MALTA RESIDENCY VISA AGENCY (ESTABLISHMENT) [ S.L. 595.26 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. 1. The title of this order is the Malta Residency Visa Agency (Establishment) Order. 2. In this order, unless the context otherwise requires: Title. Definitions. "the Act" means the Public Administration Act; Cap. 595. "Agency" means the Malta Residency Visa Agency established by this order; "Minister" means the Minister responsible for identity management. 3. 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 applications; perform due diligence checks on all (
- e)to implement and maintain internal standard operating procedures; (
- f)strategy; to implement an innovative Corporate Branding (
- 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- h)to conduct interviews with applicants for the Agency as necessary; *Repealed by Legal Notice 124 of 2021. Establishment of Agency. 1 2 MALTA RESIDENCY VISA AGENCY (ESTABLISHMENT) [ S.L. 595.26 (
- 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. Minister responsible for the Agency. 4. The Minister responsible for identity management shall be the Minister responsible for the Agency. The Agency to be subject to the Act. 5. The Agency shall be subject to the provisions of the Act and shall be regulated accordingly. Special Arrangement Board of Directors. Amended by: L.N. 157 of 2020. 6.
(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 MALTA RESIDENCY VISA AGENCY (ESTABLISHMENT) [ S.L. 595.26 3 of the Board.
(5)The remuneration paid to members of the Board shall be in accordance with the Act and established guidelines. 7.
(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)Minister. Chief Executive Officer. The Chief Executive Officer shall be appointed by the
(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. 8.
(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. Special arrangements. Approvals Board. Amended by: L.N. 111 of 2019; L.N. 156 of 2020. 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 Distribution of applications among the Boards. 4 MALTA RESIDENCY VISA AGENCY (ESTABLISHMENT) [ S.L. 595.26 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 MALTA RESIDENCY VISA AGENCY (ESTABLISHMENT) [ S.L. 595.26 5 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. 9. With effect from 1st 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. Exemption from payment of tax and duty. Added by: L.N. 28 of 2021.