MALTA: COUNTRY AND FOREIGN INVESTMENT REGIME

Malta Geography

Malta Population, Language and Culture

It is estimated that the total population of the islands will be just over 405,000 In July 2009. The official languages are Maltese and English; Italian is also widely spoken. The civilisation is one of the oldest in the Mediterranean dating back to circa 5,000 years BC. St Paul is believed to have been shipwrecked on Malta, whose strategic position in the Mediterranean has made it an important cultural and commercial centre. The crusading order of the Knights of St John established their base in Malta, where in the 16th century they famously withstood a siege by 30,000 soldiers of Suleyman the Magnificent's Ottoman Empire. The islanders' stout defence against the Germans in the Second World War is an equally famous chapter in history, and gained the island a collective George Cross from the British.

The islands' architecture, language and culture are an intriguing and unique blend of Mediterranean and Arabic influences. The catholic religion is dominant, and a plethora of churches built from local stone, and accompanying fiestas with loud fireworks, is a marked feature of Maltese life.

After almost 150 years as a British colony, the Maltese islands declared independence in 1964. Ten years afterwards Malta became a republic within the British Commonwealth. The economy slumped after the withdrawal of the British military in 1979, and for a while local political conditions were not propitious for business development. Tourism however continued to thrive, and in the last ten years Malta has made an effort to become more business-friendly, making use of the institutions, infrastructure and public administration left behind by the British.

Malta was one of the ten countries that joined the EU in May, 2004.

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Malta Government

Malta is a politically stable parliamentary democracy on the Westminster model, based on the Constitution of 1964 (modified in 1974). The President is the Head of State, but executive power lies with the Prime Minister and Cabinet; Ministers are appointed from among elected MPs. Malta has declared itself neutral territory.

There is a single House of Representatives, with 65 members elected on a single, transferable vote system. The pro-European Nationalist Party was confirmed in power in elections in April, 2003. The PN gained a majority of over 51% from a very high turnout of 96%, in what was seen as the most crucial election in the country's history. The result was interpreted as a confirmation of a yes vote in an EU referendum in March, bringing to an end months of emotional and often bitter debate on the subject of EU membership. The status quo was maintained after the March 2008 election. The next election is due to be held by March 2013.

Malta's judiciary is independent. The chief justice and seventeen judges are appointed by the president on the advice of the prime minister after consultation with the leader of the opposition. The senior court is the Constitutional Court, which has limited jurisdiction; there is a Court of Appeal which handles most appeals from lower courts. The legal system is based on of civil (Roman) law, but with a strong admixture of English law as would be expected, particularly in commercial and some financial law.

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Malta Economy and Currency

Malta is less affluent than its European neighbours. The economy is heavily dependent on tourism, which accounts for 35% of GDP; there are about 1.2 million visitors a year. Manufacturing industry represents about 25% of GDP. GDP per head is about $24,200 (2008 est), at the lower end of the range of EU figures, but roughly equivalent to Cyprus, and above those of the other new EU member states. GDP growth in 2008 was estimated at 3%.

Unemployment was at 3.9% in 2007, having fallen in recent years, but had risen again, to 6.4%, in 2008; inflation rose to 3.4% in 2006 and 4.4% in 2008; public debt has stabilised after rising quickly to 95% (including nationalised industries) in 1997 due to lax public finances. The labour government in 1996/98 adopted prudent fiscal policies, restraining public expenditure and improving Malta's structural trade deficit. The government deficit was still running at nearly 7% of GDP by 2004, but by 2006 had been reduced to less than 3% of GDP.

Exports are rising, but with limited agricultural land and wholly lacking in energy resources, Malta inevitably imports a great deal. The new PN administration has continued with sound financial policies, and has begun liberalisation and privatisation of various parts of the economy in line with EU requirements.

With GDP below 75% of the Community average, the Commission said in 2006 that the entire territory of Malta will continue to be eligible for regional investment aid at a maximum aid intensity of 30% of the eligible costs. For the period 2007-2013, Malta expects to receive EUR840 million regional aid to deliver growth and jobs.

The Central Bank of Malta used to apply exchange controls under the terms of the Exchange Control Act 1972. Current transactions were freed from exchange controls in 1994; capital controls were removed in 2004 as part of EU entry. The Maltese corporate forms likely to be used as offshore or non-resident entities were in any case all exempt from exchange controls. See Offshore Legal and Tax Regimes for further details.

In May, 2005, Malta was accepted into the EU's ERMII (Exchange Rate Mechanism), setting the country on a path towards full adoption of the Euro as from January, 2008. The Council fixed the equivalent rate for the Maltese lira at 0.429300 for one euro.

Interest rates used to be controlled in Malta, but were effectively liberalised in 1995 when the Central Bank increased the ceiling on lending rates to 10% above the discount rate. There remain some controls on interest rates on loans for the purchase of residential property.

The Euro has now been officially adopted and is in full circulation in Malta.

In a 2008 report, the IMF statement said that the Maltese authorities must be commended for the successful adoption of the euro on January 1, 2008, calling it "a crucial landmark in their growth-oriented reform agenda".

This agenda appropriately aims at leveraging Malta's strengths and income-generating potential through closer integration in the European and global economies, the IMF suggested.

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Malta Stock Exchange

The Malta Stock Exchange Act 1990 led to the opening of a stock exchange towards the end of 1992. Management of the exchange is in the hands of a Council, headed by the Chairman. The Council is responsible for approval of applications for listing and for supervising performance of the ongoing obligations of listed companies. Prospectus and listing requirements are in line with EU standards.

Trading on the Exchange, which had a rather slow start, was on a weekly basis until 1998, when the listing of Maltacom led to daily trading.

In 2001 the Exchange saw the introduction of remote trading and the relocation to new premises. The trading floor disappeared and stockbrokers now trade directly from their offices, enabling them to provide a better and more immediate service to their clients. There was a considerable increase in the number of primary listings of Collective Investment Funds, while secondary listings rose steadily throughout the year. The number of licensed stockbrokers increased from 15 up to 20 with another four financial intermediaries being authorised by the Council for a total of 14 by the end of the year.

During 2001 the Exchange obtained Associate Membership of the Federation of European Securities Exchanges after undergoing a rigorous evaluation process by the Federation itself covering, in particular, regulatory and trading operations as well as compliance with EU Directives.

As of the end of 2004, there were fourteen equity listings and twenty-seven corporate bonds listed on the Exchange, along with some Maltese Government stocks. The exchange had listings for about 40 mutual funds names such as Fidelity and HSBC. Total Market Capitalisation at the end of July, 2005 stood at Lm 2.5 bn, up from Lm 2.1 bn a year previously.

2005 saw improved levels of trading, and rise of 63% in the market index. Market capitalization at the end of 2005 was Lm 2.9 bn.

The Exchange is careful to monitor activity for possible money-laundering, and submitted itself to inspection by the Financial Action Task Force in 1998, with positive results.

Amendments made to the Malta Stock Exchange Act in 2002 provide for virtually the complete removal of the Exchange’s regulatory functions in particular those concerning admission to listing and licensing of stockbrokers; these functions will be the responsibility of the Financial Services Authority in future.

The investment fund sector in Malta is quite small. However, the growing success of the stock exchange in attracting mutual fund listings may well lead to an increase in the number of funds actually based in Malta. Investment Funds in Malta are licensed by the Malta Financial Services Centre under the Investment Services Act 1994. Licensed funds are exempt from taxation, although they can choose to pay tax at 25%, in which case generous deductions can be claimed against income and the fund has access to Malta's network of double taxation treaties (see Offshore Legal and Tax Regime and Double Taxation Treaties.)

The Prevention of Financial Markets Abuse Act, 2005, repealed the Insider Dealing and Market Abuse Offences Act and updated rules regarding inside information and disclosure.

The new laws put in place more detailed provisions against market manipulation, and lay down rules concerning the dissemination of information by journalists and researchers pertaining to financial instruments, in addition to stating that all interests and conflicts of interests must be fully declared.

The Act also covers issuers and their managers, ordinary investors, national statistics bodies, competent authorities in Malta and abroad, operators of recognised investment exchanges and other insiders.

The new provisions legislate for administrative sanctions by the competent authority as well as criminal sanctions imposed by the courts, and introduce the concept of the freezing of funds, which may be carried out upon the request of the Attorney General in a written statement known as a ‘freezing order’.

With effect from December 29, 2005 the UK HM Revenue and Customs designated the Exchange as a Recognised Stock Exchange under Section 841(10(b) – Income and Corporation Taxes Act of 1998. With effect from the same date the Exchange was also regarded as a recognised stock exchange for Inheritance Tax purposes.

The Malta Stock Exchange was accepted as a full member of the Association of National Numbering Agencies, or ANNA in November 2006.

The objective of ANNA is to make available to its members and the securities industry as a whole, a standardised and uniform structure for use in any application for the trading and administration of securities in the international securities industry.

The Malta Stock Exchange’s relationship with ANNA originally started in 1992, when the ISO Standard for International Securities Identification Number (ISIN) was adopted for all securities listed and traded on the Malta Stock Exchange.

Commenting on the annual results of Malta's Stock Exchange for 2007, Maltese Parliamentary Secretary with the Ministry of Finance, Tonio Fenech, said: "It is my pleasure to announce another period of good performance for the Malta Stock Exchange. This is not just because of the positive results shown for the period where an increase in pre-tax profit of 15% is reported over 2006 to reach EUR1.3m. More critically the importance of these results lies in the resurgence in listings in 2007, as well as the increased participation of active Maltese investors."

In 2007, there were nine new bond issues, two new equity issues and thirty Government Stock and Treasury Bill issues. The total new primary listings raised EUR808m in 2007, and this excludes Government Treasury Bills.

Fenech went on to add:

"We have always recognised the Stock Exchange to be a strategic component of Malta’s financial services industry. It enables investors to capitalise companies for growth in various industries. It provides an alternative investment channel for the Maltese. It also provides a more complete range of financial services for local and foreign companies in Malta, or companies wishing to tap our market and potential."

"With this in mind, during 2007 we had embarked on a number of initiatives to achieve this type of growth in the financial services industry as well as all other industries. In the first quarter of 2007 we changed our tax code in agreement with the European Commission, to make this competitive and attractive to both local and international business."

"We then created FinanceMalta to act as both a marketing arm to the finance industry as well as our consultative channel with the industry through the Board, the Associations, and the expert groups within. FinanceMalta has worked well in 2007 and continues to do so through its 2008 programme and strategic agreements that support its marketing and public relations drive," he continued, going on to state that:

"We have also changed the Financial Markets Act to enable the Malta Stock Exchange to restructure itself to take advantage of valuable opportunities that complement the financial industry in Malta. This has led to the creation of CSD (Malta) plc, a sister company to the stock exchange that will handle the certificate depositary business."

"The Stock Exchange has also started to handle Treasury Bills issued by government and to have these cleared and settled on the same day. Treasury bills are an important instrument to the functioning of Government. Liquid and well run primary and secondary markets add value to these securities."

Fenech then went on to talk about more recent developments, revealing that:

"We have, only a couple of days ago, announced our entry to the final stages of a Double Taxation Agreement with the USA. This is critical to better business links with the world’s largest market. This announcement by the US Treasury is a critical milestone in the process since it gives adequate notice to organisations in their business planning phase who may be considering new countries to invest in."

He concluded his speech by announcing that:

"It is the Malta Stock Exchange’s intention to continue the success shown through further strategic initiatives in 2008 aimed at increasing the range of services on offer to issuers, investors and intermediaries."

"The Exchange will continue to work on compliance with its international commitments and will offer access and interoperability to its core systems. It is also working on improving market liquidity, and attracting more companies to the market, especially the smaller family-owned companies as well as smaller overseas companies."

"The Exchange is also deepening its international presence and roots. It is currently working on memoranda with the Shanghai Stock Exchange in China and the Cypriot Stock Exchange, pending clearance from the Malta Financial Services Authority, to introduce shipping related investment products of interest to Malta."

"Truly, the Stock Exchange is and will continue to be the main trading venue for Malta into the foreseeable future. It is now left to me to congratulate the Chairman and Board, as well as the staff of the Malta Stock Exchange who have worked for this success."

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Malta Entry and Residence

As a member state of the European Union from May, 2004, Malta no longer applies restrictions to the movements of nationals of other EU member states.

Single-entry visas cost £23.50 and are valid for one month; transit visas cost £18. Multiple-entry visas for 1 year are issued only by the Immigration Police in Malta. Visa fees have been waived for nationals of Algeria. For renewal or extension, apply to the High Commission or Embassy.

Anyone who wishes to reside permanently in Malta must apply for a residency permit under the 1988 Residence Scheme. An applicant must provide evidence of sufficient capital (Lm150,000 = $400,000) or an annual income of Lm10,000 (=27,000). A permit holder must buy or rent property on the island, but benefits from tax and import duty incentives.

Under a new law providing for dual citizenship, enacted in February 2000, 1,064 individuals who were Maltese citizens by birth but then lost their citizenship by emigrating were re-awarded their Maltese status in May 2001 after satisfying certain conditions.

As of December 21, 2007, Malta became part of the Schengen area. European Commission President José Manuel Barroso announced ahead of the enlargement of the area that:

"As from this week, people can travel hassle-free between 24 countries of the Schengen area without internal land and sea border controls- from Portugal to Poland and from Greece to Finland. I wish to congratulate the nine new Schengen members, the Portuguese presidency and all EU Member States for their efforts. Together we have overcome border controls as man-made obstacles to peace, freedom and unity in Europe, while creating the conditions for increased security".

Following enlargement, all citizens of the enlarged Schengen space will benefit from quicker and easier travelling. From December 21, 2007 onwards, a citizen can travel from the Iberian Peninsula to the Baltic States and from Greece to Finland without border checks.

Explaining the likely benefits of the enlargement of the Schengen area, the EC stated that:

"For bona fide travellers, travels in an enlarged EU will be faster and easier. A third country national will be able to travel on the basis of one Schengen visa and will not need separate national visas."

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Malta Business Environment

Malta has an excellent business infrastructure with good telecommunications; this coupled with the widespread use of the English language and a reasonably open and efficient public administration makes the island a very convenient and effective business base. Valletta, the administrative capital, is also the chief business centre.

The Government, after a bad period in the 70's, is welcoming to external investment, and foreigners are permitted 100% ownership of enterprises in almost all sectors. There are extensive investment incentive schemes (see below). More than 200 foreign companies have set up manufacturing operations in Malta.

There are a number of local banks, but foreign banking activity was heavily controlled in Malta until quite recently. Business legislation has created special offshore regimes for a variety of types of business , including shipping companies, mutual funds and banks. There is also legislation for Trusts modelled on English trust law, which was updated in 2004.

Taxation for offshore entities is very light, and Malta is unusual among low-tax countries in having tax treaties with 45 other countries, including most OECD countries.

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Malta Marsaxlokk Bay Freeport

The Malta Freeports Act 1989 offers a number of fiscal and other incentives to companies licensed by the Freeport Authority, guaranteed against claw-back for 15 years. They include exemption from customs duties, income tax, stamp duty, withholding tax (except for distributions to Maltese residents), exchange control and death duties. Employees of Freeport companies have a (small) income tax reduction, and may import personal items duty and tax free for the fist six months of their stay.

The Freeport, at Marsaxlokk Bay, has extensive storage facilities, including a container terminal. There is a ship repair facility, and a number of other support services are available.

In order to gain a Freeport license, a company must be incorporated in Malta and must operate under one of the following headings:

• (i) the labelling, packaging, sorting, warehousing, storage, exhibition or assembly of any goods, materials, commodities, equipment, plant or machinery; or
• (ii) any activity concerned solely with the conduct of a Freeport including, but not limited to stevedoring, wharfage, operation of terminals and container handling; or
• (iii) the rendering of services analogous or complementary to the activities mentioned in (i) above.

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Malta Investments by Foreigners

The Maltese government actively promotes foreign investment, particularly into the high technology sector. The Industrial Development Act 1988 introduced incentives and benefits for foreign investors, which were administered by the Malta Development Corporation. Some incentives were automatic, others were at the discretion of the Malta Development Corporation. Incentives included tax holidays, exemption from withholding tax, accelerated capital allowances, export promotion allowances, subsidised factories, customs duty relief, training grants, reduced tax rates, soft loans, etc.

In April 2001, the government amended the Industrial Development Act to incorporate a new incentive package to boost existing and new investment, primarily in the manufacturing sector which employs over 30,000 people and which, together with tourism and the services sector, is a key element of Malta's economy.

The incentives on offer no longer depend on whether a company exports or not. They are meant to promote productivity growth regardless of where the product is sold. The new package contains not only new tax incentives, with reduced rates of corporate tax which start from 5 per cent and move up to 15 per cent over a 15-year period, but also investment tax credits, a value added incentive scheme, special provisions for small businesses, and other incentives related to training and job creation.

These incentives will not only be available to prospective investors, but also to existing ones ensuring that all companies can retain and increase their investment in Malta.

It is possible for foreign companies to employ expatriates subject to approval; normally the company would have to provide training or an understudy situation in order to bring Maltese nationals up to speed in the jobs occupied.

As part of Malta's preparations for EU entry, the Government replaced the IDA in 2001 with a Business Promotion Act which removed discriminatory treatment of certain types of company, giving all companies access to a more modest range of fiscal benefits. These are described in detail here.

In January, 2004, the government launched Malta Enterprise, a new body tasked with attracting more foreign direct investment (FDI) to the island. The umbrella body, which is assuming the roles of the Malta Development Corporation (MDC), the Malta External Trade Corporation (METCO), and the Institute for the Promotion of Small Enterprise (IPSE), has been divided into three main business units, according to its CEO, Philip Micallef.

The first unit is responsible for business development, which includes attracting FDI, trade promotion, marketing strategies, knowledge management, and foreign offices. The second unit is primarily responsible for client relationship management, whilst the third deals with corporate services.

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