Community Malta Agency (Establishment) Order, 2020

L.N. 436 of 2020

PUBLIC ADMINISTRATION ACT

(CAP. 595)

Community Malta Agency (Establishment) Order, 2020

IN EXERCISE of the powers conferred by article 26(1) of the

Public Administration Act, the Prime Minister has made the following

The title of this order is the Community Malta Agency Citation.

(Establishment) Order, 2020.

In this order, unless the context otherwise requires

Interpretation.

" Act" means the Public Administration Act;

"Agency" means the Community Malta Agency established by

this order;

"Agent", "applicant" and "exceptional direct investment" shall

have the same meaning as assigned to them in the Granting of L.N. 437 of

Citizenship for Exceptional Services Regulations;

2020. "Minister" means the Minister responsible for citizenship;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for citizenship.

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

Community Malta Agency which shall carry out functions and duties of

Community

of public administration in the following matters

Malta Agency.

(a) to administer the process of applications for the grant

of citizenship under the Maltese Citizenship Act and regulations Cap. 188.

issued under the Maltese Citizenship Act;

(b) to advise the Minister on all matters concerning the

functions of the agency; and

(c) to perform all 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.

(1) The Minister responsible for the Agency shall be the Minister

responsible for

Minister responsible for citizenship.

the Agency.

(2) The Permanent Secretary in the Ministry responsible for

citizenship shall supervise the Agency in terms of article 29 of the Act

Provided that the Prime Minister may assign the

responsibility of the Agency to another Minister and its supervision to

the Permanent Secretary of that Ministry.

The Agency shall be subject to the provisions of the Act

and shall be regulated accordingly.

(1) The Agency shall, in consultation with the Minister,

establish and re-organise units, divisions and sections as appropriate in

order to exercise its functions.

(2) The operations of the Agency shall follow an agreement

which is to be made in writing between the Permanent Secretary and

the Agency.

(1) As a special arrangement in terms of article 26(2)(d),

in conjunction with article 29 of the Act, the Agency shall be directed

by a Board of Directors appointed by the Minister, and this saving the

powers granted to the Minister, the Principal Permanent Secretary

and the Permanent Secretary by articles 28 and 29 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 functions of the Board shall be the following

(a)

to determine the mission and strategy of the Agency;

(b)

to come up with the objectives of the Agency;

(c) to monitor the organisation’s performance against

planned goals;

(d) to support the Chief Executive Officer of the Agency

in the execution of his duties;

(e) to approve the annual budgets that support the

Agency’s work plans;

(f) to support the executive team in its efforts to secure

adequate resources for the organization to fulfil its mission.

(2) In the execution of its functions, the Board shall consult

with the Minister, and it shall have and may exercise all or any one or

more of the powers vested in it or entrusted to it by this Act.

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

shall be responsible for the performance, functions and duties of the Officer.

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

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

Minister on applications presented, 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 28 and

29 of the Act.

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

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

who the Minister may nominate for the purpose from time to time.

(1) The Agency shall retain fifteen (15%) from National

contributions received through the Applications for Naturalisation for Development

and Social

exceptional services under Part IV of the Granting of Citizenship for Fund.

L.N. 437 of

Exceptional Services Regulations and allocate the remaining balance 2020

as follows

(a) thirty per cent (30%) to the Consolidated Fund

(b) seventy per cent (70%) to the National Development

and Social Funds (NDSF)

The Agency shall hereby have the power and authority to use

any operating profit of the Agency for the purpose of sponsoring or

funding any worthy social or philanthropic causes that it may

identify from time to time.

(2) The funds received by the National Development and

Social Fund pursuant to the provisions of these regulations shall be

used for the purposes established and set out in the National

Development and Social Fund (Establishment as an Agency) Order

Provided that the NDSF when allocating funds derived

from the Agency, it shall expressly indicate that such funds have

been provided by the Agency.

(1) Public officers deployed with the Agency shall be

deemed to be detailed with the Agency in accordance with article 33 of

the Act.

(2) Subject to the provisions of the Act and of any other

legislation, the Agency shall have authority to engage its own

employees.

A portion of the exceptional direct investment made by an

applicant who is granted citizenship in terms of naturalisation for

exceptional services under Part IV of the Granting of Citizenship for

2020. Exceptional Services Regulations, as indicated in the First Schedule,

may be paid, on an annual basis, starting every calendar year, by the

Agency to the Agent. This portion shall be based on the number of

applicants who have appointed him as their agent and who are issued a

certificate of naturalisation

Provided that such Agent has not been suspended or had his

licence revoked during the previous twelve (12) months.

Lawyers, public procurators and public officers performing

duties as officers of the Agency, shall have power to administer oaths.

The Agency shall be governed by the provisions of the

Public Finance Management Act unless otherwise stated 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 follow an Agency

performance agreement which is to be agreed between the Permanent

Secretary and the Agency. The provisions of article 40 of the Act shall

apply.

Anything that has been commenced by or under the Continuity.

authority of, or any application has been made with, Identity Malta

and/or the Malta Individual Investor Programme Agency prior to the

coming into force of this order and such thing or application is in

relation to the Individual Investor Programme of the Government of

Malta as established by and under the Maltese Citizenship Act, such Cap. 188.

thing or application may be carried on and completed by or under the

authority of the Agency.

Rights and obligations arising from contracts for service Rights and

entered into by Identity Malta and Malta Individual Investor obligations.

Programme Agency with any agents, advisors or any service providers

with respect to the administration of the Individual Investor

Programme of the Government of Malta as established by and under

the Maltese Citizenship Act, which were effective prior to the coming Cap. 188.

into force of this order, may by agreement between Identity Malta and/

or the Malta Individual Investor Programme Agency and the Agency

be assigned to the Agency.

Where immediately before the coming into force of this Proceedings.

order, any legal proceeding to which Identity Malta or the Malta

Individual Investor Programme Agency is or was entitled to be a party,

is pending and such proceeding refers to the administration of the

grant of Maltese Citizenship under the Maltese Citizenship Act or to Cap. 188.

any application made in pursuance thereof, the Agency shall, with

effect from such date, be substituted in such proceeding by the

Agency.

The Agency shall be exempt from any liability for the Exemption from

payment of any tax on income and duty on documents under any law tax and duty.

for the time being in force.

The Fourth Schedule to the Act shall be amended as Amends the

Fourth Schedule

follows

to the Act.

(a) immediately after the item "Local Enforcement

System Agency" thereof, there shall be added the following

"Agency

Function

Community Malta AgencyTo carry out functions and

duties of public administration relating to the process of

application for citizenship for exceptional services in terms

of the Maltese Citizenship Act and to cooperate with other

Government agencies in all matters relating to citizenship";

and

(b)

The item "Malta Individual Investor Programme

Agency" shall be deleted.

First Schedule

(Article 12)

Promotional support to Agents

The Agency may pay the Agents as per article 12 of this order, on

the following criteria, based on the date of submission of the

citizenship application.

These payments are exclusive of any taxes

The first ten (10) applicants granted a certificate of

naturalisation, half a per cent (0.5%)

The subsequent fifteen (15) applicants granted a certificate of

naturalisation, one per cent (1%)

The subsequent twenty five (25) applicants granted a certificate

of naturalisation, one and a half per cent (1.5%)

The subsequent applicants granted a certificate of naturalisation

two per cent (2%)

€0.54