COMMUNITY MALTA AGENCY (ESTABLISHMENT) ORDER

SUBSIDIARY LEGISLATION 595.38

COMMUNITY MALTA AGENCY

(ESTABLISHMENT) ORDER

20th November, 2020

LEGAL NOTICE 436 of 2020, as amended by Legal Notices 452 of

2020 and 60 of 2026 * .

The title of this order is the Community Malta Agency

(Establishment) Order.

In this order, unless the context otherwise requires

" Act" means the Public Administration Act;

"Agency" means the Community Malta Agency established by

this order;

"Consolidated Fund" means the Consolidated Fund established

by article 102 of the Constitution;

"Minister" means the Minister responsible for citizenship;

"National Development and Social Fund" means the National

Development and Social Fund established by article 3 of the National

Development and Social Fund (Establishment as an Agency) Order;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for citizenship.

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

Community Malta Agency which shall carry out functions and duties

of public administration in the following matters

(a)

to administer the process of applications for the

grant of citizenship under the Maltese Citizenship Act and

regulations 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 citizenship.

(2)

The Permanent Secretary in the Ministry responsible for

*Vide Regulation 9 of Legal Notice 60 of 2026.

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 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 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 percent (15%)

from contributions received by means of the applications for

naturalisation under the Granting of Citizenship by Naturalisation on

the basis of Merit Regulations, as in force on 29th April 2025, for

applications which have been approved for naturalisation prior to 29th

April 2025 and shall allocate the remaining balance as follows

(a)

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

(b)

seventy per cent (70%) to

the

National

Development and Social Fund.

(2)

The funds received by the National Development and

Social Fund in accordance with this order shall be used for the

purposes established in the National Development and Social Fund

(Establishment as an Agency) Order

Provided that the National Development and Social Fund

when allocating funds derived from the Agency, shall expressly

indicate that such funds have been provided by the Agency.

(3)

The Agency shall hereby have the power and authority to

use any operating profit of the Agency for the purposes of sponsoring

or funding any worthy social or philanthropic causes that it may

identify from time to time .

(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.

Repealed by Legal Notice 60 of 2026.

Lawyers, legal procurators, public officers and public

employees performing duties as officers at the Agency, shall have the

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

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

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

entered into by Identity Malta and Malta Individual Investor

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

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

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

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

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

for the time being in force.

Schedule

Repealed by Legal Notice 60 of 2026.