Freedom of Information
Description of the Agency’s structure
The Agency is a Government Agency established through Community Malta Agency (Establishment) Order (S.L. 595.38).
It falls under the responsibility of Hon. Alex Muscat, the Parliamentary Secretary for Citizenship and Communities within the Ministry for Home Affairs, National Security and Law Enforcement, Minister of which is Hon. Byron Camilleri.
The Agency is headed by a Chief Executive Officer (CEO) who is responsible for the daily management, performance, functions, and duties of the Agency, and to give his findings to the Minister responsible for citizenship on applications presented, after all due diligence checks are performed.
The Agency is directed by a Board of Directors appointed by the Minister responsible for citizenship, composed of five (5) Directors: one (1) of whom is the Chairperson of the Board. The members of the Board hold office for a period not exceeding three (3) years. Another (1) person is appointed by the Minister responsible for citizenship to act as a Secretary.
Description of the Agency’s functions and responsibilities
As described under the Community Malta Agency (Establishment) Order (S.L. 595.38), the Agency was established to carry out functions and duties of public administration:
(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 responsible for citizenship 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 under Article 3 of S.L. 595.38, as the Minister responsible for citizenship may from time to time determine.
All this while cooperating with other Government agencies in all matters relating to citizenship.
General description of the categories of documents the Agency holds (including exempt documents)
– Personal Records collected in Forms, Templates, Declarations, Supporting Documentation, etc. in Original or Certified True Copy form;
– Internal & External Due Diligence Reports;
– Agents List;
– Training Records;
– Exchanges of Communication;
– Application Form and Supporting Documentation;
– Signed Licence Agreement and Code of Conduct and Ethics for Agents;
– The Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment Handbook
– Parliamentary Questions;
– Memorandum of Understandings;
- Accounts & Finance:
– Procurement Files (Tenders and Quotations);
– Procurement Contracts;
– Performance Statistical Data;
– Financial Statistical Data;
– Accounting Records (POs, Invoices, etc.);
– Banking and Accounting Files;
– Personal Records;
– Training Records;
Description of all manuals and similar types of documents which contain policies, principles, rules or guidelines in accordance with which decisions or recommendations are made in respect of members of the public (including bodies corporate and employees of the public authority in their personal capacity)
- Maltese Citizenship Act (Cap. 188) and Subsidiary Legislation;
- Freedom of Information Act (Cap. 496) and Subsidiary Legislation;
- Data Protection Act (Cap.586) and Subsidiary Legislation;
- Public Administration Act (Cap. 595) and applicable Subsidiary Legislation;
- Public Finance Management Act (Cap. 601) and applicable Subsidiary Legislation;
- Licence Agreement and Code of Conduct and Ethics for Agents – addressing operational aspects with regard to Agents and provide for due interpretation and guidance with respect to the conduct required of Agents. It also provides the parameters with respect to advertising, publications and dissemination of information relating to the Regulations to which Agents are expected to strictly comply;
- The Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment Handbook – the principal policy and guidelines providing a comprehensive understanding of how to complete in detail any application form, and the supporting documentation required for the acquisition of Maltese citizenship by naturalisation for exceptional services by direct investment. The ESDI Handbook is subject to updates according to necessities;
- Public Service Management Code as complemented by a number of manuals;
- Operational Guidelines & Procedures;
- Collective Agreements;
- Data Protection Manual/Guidelines;
- Freedom of Information Manual/Guidelines;
Statement of the information that needs to be available to members of the public who wish to obtain access to official documents from the public authority, which statement shall include particulars of the officer or officers to whom requests for such access should be sent
The FOI Officers of the Agency may be contacted by telephone on +356 2122 5232. FOI Requests may be submitted by e-mail on email@example.com, through the FOI Portal www.foi.gov.mt, via the e-ID or through the online form.
Details of Internal Complaints Procedure
An applicant whose request for information is refused, or who is otherwise not satisfied with the information provided, its format or the extension of the deadline for the submission of the notification indicating whether a request would be met or not, may address a complaint to the Agency. Complaints may be submitted to the Public Authority by e-mail to firstname.lastname@example.org, through the FOI Portal www.foi.gov.mt via the e-ID or through the online form. The complaint should be addressed to the Public Authority’s FOI Officer, who shall bring the complaint to the attention of the officer responsible.
The officer responsible shall reply to the applicant within 10 working days from the receipt of the complaint. The applicant shall also be informed that he or she may appeal the decision or otherwise address a complaint to the Information and Data Protection Commissioner in accordance with the Freedom of Information Act (Cap. 496) of the Laws of Malta and its Subsidiary Legislation. The officer responsible shall inform the applicant of the decision taken with respect to his or her complaint, and in the event of confirmation of a decision not to release the pertinent information, shall explain the reasons thereof.
Whenever the applicant’s complaint is related to the format of the information provided or to an extension of the deadline for the submission of the notification indicating whether a request would be met or not by the Public Authority and the original decision is upheld, the applicant shall be given an explanation as to why his or her complaint cannot be positively addressed. An applicant may also make use of the Internal Complaints Procedure to report failure to meet deadlines or to send notifications. In those cases where the request for information can be met, but has not been met within the deadlines specified by the Act, the officer responsible shall waive any applicable fees for the submission of information.
Cheques are payable to:
Aġenzija Komunità Malta
Office hours (Exceptional Services by Direct Investment):
Monday – Friday, 08:00 – 15:00
Office hours (Citizenship):
Monday – Friday, 07:30 – 11:30
Wednesdays closed all year round