RESIDENCY MALTA AGENCY (ESTABLISHMENT) ORDER

SUBSIDIARY LEGISLATION 595.40

RESIDENCY MALTA AGENCY (ESTABLISHMENT)

ORDER

29th March, 2021 *

LEGAL NOTICE 124 of 2021, as amended by Legal Notice 107 of

2024.

The title of this order is the Residency Malta Agency

(Establishment) Order.

In this order, unless the context otherwise requires

"Act" means the Public Administration Act;

"Agency" means the Residency Malta Agency established by

article 3;

"Agency Agreement" means the agreement as provided in

article 6(2);

"contribution" shall have the same meaning as assigned to it by

the Malta Permanent Residency Programme Regulations;

"main applicant" shall have the same meaning as assigned to it

by the Malta Permanent Residency Programme Regulations;

"Minister" means the Minister responsible for immigration;

"non-refundable administration fee" shall have the same

meaning as assigned to it by the Malta Permanent Residency

Programme Regulations;

"Permanent Secretary" means the Permanent Secretary in the

Ministry responsible for immigration;

"Programme" means the Malta Permanent Residence

Programme set up by virtue of the Malta Permanent Residency

Programme Regulations.

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

Residency Malta Agency, which shall carry out functions and duties of

public administration in the following matters

(a)

administer the process of applications for the

grant of residency in accordance with the Malta Permanent

Residence Programme Regulations and all other required

processes in order to implement the provisions of the said

regulations, issue residence-by-investment certificates relating

to applications by third country nationals applying to stay or

*See Legal Notice 136 of 2021.

RESIDENCY MALTA AGENCY (ESTABLISHMENT)

reside indefinitely in Malta or Gozo, including the general

implementation and administration of the Programme for the

grant of permanent residency rights on the basis of investment,

and to order the cessation of the benefits conferred by

residence-by-investment certificates;

(b)

administer the process of applications for the

grant of temporary residency rights to third country nationals as

the Government may set up and direct the Agency to administer

from time to time, including the Nomad Residence Permit for

persons wanting to work from Malta for a temporary period of

time and the Startup Residence Programme for persons

investing in Malta through a start-up enterprise, and such other

permits for the granting of temporary residency rights as the

Government may establish and direct the Agency to administer

from time to time, in accordance with the general conditions

and policy established by the Government for the granting of

such residence permits, to implement and administer the said

permits, and to order the cessation of benefits conferred by the

said permits;

(c)

perform due diligence checks on all applicants

who have submitted an application for the grant of residency

rights in accordance with the Programme or any other residence

permit administered by the Agency;

(d)

ensure that applicants satisfy all conditions and

requirements imposed by the Programme or under any permit

granting residency rights administered by the Agency;

(e)

implement

and

maintain

internal

standard

operating procedures;

(f)

advise the Minister on all matters concerning the

functions of the Agency;

(g)

work and collaborate with the Identity Malta

Agency with regards to the issuance of residence-by-investment

permits or other residence permits, and with regards to the

capturing of biometric data;

(h)

perform or manage due diligence checks and

processes for other government entities, agencies or authorities;

(i)

work and collaborate with the competent authority

with regards to agents duly licensed under the Agents

(Licences) Regulations; and

(j)

all such other matters which are ancillary,

incidental or consequential to the matters stipulated in this

article, as the Minister may determine from time to time

Provided that when such matters as are referred to in this

order consist of or include the administration of funds, the Minister

shall act with the concurrence of the Minister responsible for finance

in making a determination in respect thereof.

(1)

The Minister responsible for immigration shall be

responsible for the Agency.

(2)

The Permanent Secretary in the Ministry responsible for

immigration 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. The provisions of article 30 of the Act shall apply.

(1)

The Agency shall retain the non-refundable

administration fee payable by applicants in terms of the Malta

Permanent Residence Programme Regulations in respect of

applications for residence-by-investment certificates to cater for the

operational and due diligence costs of the Agency.

(2)

The Agency shall 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.

(3)

The Agency shall allocate the contributions received

through applications for residence-by-investment certificates to the

Consolidated Fund

Provided that prior to such allocation, in the case of

applications for inclusion on a certificate in respect of persons other

than the main applicant, the Agency may deduct due diligence costs

from such contributions payable.

(1)

As a special arrangement in terms of article

26(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,

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

of 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 meetings of the 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 of the Agency.

(6)

The quorum at all meetings of the Board shall in no case

be less than three (3) members. The Chief Executive Officer of the

Agency may attend meetings of the Board.

(7)

Each Board member shall have the right to vote during

Board meetings and meetings shall be chaired by the Chairperson of

the Board.

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

Board, the Board members present may select from amongst

themselves a person to act as Chairperson at the meeting.

(9)

The remuneration paid to members of the Board shall be

in accordance with the Act and established guidelines.

(1)

The Board shall have the functions to

(a)

determine the mission and strategy of the Agency;

(b)

set the objectives of the Agency;

(c)

monitor

the

Agency’s

performance

against

planned goals;

(d)

support the Chief Executive Officer of the Agency

in the execution of his duties;

(e)

approve the annual budgets that support the

Agency’s work plans;

(f)

support the Agency in its efforts to secure

adequate resources 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 the 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.

(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 that purpose from time to time.

(1)

As a special arrangement in terms of article

26(2)(d), read in conjunction with article 39 of the Act, the Agency

shall have a separate Board to make recommendations for approving

or refusing applications for the issue of residence-by-investment

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"

Provided that the Chief Executive Officer shall submit all

applications before the Approvals Board.

(2) The distribution of applications among the Approvals

Boards 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 Board shall be composed of a

Chairperson and four (4) other members all appointed by the Minister.

One (1) of those members shall be chosen to act as secretary where his

role is to make the necessary preparations for the Board meeting and to

take minutes of those meetings.

(3)

The members of the Board shall hold office for a period

of three (3) years, but each board member may be reappointed at the

end of this term. 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, a member is unable to perform

the duties of his office or there are reasonable grounds for his removal.

(4)

The Chief Executive Officer, employees, previous

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 Board shall be

in accordance with the Act and established guidelines.

(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) In the absence of the Board Secretary at any meeting of

the Approvals Board, the Approvals Board may appoint any employee

of the Agency to act as Secretary to the Approvals Board meeting.

(13) The Board of Approvals shall review applications

submitted to it by officers of the Agency, and it 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 or other checks in line with legal and regulatory

requirements when it considers that it is appropriate to do so;

and

(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.

(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.

(3)

Employees of the Agency shall treat any information

acquired in the discharge of their duties as confidential, both during

and after the termination of their employment, and may be required to

take an oath confirming their adherence to the said obligation.

Lawyers, legal 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.

(1)

The

Malta

Residency

Visa

Agency

(Establishment) Order is hereby repealed.

(2)

Anything that has been commenced by or under the

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

Malta and/or the Malta Residency Visa Agency prior to the coming

into force of this order and such thing or application in relation to the

Malta Residency Visa Programme of the Government of Malta as

established by and under the Immigration Act, may be carried on and

completed by or under the authority of the Agency, which shall also

succeed to all powers of the Malta Residency Visa Agency in terms of

the Malta Residence and Visa Programme Regulations in relation to

applications made or certificates issued thereunder.

(1)

Rights and obligations arising from contracts for

service entered into by Government or Identity Malta Agency with any

agents, advisors or any service providers with respect to the

administration of the Malta Residency Visa Programme of the

Government of Malta as established by and under the Immigration

Act, which were effective prior to the coming into force of this order,

may by agreement between Government or Identity Malta be assigned

to the Agency.

(2)

Rights and obligations arising from contracts for service

entered into by the Malta Residency Visa Agency with any agents,

advisors or any service providers with respect to the administration of

the Malta Residency Visa Programme of the Government of Malta as

established by and under the Immigration Act, which were effective

prior to the coming into force of this order shall after the coming into

force of these regulations be deemed to have been entered into by the

Agency.

Where immediately before the coming into force of this

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

Residency Visa Agency is or was entitled to be a party, is pending and

such proceeding refers to the administration of the grant of residency

certificates under the Immigration 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.