MALTA RESIDENCY VISA AGENCY (ESTABLISHMENT) ORDER *

AGENCY (ESTABLISHMENT)

SUBSIDIARY LEGISLATION 595.26

MALTA RESIDENCY VISA AGENCY

(ESTABLISHMENT) ORDER *

29th March, 2018

LEGAL NOTICE 97 of 2018, as amended by Legal Notice 111 of

2019, 156 and 157 of 2020 and 28 of 2021.

The title of this order is the Malta Residency Visa

Agency (Establishment) Order.

In this order, unless the context otherwise requires

"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

Malta Residency Visa Agency which shall carry out functions and

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;

*Repealed by Legal Notice 124 of 2021.

AGENCY (ESTABLISHMENT)

(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

26(2)(d), read 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 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

AGENCY (ESTABLISHMENT)

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

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

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 28 and

29 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

26(2)(d) in conjunction with article 29 of the Act, the Agency shall

have a separate Board for approving or refusing recommendations of

residence certificates submitted to it by the Chief Executive Officer.

The number of Approvals Boards shall be established by the Minister

and one of the Boards shall be known as the "Approvals Board – First

Division.

The Chief Executive Officer shall be required to submit to the

Board of Approval all applications.

(2)

The distribution of applications among the Approvals

Board shall be carried out by the Chief Executive Officer,

accordingly, so that each Approvals Board, as far as possible, is

assigned an equal number of cases. Each Approvals Board shall be

composed of a Chairperson and four (4) other members all appointed

by the Minister.

(3)

The members of the Approvals Board shall hold office for

a period of three (3) years, but each board member may be

reappointed at the end of his term. Any member may, before

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

Minister

Provided that the members of the Approvals 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, a member is

AGENCY (ESTABLISHMENT)

unable to perform the duties of his office or there are other reasonable

grounds for his removal.

(4)

The Chief Executive Officer, employees and the members

of the Board of Directors, are not eligible to be members of the

Approvals Board.

(5)

The remuneration paid to members of the Approvals Board

shall be fixed by the Minister.

(6)

The meetings of the Approvals Board shall be called by the

Chairperson as often as may be necessary for the performance of its

functions either on his own initiative or at the request of the Chief

Executive Officer, but the Approvals Board shall meet at least once

every month.

(7)

The quorum at all meetings of the Approvals Board shall

in no case be less than three ( 3 ) members.

(8)

Subject to the provisions of this order, the Approvals

Board may regulate its own procedure.

(9)

An act or proceeding of the Approvals Board shall be valid

notwithstanding any vacancy among its members.

(10) In the absence of the Chairperson at any meeting of the

Approvals Board, the Approvals Board members present may select

from amongst themselves a person to act as Chairperson at the

meeting.

(11) The decisions of the Approvals Board shall be taken by a

majority of the votes of the members present and voting. In the case

of equal votes, the Chairperson or other person presiding at the

meeting shall have a second or casting vote.

(12) The Approvals Board may appoint any employee of the

Agency to act as Secretary to the Approvals Board.

(13) The Board of Approvals shall review applications

submitted to it by the Chief Executive Officer of the Agency and shall

have the final say on whether an application is favourably considered

for approval or not, ensuring that decisions made are fair and

objective, and according to law. When reviewing applications, the

Approvals Board shall

(a)

receive and consider due diligence reports on

applicants, and exercise appropriate methods of

inquiry and examination with respect to the

information presented;

(b)

request the Agency to conduct further due diligence

AGENCY (ESTABLISHMENT)

or other checks in line with legal and regulatory

requirements when it considers that it is appropriate

to do so taking into account the budget allocated for

such purpose;

(c)

request all necessary information from the Agency.

(14) Approvals Board members shall treat as confidential all

information concerning applicants and any information

communicated to them by the Chief Executive Officer or any other

officer, employee, or advisor of the Agency.

With effect from 1 st January 2016, the Agency shall be

exempted from any liability for the payment of any tax on income

and duty on documents under any law for the time being in force.