2017 Investment Climate Statements: Malta

Attitude Toward Foreign Direct Investment

Malta seeks foreign direct investment (FDI) to increase its rate of economic growth. The government provides incentives to attract investment in high-tech manufacturing (including plastics, precision engineering, electronic components, automotive components, and health technologies, such as pharmaceuticals manufacturing, and life sciences), information and communications technology (ICT), research and development, aerospace and aviation maintenance, education and training, registration of ships and aircrafts, transshipment and related service industries, finance services, and digital gaming.

Malta’s comparative advantages include membership in the EU, the Eurozone, and the Schengen Zone; competitive wage rates (even though the standard of living is high, labor costs are relatively low compared with other EU countries); a highly skilled, English-speaking labor force; proximity to European and North African markets; a fair and transparent business environment; and excellent telecommunications and transport connections. Malta also offers financial, tax, and other investment incentives in order to attract FDI. Foreign investment plays an integral part in the government’s policies to reduce the role of the state in the economy and increase private sector activity.

Malta Enterprise, a government organization established to promote FDI in Malta, provides information to prospective investors, processes applications for government investment incentives, and serves as a liaison between investors and other government entities. Malta Enterprise offers an attractive investment package for American and other investors.

Virtually all manufacturing sectors are open to FDI. There are no legal prohibitions against FDI oriented toward sales in Malta’s domestic market. The Government of Malta seeks, as a top priority, companies operating in the following fields:

• Information and communications technology, including electronic components and digital gaming;
• Health technologies, medical equipment, pharmaceuticals and life sciences;
• “Back office” and regional support operations, including call centers;
• Knowledge-based services, including aerospace and defense (aviation maintenance), education and training, and research and development;
• Logistics-based services, including marine technology, warehousing, and oil/gas services; and
• Film industry (Malta has one of the few sets in the world for water/boating scenes).

Limits on Foreign Control and Right to Private Ownership and Establishment

Private foreign investors are free to make equity arrangements as they wish, from joint ventures to full equity ownership.

The government recognizes the right to private ownership in theory and in practice. Private entities are free to establish, acquire, and dispose of interests in business enterprises and engage in all forms of remunerative activity. Many U.S. firms sell their products or services in Malta through licensing, franchise, or similar arrangements. The government normally allows foreign companies to operate in merchandising areas, especially if they operate a licensing, franchising, or similar agreement through a local representative.

It is the government’s stated policy not to allow public enterprises to operate at the expense of private entities. Some sectors, such as electricity generation, are now also open to private sector participation. The government provides private enterprises with the same opportunities as public enterprises for access to markets and other business operations.

Other Investment Policy Reviews

The Government of Malta has not undergone any third-party investment policy reviews through a multilateral organization in the last three years.

Business Facilitation

The Maltese Commercial Code  provides for the establishment of several types of business entities according to the needs of an individual investor when setting up a company in Malta.

The following are the different available structures:

• Private limited liability companies;
• Public limited liability companies;
• General partnerships; and
• Limited partnerships.

Foreign companies can also open subsidiaries or branch offices in Malta .

When setting up a Maltese private company,  the minimum share capital amount accepted is EUR1,165 (USD 1,290), while the minimum for a public company is approximately EUR 46,600 (USD51,550) of which 25 percent must be deposited prior to registration. In the case of private companies with an authorized share capital exceeding the minimum requirements, only 20 percent of the amount must be deposited.

The maximum amount of shareholders is 50 and minimum number is 2 (although a single member company may also be registered under the Companies Act).

The following are the main steps required to set up a company in Malta:

• Reserve a company name with the Maltese Commercial Register ;
• Draft the company’s memorandum and articles of association;
• Deposit the minimum share capital; and
• File the application with the Malta Registrar of Companies.
• The documents to be filed with the Malta Registrar of Companies are:
• The memorandum and articles of association;
• A confirmation of the company name reservation;
• The bank receipt confirming the share capital deposit; and
• Passport copies of the shareholders, directors, and company secretary.

The Memorandum must be presented to the Registrar of Companies accompanied by a check to the MFSA covering the registration fees, as well as a bank receipt as proof of payment of the initial share capital. The MFSA may also request that due diligence on the directors, shareholders, and/or beneficial owners be provided before proceeding with the incorporation. Upon incorporation, companies must pay a registration fee is payable to the MFSA according to the amount of share capital held by the company.

Once all of the above requirements are satisfied, incorporation of a company can normally be carried out within two to three working days. Once incorporation is complete, the MFSA will publish a Certificate of Incorporation which will also display the company registration number.

MFSA website: http://mfsa.com.mt/ .

The Government of Malta also offers a one-stop shop for small and medium-sized enterprises (SMEs) – Business First – that assists companies with all processing services and information to establish a company. Business First brings more than 50 essential services from various government departments and entities under one roof. It assists all enterprises based in Malta, including micro enterprises, SMEs, and larger companies and foreign investors wishing to set up in the country.

Outward Investment

TradeMalta, incorporated in 2014, is a public-private partnership between the government and the Chamber of Commerce to help Malta-based enterprises internationalize. TradeMalta is also the national organization tasked with marketing and coordinating both incoming and outgoing trade missions, promoting participation in international trade fairs, facilitating bilateral trade meetings, and researching new market opportunities.

The organization provides specialized training programs in international business development and marketing and administers a number of incentives schemes and internationalization programs aimed at both novice and experienced exporters.

The government actively supports and promotes franchising, joint-ventures, and other forms of international business opportunities between Malta-based businesses and foreign companies.

The United States and Malta have not signed a Bilateral Investment Treaty. However, the United States has maintained a Commerce and Navigation Treaty with Malta since 1815, initially in its capacity as a British colony, and, upon Malta’s independence in 1964, on its own behalf. The primary aim of this agreement is to ensure non-discriminatory treatment for bilateral trade and investments. Malta has similar investor protection accords with Albania, Austria, Belgium/Luxembourg Economic Union, Bulgaria, China, Croatia, Cyprus, Czech Republic, Egypt, France, Germany, Italy, Kuwait, Libya, Montenegro, Netherlands, Serbia, Slovakia, Slovenia, Sweden, Switzerland, Tunisia, Turkey, and the United Kingdom.

In 2010, the United States signed a double taxation agreement with Malta. Malta also benefits from treaties with investment provisions with ACP (African, Caribbean and Pacific Group of States), Albania, Algeria, ANCOM (Andean Community), Armenia, ASEAN (Association of South-East Asian Nations), Azerbaijan, Bangladesh, Belarus, Bosnia and Herzegovina, Brazil, CACM (Central American Common Market), Cambodia, Cameroon, Canada, CARICOM (Caribbean Community), Chile, China, Colombia, Côte d’Ivoire, Dominican Republic, Ecuador,

EFTA (European Free Trade Association), Egypt, ESA (Eastern and Southern Africa), GCC (Gulf Cooperation Council), Georgia, India, Iraq, Israel, Jordan, Kazakhstan, Korea, Kyrgyzstan, Laos, Lebanon, Macao, Macedonia, MERCOSUR (Mercado Común Sudamericano, Mexico, Moldova, Mongolia, Montenegro, Morocco, Nepal, OCT (Overseas Countries and Territories), Pakistan, Palestine, Paraguay, Peru, Russia, SADC (Southern African Development Community), Serbia, Singapore, South Africa, Sri Lanka, Tajikistan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, Uruguay, Uzbekistan, Vietnam, and Yemen.

Transparency of the Regulatory System

Malta has transparent and effective policies and regulations to foster competition. It has revised labor, safety, health, and other laws to conform to EU standards.

International Regulatory Considerations

Malta’s regulatory system is derived from the acquis communautaire, the body of laws, rights, and obligations that are binding on all EU member states. Consequently, trade and investment relations with third countries are an EU responsibility under the Common Commercial Policy. However, with respect to investment, Malta does have some competence in certain investment aspects. In particular, where the EU does not have or is not negotiating an investment protection agreement, Malta can hold or negotiate one unilaterally. Malta also maintains competence in the areas of transport and portfolio investment.

Malta became a World Trade Organization (WTO) member on January 1, 1995. However, all draft technical regulations to the WTO Committee on Technical Barriers to Trade are now made at the EU level.

Legal System and Judicial Independence

Malta’s Commercial Code regulates commercial activities and related legislation, such as the Banking Act, the Central Bank of Malta Act, and bankruptcy. In cases of bankruptcy, the court appoints a curator to liquidate the assets of the bankrupt company, organization, or individual, and distributes the proceeds among the creditors.

The Maltese judiciary is independent, and courts are divided into superior courts, presided over by judges, and inferior courts, presided over by magistrates. Inferior courts have jurisdiction over minor offenses of a criminal nature and small civil matters. The judiciary traditionally functions through the Criminal, Civil, and Constitutional courts. The First Hall of the Civil Court hears commercial cases. Malta has a Criminal Court of Appeal and a second Court of Appeal for all other matters. The Constitutional Court has jurisdiction to hear and determine questions and appeals on constitutional issues. There are also a number of administrative tribunals, such as the Industrial Tribunal, the Rent Regulation Board, and the Board of Special Commissioners for income tax purposes. Malta adopted the European Convention of Human Rights as part of Malta’s domestic law in 1987.

The Maltese judiciary has a long tradition of independence. Once appointed to the bench, judges and magistrates have fixed salaries that do not require annual approval. Judges cannot be dismissed, except by a two-thirds vote in the House of Representatives for a proven misbehavior or the inability to exercise properly their function. The Maltese Constitution guarantees the separation of powers between the executive and the judiciary and a fair trial.

Laws and Regulations on Foreign Direct Investment

Several laws govern foreign investment in Malta. The Income Tax Act of 1948 (as amended) establishes a single rate of taxation of 35 percent on income for limited liability companies in Malta. In certain qualifying cases, this rate falls to five percent through a system of tax refunds on dividends paid. The Business Promotion Act authorizes the Government of Malta to allocate fiscal and other incentives to companies engaged in manufacturing (including software development), repair, or maintenance activities. The Malta Enterprise Act of 2003 enables Malta Enterprise to develop and administer incentives and other forms of support to liberalize and update legislation relevant to FDI. The Companies Act of 1995 regulates the creation of limited liability companies. The Companies Act also provides for the establishment of investment companies with variable share capital (SICAVS) and companies with share capital denominated in a foreign currency. The Malta Financial Services Authority Act of 1989 established the Malta Financial Services Authority (MFSA), which is responsible for the regulation of banking and investment services in Malta. The Investment Services Act of 1994 regulates investment services in the banking and insurance sectors.

Competition and Anti-Trust Laws

Malta is a free-trade, open-economy country. The government does not approve or restrict any FDI, as long as it complies with EU and national regulations. Malta Enterprise reviews FDI before granting any incentives to a private entity or business. A due diligence process is carried out prior to approving greenfield investments. The MFSA undertakes the filings and regulatory screenings on financial investments.

Expropriation and Compensation

The Government of Malta, in exceptional instances, expropriates private property for public purposes. In such cases, the government must take action in a non-discriminatory manner and in accordance with established principles of international law. Investors and lenders of expropriated property receive prompt, adequate, and effective compensation. The government has not appropriated any land in the last decade, no particular sectors are at risk for expropriation or similar actions, and no laws force local ownership.

Dispute Settlement

ICSID Convention and New York Convention

In 2002, Malta signed the Convention on the Settlement of Investment Disputes (ICSID). Malta is also a member of the New York Convention of 1958 on the recognition and enforcement of foreign arbitration awards (UNCITRAL).

Investor-State Dispute Settlement

There have been no significant investment disputes over the past few years involving U.S. or other foreign investors or contractors in Malta. In a limited number of cases, American investors have identified difficulties in obtaining fair legal resolutions, especially in disputes with Maltese parties. Courts in Malta are slow in processing cases, although a propped reform to increase efficiency in the judicial system is pending.

International Commercial Arbitration and Foreign Courts

Malta honors the enforcement of foreign court judgments and foreign arbitration awards. Bilateral investment treaties, which Malta has with several countries (see section 3, Bilateral Investment Agreements), provide for the acceptable methods of settling disputes connected with citizens of those countries.

Bankruptcy Regulations

The Companies Act and the Commercial Code Bankruptcy in Malta and the Set-off and Netting on Insolvency Act of 2003 regulate bankruptcy. The latter provides for the set-off and netting due to each party with respect to mutual credits, mutual debts, or other mutual dealings that are enforceable whether before or after bankruptcy or insolvency.

The Maltese insolvency law regime distinguishes between bankruptcies of a person or a commercial partnership other than a company. When a company cannot pay its debts, it may initiate insolvency proceedings. In such a case, the court examines carefully whether the financial situation of the company justifies its winding down or whether it could remain operational and continue to pay its debts.

Any officer of a company who, in the twelve months prior to the deemed date of dissolution, concealed assets or documents, disposed of assets, or otherwise acted in a fraudulent manner may be criminally liable. Separately, courts may find any such officer civilly liable for the act and require him or her to pay back to the company any moneys due. The law also provides for proceedings in case of wrongful trading by directors and fraudulent trading by any officer of the company.

According to latest data collected by the World Bank Doing Business report, resolving insolvency in Malta generally takes three years and costs ten percent of the debtor’s estate, with the most likely outcome requiring the piecemeal sale of the company. The average recovery rate is 40.7 cents on the dollar. Globally, Malta stands at 84^th in the ranking of 190 economies on the ease of resolving insolvency.

Investment Incentives

The Government of Malta offers several investment incentives to attract FDI. All investment incentives are specified by law and cannot be made available in an ad hoc manner. However, the way in which incentives are designed allows the opportunity to offer relatively tailor-made solutions, even though treatment of domestic and non-Maltese investors is identical. There are no stated requirements that a foreign investor should transfer technology, employ Maltese nationals, or reduce his shareholding interest over time. These factors might, however, influence Malta Enterprise’s decision regarding a firm’s application for assistance. Malta Enterprise monitors compliance with any conditions set by the government as a condition of government assistance. Investors are not required to disclose proprietary information.

Investment Tax Credits

Companies in a targeted sector are entitled to a tax credit calculated as follows:

• As a percentage of qualifying capital expenditure (currently granting 15 percent for a large enterprise, 25 percent for a medium enterprise, and 35 percent for a small to micro enterprise. As of January 2018 the applicable percentages will drop to 10, 20, and 30 percent, respectively); or
• As a percentage of the wage cost for the first 24 months of a newly created job (currently, 15 percent for a large enterprise; 25 percent for a medium enterprise, and 35 percent for a small and micro enterprise).

Access to Finance:

Soft Loans: Malta Enterprise supports enterprise though loans at low interest rates for partial financing of investments in qualifying expenditure.

Loan Guarantees: Malta Enterprise may guarantee bank loans taken by a company to finance acquisition of additional assets to be employed in the company’s business.

Loan Interest Subsidies: Malta Enterprise may subsidize the rate of interest payable on bank loans. Loan interest subsidies are not in addition to loan guarantees and applicable to loans provided by banks or other financial institutions.

Micro Guarantee Scheme: Malta Enterprise aims to accelerate the growth of enterprises by facilitating access to debt finance for smaller business undertakings.

Employment and Training: Malta’s employment corporation JobsPlus, formerly known as ETC, supports enterprises in recruiting new employees and training their staff.

SME Development: Incentives to assist SMEs in investing, innovating and expanding or developing their operations through the Micro Invest Scheme. The Ministry for the Economy, Investment and Small Business can also facilitate access to newly-developed crowd-funding platforms.

Enterprise Support: Malta Enterprise provides assistance to businesses to support development of international competitiveness, improve processes, and network with other businesses. Support for trade promotion activities is offered through Trade Malta, Malta’s export and trade promotion agency.

Research and Development: Malta Enterprise offers incentives to support and encourage businesses to engage in industrial research and experimental development, including exploitation of intellectual property through licensing of patented knowledge.

More information on incentives offered by Malta Enterprise can be found at: https://www.maltaenterprise.com/support 

Other Tax Benefits

The Government of Malta offers generous incentives to trading and financial companies registered with the Malta Financial Services Authority. Legislative changes in 1994 removed the distinction between offshore and onshore companies, so that all companies in Malta are subject to a 35 percent tax rate on profits. However, the fact that the Maltese tax system is the only remaining full imputation system in the EU means that a tax paid by a company will essentially remain a prepaid tax on behalf of the tax liability of the shareholders. Shareholders then are entitled to claim a tax refund which may be equivalent to roughly 85 percent (in the case of trading income) of the tax paid at the corporate level.

Companies operating within the Malta Freeport, a customs-free zone, may also benefit from reduced rates of taxation and investment tax credits.

Research and Development

The Government of Malta offers specific incentives for companies to engage in industrial research and development (see “Investment Incentives” section above). The government does not differentiate between U.S. or foreign firms and local firms regarding participation in incentive programs.

U.S. companies also can partner with local firms to participate in Horizon 2020, the EU Framework program for funding research and innovation. Horizon 2020 will run until 2020 and has a budget of EUR 80 billion (USD 88.5 billion).

Foreign Trade Zones/Free Ports/Trade Facilitation

Malta’s Freeport container port offers modern transshipment facilities, storage, assembling and processing operations, as well as an oil terminal and bunkering facilities. Malta Freeport Terminals Ltd., a private company, operates the Freeport under a long-term concession agreement, handling container vessels at 18,000 TEU and larger at each of its two container terminals.

For a company to carry out business within the Freeport zone, Malta Freeport Authority must grant it a license, and its operations must complement the Freeport’s activities. Through the utilization of these facilities, clients can engage in an extensive range of handling operations, including cargo consolidation, break-bulk, storage, re-packing, re-labelling and onward shipping. Malta Freeport also offers assembly and processing options in accordance with the Malta Freeports Act. The operator must ensure that it does not label goods that have been processed in the Freeport with Malta as their country of origin, unless their identity has been substantially transformed with the zone. Companies operating within the Freeport benefit from reduced tax rates, as well as investment tax credits without customs interventions.

The Freeport offers round-the-clock industrial storage operations supported by a highly developed, customized infrastructure, as well as extensive transport networks which link Malta to various important markets on a regular basis, including port connections in North America, Central America, and South America. Warehousing facilities lie only six kilometers from the island’s international airport, offering excellent opportunities for sea and air links stretching worldwide. In late 2016, the government issued a call for expressions of interest for the development of a logistics hub. The aim of this project is to attract local or international operators to submit their proposals for the concession of the design, construction, financing, operation and maintenance center of international logistics, on 45,000 square meters of land in Hal Far. The Government of Malta’s vision is to have a strategic hub for international trade, serving as a Free Zone or as a Custom Warehouse.

Performance and Data Localization Requirements

Currently, no performance requirements exist, other than the goals that the investors link to applications for assistance with Malta Enterprise. Foreign investors can repatriate or reinvest profits without restriction and take disputes before the International Center for the Settlement of Investment Disputes (ICSID).

The government does not require foreign investors to establish or maintain data storage in Malta. However, the Malta Gaming Authority (MGA), the independent regulatory body responsible for the governance of all gaming activities, requires gaming companies to hold their data in Malta.

Foreign IT providers incorporated in Malta that process personal data in the context of the activities of an establishment in Malta, qualifying as data controllers within the Data Protection Act, fall within the jurisdiction of the Office of the Data Protection Commissioner. The Data Protection Commissioner stated that there has never been an instance where, during an investigation, the Commissioner has requested access to source code or to encryption functions.

Any transfer of personal data by a controller established in Malta to a third country that does not ensure an adequate level of data protection is subject to the authorization of the Data Protection Commissioner as required by the Data Protection Act. In an attempt to facilitate and harmonize the implementation of this requirement, the European Commission adopted model clauses (Standard Contractual Clauses and Binding Corporate Rules – the latter used for sharing of personal data within a group of companies) which controllers may use for this purpose. No authorization is required for transfers made to EU Member States, members of the European Economic Area EEA, third countries which are, from time to time, recognized by the European Commission to have an adequate level of protection, and to companies which are certified under the EU-U.S. Privacy Shield. Furthermore, any personal data shared (rather than transferred) between data controllers in Malta must rely on a legal basis.

Data controllers processing personal data are subject to the rules emanating from the Data Protection Act. These rules must be observed to ensure that the processing activities are carried out fairly and lawfully and with respect to the data subjects’ fundamental rights and freedoms. The competent authority in Malta which regulates and monitors observance with this law is the Office of the Information and Data Protection Commissioner.

The Data Protection Act transposes the provisions of EC Directive 95/46/EC. This legal framework has been revised over the past years and the General Data Protection Regulation has been adopted in May 2016. The regulation, which is binding in its entirety and directly applicable in all Member States, will apply from May 25, 2018. New obligations are envisaged under the new regulation for data controllers to implement.

Real Property

Property and contractual rights are enforced by means of (a) legal warning; (b) warrants of seizure; (c) warrants of prohibitory injunction; (d) warrants of impediments of departures (if proceedings fall within the jurisdiction of the Criminal Court); and (e) sale of property by court auction. The Code of Organization and Civil Procedures lays out procedures for registering and enforcing judgments of foreign courts. Rights and secured interests over immovable property must be publicly registered in order to be enforceable. The Government of Malta has occasionally been a party to international arbitrations and has abided by tribunal decisions.

Intellectual Property Rights

The Maltese legal system adequately protects and facilitates acquisition and disposition of intellectual property rights. In 2000, Malta implemented the pertinent provisions of the WTO Trade-Related Aspects on Intellectual Property Rights (TRIPS). Malta has fully incorporated EU and WTO rules into national law. Additional information on EU-wide provisions on copyright, patents, trademarks, and designs can be found at:

http://www.europa.eu/comm/internal_market/copyright/news/news_en.htm 

http://www.europa.eu/comm/internal_market/indprop/index_en.htm 

In addition, Malta is a member of the World Intellectual Property Organization (WIPO), the Paris Convention for the Protection of Industrial Property, the Bern Convention for the Protection of Literary and Artistic Works, and the Universal Copyright Convention (UCC).

Malta is not listed in the Notorious Market Report. The Association against Copyright Theft claims that Malta’s local laws do not include high enough minimum fines to deter vendors from selling pirated material. However, the Ministry for Competitiveness and Communications has assured the Embassy that the Government of Malta is taking the necessary steps to remedy the situation. For additional information about treaty obligations and points of contact at local IP offices, please see WIPO’s country profiles at http://www.wipo.int/directory/en/ .

Malta’s Commerce Department within the Ministry for the Economy, Investment and Small Business is responsible for intellectual property-related issues.

Commerce Department

Commerce Department, Lascaris Bastion, Valletta, VLT 1933, Malta
http://commerce.gov.mt/en/Pages/Contact-Details.aspx 
commerce@gov.mt
+356 2122 6688

Capital Markets and Portfolio Investment

Malta’s Stock Exchange was established in 1993. In 2002, the Financial Markets Act effectively replaced the Malta Stock Exchange Act of 1990 as the law regulating the operations and setup of the Malta Stock Exchange. This legislation divested the Malta Stock Exchange of its regulatory functions and transferred these functions to the MFSA. The Financial Markets Act also set up a Listing Authority, which is responsible for granting “Admissibility to Listing” to companies seeking to have their securities listed on the Exchange.

To date, the few companies publicly listed on the Malta Stock Exchange have not faced the threat of hostile takeovers. Malta has no laws or regulations authorizing firms to adopt articles of incorporation/association that would limit foreign investment, participation, or control. Legal, regulatory, and accounting systems are transparent and consistent with international norms; several U.S. auditing firms have local offices.

Money and Banking System

The Maltese banking system is considered sound. In recent years, local commercial banks expanded the scope of their lending portfolios. Capital is available from both public and private sources; both foreign and local companies can obtain capital from local lending facilities. Commercial banks and their subsidiaries can provide loans at commercial interest rates. It is possible for new investors to negotiate soft loans from the government covering up to 75 percent of the projected capital outlay.

No U.S. bank has a branch in Malta, following the tightening of new regulatory requirements, Malta’s banks do not maintain direct corresponding banking relations with U.S. banks. However, HSBC, which is present in Malta, also has a significant U.S. presence. Local banks act as correspondents of several U.S. banks via other EU banks, though such a relationship often results in higher transaction costs.

The majority of banks have stopped opening accounts for companies not operating in Malta or which operate in the electronic gaming sector. The few banks that still offer this service have tightened their due diligence processes, resulting in long delays to open accounts.

Foreign Exchange and Remittances

Foreign Exchange

As long as investors present the appropriate documents to the Central Bank of Malta, there are no limitations on the inflow or outflow of funds for remittances of profits, debt service, capital, capital gains, returns on intellectual property, or imported raw materials. There are no significant delays in converting investment returns to foreign currency after presentation of the necessary documents. Maltese regulations and practices affecting remittances of investment capital and earnings have been streamlined, as several foreign exchange controls were relaxed to conform to EU directives. Malta joined the Eurozone in January 2008.

Remittance Policies

A company incorporated under the laws of Malta is considered ordinarily resident and domiciled in Malta. Companies which are ordinarily resident and domiciled in Malta are subject to tax on their worldwide income. A company which is not incorporated in Malta, but which is managed and controlled in Malta, is subject to tax on a remittance basis on its foreign-sourced income.

Companies subject to tax on a remittance basis are taxed on:

• Income and capital gains deemed to arise in Malta
• Income deemed arise outside Malta and remitted to Malta

Companies subject to the remittance basis are not taxed on:

• Income deemed to arise outside Malta which is not remitted to Malta
• Capital gains arising outside Malta

Companies which are not incorporated in Malta are considered to be resident in Malta when their management and control is shifted to Malta.

Malta has recently amended its rules on the remittance basis of taxation that has impacted persons who though not ordinarily resident or not domiciled in Malta, but who have a spouse who is both ordinarily resident and domiciled in Malta. Furthermore, a new measure has affected the ability of certain highly qualified individuals to benefit from a flat tax rate of 15 percent. These changes, which have became applicable on January 1, 2015, disallowed the application of the remittance basis of taxation in respect of individuals who are either (a) domiciled but not ordinarily resident or (b) ordinarily resident but not domiciled in Malta, whose spouse is both ordinarily resident and domiciled in Malta. In this regard, such individuals will now become taxable on their worldwide income and capital gains, irrespective of receipt/remittance of such income to Malta not domiciled in Malta.

Sovereign Wealth Funds

The Government of Malta does not have a Sovereign Wealth Fund.

The Malta Investment Management Company Limited (MIMCOL) was established in 1988 to manage, restructure, and selectively divest the Government of Malta from state-owned enterprises (SOEs). MIMCOL also promotes private sector investment using cost-effective business practices across various SOEs. MIMCOL created strategies leading to the dissolution of SOEs with limited commercial prospects, as well as the profitable spin-off of non-core operations with commercial potential. MIMCOL’s focus then turned to SOEs deemed of strategic national value, but whose inefficient operations were reflective of a lack of competition. Eventually, MIMCOL groomed most SOEs for privatization and sold off. Today, MIMCOL’s role has evolved into specialized assignments, such as strategic reviews of the management and operations of important parastatal companies and corporations operating in various sectors.

Today, the list of Maltese SOEs under MIMCOL review has decreased to 11 (excluding companies falling under the responsibility of other ministries and investments held directly by the government). This portfolio is not well-defined. Most government investments are held by either the Board of Trustees within the Ministry for the Economy, Investment and Small Business, or by Malta Government Investments Limited (MGI) as an agent for the Government of Malta. There are other state entities which hold shares in companies which are typically special purpose vehicles set up in furtherance of that entity’s operations.

Privatization Program

In recent years, the Maltese government has privatized a number of state-controlled firms, including the country’s largest bank, the postal service, shipyards, energy generation plants, and the wireless telecommunications industry. Although no plans exist to privatize fully Air Malta, the national airline, the Government of Malta is currently considering options for a strategic minority partner.

In 2015, the Government of Malta set up Projects Malta Ltd to coordinate and facilitate public private partnerships between government ministries and the private sector. The government welcomes private investors, Maltese and non-Maltese, in privatization projects. It affords foreign investors equal treatment with domestic investors and sets few limitations on their operations. Foreign investors can repatriate or reinvest profits without restriction and take disputes before the International Center for the Settlement of Investment Disputes (ICSID).

The notion of responsible business conduct (RBC) and corporate social responsibility (CSR) have become more prevalent in Malta in recent years, as global concerns such as climate change have risen to the forefront and as the EU has raised expectations for its member states regarding CSR. An increasing number of companies in Malta recognize the importance of their role in society and the real benefits of adopting a proactive approach to CSR.

The Maltese government does not specifically request adherence to OECD Guidelines for Multinational Enterprises; however, it is expected that multinationals follow generally accepted CSR principles.

Under the Code of Good Corporate Governance Guidelines, issued by the Malta Financial Services Authority in 2006, boards should seek to adhere to accepted CSR principles in day-to-day management practices and to work closely with “suppliers, customers, employees and public authorities.” Although corporate governance guidelines are non-binding in nature, public interest companies should highlight the adherence to such corporate governance principles in their annual reports.

In addition, in line with recent amendments to the Companies Act, the directors’ report that accompanies the annual financial statements, to the extent necessary for an understanding of the undertaking’s development, performance, or position, should include an analysis of both financial and non-financial key performance indicators relevant to the particular business, including information relating to environmental matters.

Maltese law provides criminal penalties for official corruption, and the government generally implements effectively these laws. The Malta Police and the Permanent Commission against Corruption are responsible for combating official corruption. News reports suggest an increasing number of government corruption allegations; however, few have resulted in legal action or resignations.

Exporters and investors should be aware that, generally, all countries prohibit the bribery of their public officials and prohibit their officials from soliciting bribes under domestic laws. Most countries are required to criminalize such bribery and other acts of corruption by virtue of being parties to various international conventions.

Public sector corruption, including bribery of public officials, is not a significant challenge for U.S. firms operating in Malta. The Council of Europe’s Group of States against Corruption (GRECO) completed its fourth evaluation of Malta in the summer of 2015 and published its findings in March 2017. Following the three previous rounds of evaluation and a follow-up compliance review, Malta introduced a number of legislative measures to combat corruption. In the latest published report, the reviewers commended Malta “for the formidable task it embarked upon, when it initiated a broad multi-stakeholder consultation for justice reform culminating in key changes to the Constitution, in August 2016, by which the independence, impartiality, and transparency of the judicial system, as well as self-responsibility within the profession, are substantially strengthened. The establishment of two independent committees for appointment and disciplinary procedures are key achievements in this respect. Further action is required to improve the transparency of judicial complaints processes.”

Malta has taken significant steps to combat corruption, including the establishment in 2002 of the Financial Intelligence Analysis Unit to support domestic and international law enforcement investigative efforts. The Prevention of Money Laundering and Funding of Terrorism Regulations were transposed into Maltese law in July 2008, and conform to EU Directive 2005/60/EC (the Third Directive) and Directive 2006/70/EC.

A 2015 report by the Committee of Experts on the Evaluation of Anti-Money Laundering Measures and the Financing of Terrorism (MONEYVAL) confirms Maltese authorities have taken measures to ensure the anti-money laundering/combatting the financing of terrorism (AML/CFT) regime in Malta is consistent with recognized international standards and practices. The report concluded that Malta should be removed from the mutual evaluation follow-up and moved to the biannual update procedure. Removal from the follow-up procedures indicates that the country has taken sufficient action and has an effective AML/CFT system in force under which it has implemented all core and key recommendations at a level essentially equivalent to Complaint or Largely Compliant, taking into account that there would be no re-rating.

The MONEVAL report is available at http://www.fiumalta.org/library/SiteImages/PDF/moneyval/FourthRnd/4thRound-Evaluation%20Report-Report.pdf .

Local Laws: U.S. firms should familiarize themselves with local anti-corruption laws, and, where appropriate, seek legal counsel. While the U.S. Department of Commerce cannot provide legal advice on local laws, the Department’s Foreign Commercial Service (FCS) can provide assistance with navigating the host country’s legal system and obtaining a list of local legal counsel.

Assistance for U.S. Businesses: The U.S. Department of Commerce offers several services to aid U.S. businesses seeking to address business-related corruption issues. For example, the FCS can provide services that may assist U.S. companies in conducting due diligence as part of the company’s overarching compliance program when choosing business partners or agents overseas. The FCS can be reached directly through its offices in major U.S. and foreign cities or through its website at www.trade.gov/cs .

Guidance on the U.S. Foreign Corrupt Practices Act (FCPA): The Department of Justice’s (DOJ) FCPA Opinion Procedure enables U.S. firms and individuals to request a statement of DOJ’s present enforcement intentions under the anti-bribery provisions of the FCPA regarding any proposed business conduct. The details of the opinion procedure are available on DOJ’s Fraud Section website: http://www.justice.gov/criminal/fraud/fcpa .

UN Anticorruption Convention, OECD Convention on Combatting Bribery

Malta signed the UN Anticorruption Convention in 2005 and ratified it in 2008, but it has not signed the OECD Convention on Combatting Bribery.

Resources to Report Corruption

Complaints or reports can be forwarded to the following in Malta:

Malta Police Commissioner
San Kalcidonju Square, Floriana, Malta
cmru.police@gov.mt
Phone: +356 2122 4001

The Office of the Ombudsman
office@ombudsman.org.mt
11, St Paul Street, Valletta VLT 1210, Malta
Phone: +356 2248 3200

Internal Audit and Investigations Department
Valletta Buildings, Lower Ground Floor, South Street, Valletta, VLT 1103, Malta info.iaid@gov.mt
Phone: +356 2123 7737

Malta is considered to have a safe political system and is secure relative to other countries in the region.

Malta’s labor force currently stands at approximately 193,000 (78.8 percent male). The country’s population is about 425,000, the smallest in the EU. For 2016, the national minimum monthly wage was USD 805 (EUR728). The estimated average gross annual salary of employees stood at USD19,542 (EUR 17,666); this amount refers to the basic salary and excludes extra payments such as overtime, bonuses, and allowances. In 2016, on a sectoral basis, the highest recorded average gross annual salary for employees was in financial and insurance activities. Social insurance contributions add ten percent to the wage bill. Free or subsidized meals, commuting allowances, and health insurance are the most common fringe benefits. In addition, employees are entitled to 24 days of annual leave and public holidays that fall on a weekday. National law establishes a minimum number of sick leave days.

Foreign companies that have invested in Malta have a high regard for the ability, productivity, and learning potential of Maltese workers, nearly all of whom speak English. In some industries, labor productivity is comparable to Western Europe. Maltese managers now run most of the foreign firms in Malta. Malta enjoys one of the lowest strike rates in Western Europe, and labor unrest is unlikely in the foreseeable future. The Government of Malta strictly adheres to the ILO convention protecting workers’ rights.

Malta qualifies for the Overseas Private Investment Corporation (OPIC) investment guarantee programs. Malta’s leading trading partners (the United Kingdom, Germany, France, and Italy) offer risk insurance programs similar to OPIC’s that likewise cover investments in Malta. Malta is a member of the World Bank’s Multilateral Investment Guarantee Agency (MIGA).

*Source: National Statistics Office Malta, Rate of Exchange $1 = €0.904

The discrepancy between the figures provided for FDI stock position between the host country and USG statistical source is attributed to the fact that host country statistics do not include investment relating to special purpose entities (SPEs) for which geographical details are not made available.
Table 3: Sources and Destination of FDI

Sources and Destinations of Malta’s FDI for 2015.

Table 4: Sources of Portfolio Investment

Sources of Malta’s Portfolio Investment for 2015.

Maria Cassar
Economic – Commercial Specialist
U.S. Embassy, Malta
+356 2561 4120
maltabusiness@state.gov