licensed by the Agency, who shall, before introducing him

to the Minister through the Agency, ensure that he is an eligible

bona fide applicant for Maltese residence and citizenship by

naturalisation.

(2) Applicants for naturalisation for exceptional services under

Part IV of the Granting of Citizenship for Exceptional Services

2020. Regulations shall make use of an Agent to introduce him to the

Minister through the Agency.

(3) The applicant shall authorise the Agent to act on his behalf

in respect of all relevant applications, correspondence, submissions,

filings, declarations, notifications and matters attendant thereto

pursuant to the Granting of Citizenship for Exceptional Services

2020. Regulations and to perform all such other acts and deeds as may be

required in accordance therewith.

(4) The Agent shall notify the Agency of each engagement

received from a potential applicant in such form as the Agency may

require.

(5) An applicant under the Granting of Citizenship for

2020. Exceptional Services Regulations shall not engage more than one

Agent at any one time in relation to his application, but he may change

his Agent at any time.

(6) The Agency shall be notified without delay of any change

of the Agent in respect of any applicant. Such notification shall be

made by the authorised Agent in such form as the Agency may require.

(1) The application for a licence to act as an Agent for

the purposes of these regulations shall be made with the Agency on

the appropriate form together with such documents and information

as the Agency may require. The Agent shall be subject to due

diligence assessment by the Agency, both upon application and

annually thereafter.

(2) The Agency may grant or refuse a licence to an applicant to

act as an Agent. The license shall be subject to renewal every year, and

the Agency may refuse to renew such licence

Provided that both the application for the licence and the

renewal thereof shall be subject to such annual fee as provided in the

First Schedule.

(1) A person shall be qualified to apply for a licence to Qualification to

act as an Agent for the purpose of the Granting of Citizenship for act

L.N. 437 of

Exceptional Services Regulations, if he is a public accountant or 2020.

auditor, a lawyer, or a financial advisor duly licensed by a

competent Authority, after attending training organised by the

Agency and satisfying such other conditions and requirements as

may be set out in the guidelines issued by the Agency from time to

time.

(2) An Agent may apply to act either in his personal capacity

or on behalf of an audit firm, a law firm, or a financial advisory firm,

being a body duly registered in accordance with the applicable law and

having separate legal personality; provided that such firm, a

representative by the Agent, is also authorised by the Agency to act as

an Agent for the purposes of these Regulations. For the avoidance of

doubt, such firms shall always be represented by a duly licensed

Agent.

(3) An Agent may not act as a representative of more than one

legal person.

(1) The Agency may grant a licence to a person to act Eligibility for a

licence.

as an Agent if it is satisfied that the applicant

(a) has a clean police conduct certificate issued by the

Commissioner of Police in accordance with the Conduct Cap. 77.

Certificates Ordinance in the thereunder prescribed Form A or its

equivalent;

(b) satisfies the due diligence process carried out in

respect of such person by the Agency;

(c) completes the training programme mentioned in these

regulations.

(2)

The person authorised to act as an Agent must

(a) hold a Professional Indemnity Insurance policy with a

reputable insurance company acceptable to the Agency, with a

cover of not less than one million euro (€1,000,000) or such

higher figure as the Agency may determine from time to time;

(b) be able to demonstrate to the Agency that he, or in the

case of a legal person, that the group of which it forms part, has

unrestricted access to a recognised, reputable due diligence

database, and in either case, be able to provide the Agency, upon

request, with the results of their due diligence procedures;

(c) submit an application form together with all

requested documentation and information that the Agency may

request;

(d) undertake to provide any documentation or

information as may be requested by the Agency from time to

time;

(e) provide the Agency a fixed address and an email

address where any notifications under these regulations shall be

sent, and update them in case of any change thereto; a

notification by the Agency to such fixed address or the email

address so provided shall be deemed to have been validly

affected.

(3) The Agency shall publish a list of all licensed Agents on its

website, which list shall indicate the names, contact details and other

relevant particulars of such Agents.

(1) When processing an application for a license to act

as Agent under these Regulations, the Agency shall, in particular,

have regard to

(a)

the protection of applicants under these regulations;

(b) the protection of the reputation of Malta, taking into

account Malta’s international commitments; and

(c)

the promotion of competition and choice.

(2) The Agency may impose on the applicant for the licence

such conditions as it may deem appropriate. The Agency may, add to,

vary or revoke any conditions as it may deem fit.

(3) The Agency shall notify the applicant of its decision to

grant or refuse a licence, within six (6) months from the receipt of a

valid application, completed in accordance with the applicable

provisions of these Regulations and any applicable guidelines and

accompanied by the prescribed application fee. In the case of a refusal,

the notification shall also set out the reasons for such decision.

(4) Where the application is refused, the applicant may apply to

the Minister to have the decision reviewed by the appeals board to be

set up as provided in regulation 12.

(1)

The Agency may, from time to time, issue

guidelines to the Agents, among other things, requiring the

application of standards and other obligations, for the better

execution of these regulations.

(2) Such guidelines shall be binding on the Agents and their

employees and/or associates. Agents shall be personally responsible to

ensure that they impose the same standards, requirements and

obligations applicable to them in terms of these regulations on their

employees, assistants or associates.

(1)

An Agent shall

Functions of the

Agents.

(a) advise and guide the applicant as to his or her

responsibilities and obligations to ensure compliance with the

applicable provisions of the Act, the Granting of Citizenship for L.N.

2020. Exceptional Services Regulations and any rules made

thereunder;

(b) advise and guide the applicant on all matters relating

to the application, and submit to the Agency all documentation

and information in relation thereto as prescribed by these

regulations or any rules issued thereunder;

(c) provide the Agency, without delay, any information

or explanations that the Agency may reasonably require;

(d) act as liaison between the applicant and the Agency

on all matters relating to the application;

(e) notify the Agency without delay of its intention to

renounce to the engagement or if such engagement is terminated

by the applicant, giving full details of any facts or circumstances

relevant thereto; and

(f) comply with any other conditions as the Minister may

prescribe.

(2)

In discharging his obligations, the Agent shall at all times

(a) deal with the Agency in an open, transparent and co-

operative manner;

(b)

deal promptly with all enquiries raised by the

Agency;

(c) notify the Agency of any change or circumstance that

would or reasonably could, have a bearing on his status as an

Agent, including, in the case of a legal person, any change in its

constituted instruments, or any other matter that may materially

affect his business; and

(d) disclose to the Agency in a timely manner any

material information relating to himself or the firm represented

by him, or the applicant, which may affect compliance with these

regulations or the Guidelines issued by the Agency from time to

time.

(3)

Agents shall at all times

(a)

observe fully the conditions of their licence;

(b) observe fully any code of conduct or ethics,

regulations, notices, policies or guidelines made or adopted from

time to time by the Agency relating to the operation,

implementation, marketing, promotion and advertising of these

regulations or otherwise made applicable specifically to Agents,

including any best practices generally recognised in the industry

or established as such by such local or international professional

associations or organisations as have been approved by the

Agency;

(c) ensure that their staff are aware of the regulations and

procedures relevant to these regulations which must be followed

for the proper marketing and promotion of these regulations and

for the proper discharge of their responsibilities;

(d) employ personnel with the skills, knowledge and

expertise necessary for the discharge of their responsibilities and

obligations under and in respect of the Act, these regulations and

the Granting of Citizenship for Exceptional Services Regulations

2020. and to train them appropriately from time to time;

(e) keep the affairs of clients confidential except where

disclosure of information is required by law or in terms of the

guidance issued by the Agency or otherwise authorised by the

person to whom the duty of confidentiality is owed;

(f) establish, implement and maintain systems and

procedures that are adequate to safeguard the security, integrity

and confidentiality of all data and information, including

documentation, provided to them, taking into account the nature

of the information in question; and

(g) avoid any conflict of interest with their clients and

always act in their clients’ lawful interests.

(4) Without prejudice to any of the other provisions of these

regulations and the Granting of Citizenship for Exceptional Services L.N. 437 of

Regulations, if during the period of five (5) years immediately after the 2020.

oath of allegiance is taken by any applicant, an Agent becomes aware

of any material breach of these regulations or fraud on the part of any

applicant or of any false, misleading or materially inaccurate

information provided to the Agency, or of any material information

that was not provided to the Agency, by any applicant or on his behalf,

but in all cases with reference to the information that was provided or

should have been provided during the application process, the said

Agent shall immediately inform the Agency thereof.

(1) The Agency may revoke or suspend an Agent’s Revocation or

suspension of

license where it is satisfied that

licence.

(a) the Agent, or any member of his staff or acting on his

behalf, is in breach of these regulations or any applicable rules,

guidelines or policies, or has otherwise failed to satisfy or

comply with any obligation, requirement or condition to which

they may be subject for the purpose of these regulations and the

L.N. 437 of

Granting of Citizenship for Exceptional Services Regulations;

2020. (b) the Agent, or any member of his staff or acting on his

behalf, has supplied the Agency with information that is false,

inaccurate or misleading;

(c) the Agent has ceased to act as an agent for the

purpose of these regulations and the Granting of Citizenship for L.N.

2020. Exceptional Services Regulations;

(d) the Agent is otherwise, no longer a fit and proper

person to act as an Agent for the purpose of these regulations.

(2) The Agency shall inform the Agent of its decision in

writing and the Agent may within fifteen (15) days request the Agency

by written submissions to review its decision.

(1) Where the decision to suspend or revoke the licence Ad hoc Board.

is confirmed by the Agency, the applicant may apply to the Minister

to have the decision of the Agency reviewed.

(2) The Minister shall appoint an ad hoc Board to review the

Agency’s decision.

(3) The Board shall be composed of a Chairperson who shall

be a lawyer with seven (7) years experience, a member experienced in

citizenship matters and another member appointed from amongst

senior civil servants.

(4) The Chairperson and the members of the ad hoc Board

shall, before commencing to execute their duties, take an oath in the

form set out in the Second Schedule. Such oath shall be taken before,

and shall be deposited with, the Attorney General.

(5)

The decisions of the ad hoc Board shall be final.

(1) When an Agent desires to surrender his licence, he

shall inform the Agency at an early stage of his intention to do so.

Any outstanding licence fees payable by the Agent to the Agency

shall be settled without delay, while said fees already paid by the

Agent to the Agency shall not be refundable. The Agency may

require an Agent to delay the surrender of his licence and if the

Agent intends to wind up its business, he shall do so in accordance

with such conditions as may be reasonably imposed by the Agency.

(2)

No such surrender of a licence shall take effect

(a) if it results that the Agent is still acting as such for an

applicant or applicants of the Granting of Citizenship for

2020. Exceptional Services Regulations, unless the Agent provides

satisfactory evidence to the Agency either that he has given

notice to his clients of his intention to surrender his licence and

any pending applications have been transferred to another Agent

or that the applicants under these Regulations have themselves

decided to use the services of another Agent; or

(b) if it appears, in the Agency’s discretion, that the

surrender of the licence is being done in order to avoid

prosecution in terms of any applicable law or to otherwise

obstruct or hinder such prosecution or that it is reasonably likely

to have this effect.

No person appointed or employed or licensed by the

Agency in carrying out the provisions of these regulations or the

Granting of Citizenship for Exceptional Services Regulations shall be

2020. required to produce in any court, tribunal, board or committee of

inquiry any document or to divulge any matter coming under his notice

in the performance of his duties under these regulations except as may

be lawfully required under any applicable law or for the purpose of

carrying into effect the provisions of these regulations, or for the

purpose or in the course of any appeal made or proceedings instituted

in accordance with these regulations or a prosecution for any offence

against any of the provisions of these regulations.

(1) Notwithstanding any request made to the Agency by

any data subject, any officer or employee of the Agency receiving such

a request at any time, including during the application or pre-

application process, shall be entitled at all times to refuse to disclose

any due diligence results generated or collected about an applicant in

accordance with the provisions of the Restriction of the Data

Protection (Obligations and Rights) Regulations (the "Data Protection

Regulations") including in particular regulation 4 thereof. The Data

Protection Regulations shall apply to all requests for information that

may be made in respect of matters covered by these regulations.

(2) All information obtained through the due diligence process

and its sources shall be kept secret.

Nothing in these regulations shall prejudice the Data Protection.

applicability of the Regulation (EU) 2016/679 of the European

Parliament and the Council of 27 April 2016 on the protection of

natural persons with regard to the processing of personal data and on

the free movement of such data, and repealing Directive 95/46/EC and

the Data Protection Act and the fundamental rights and freedoms of Cap. 586.

the data subject and the Agent shall be bound to comply with

applicable data protection regulations.

(1) All applications filed prior to the coming in to force Transitory

of these regulations shall be governed by the laws, regulations and provisions.

guidelines applicable prior to the coming into force of these

regulations and anything done in terms of such laws, regulations and

guidelines applicable prior to the coming into force of these

Regulations are deemed to be valid.

(2) On the date of coming into force of these regulations, any

natural person or legal organisation recognised by law already carrying

out the services of an Approved Agent shall be obliged to conform

with these regulations within three (3) months from their coming into

force, provided that payment of the license fee as established in

regulation 5(2) is to be paid by the Approved Agent upon the date of

its next annual renewal, whenever this may be.

First Schedule

(regulation 5 (2))

Annual Licence Fee payable by Agent

The licence fee exclusive of any taxes payable by each Agent to

the Agency shall be due annually and shall amount to

five thousand euro (€5,000).

Second Schedule

(Regulation 12)

Form of Oath to be Taken by the Chairperson or a Member of the

ad hoc Board

I, ............................................................................. having been

appointed to be Chairperson/Member of the ad hoc board for the

period ............................................ to ...............................................,

do swear/solemnly affirm that I will faithfully, fully, impartially and to

the best of my ability discharge the trust and perform the duties

devolving upon me by virtue of the said appointment.

So help me God.

Chairperson/Member

€0.90