Cap. 620 Art. 9Functions of the Office.

(1) The functions and duties of the Office shall be to:

(a) establish and update a mechanism to screen foreign direct investments carried out in Malta which may affect the security or public order of Malta;

(b) establish and implement appropriate rules of procedure to be followed in executing its obligations emanating from this Act;

(c) commence ex officio investigations when deemed necessary in accordance with this Act;

(d) act as the relevant body concerning screening of foreign direct investment in Malta;

(e) carry out screening procedures of foreign direct investments falling under this Act;

(f) assess, investigate, authorise, condition, prohibit or unwind a foreign direct investment on grounds of security or public order in Malta;

(g) implement a screening decision as defined in this Act;

(h) impose any obligation in order to ensure adherence with conditions that may be imposed as part of a screening decision;

(i) perform monitoring as part of a condition that may be imposed as part of a screening decision;

(j) report annually to the Commission the foreign direct investments that took place in Malta for the preceding calendar year and the information provided to requests received from Member States;

(k) provide to the Commission any information that may be duly justified in terms of this Act and the Regulation;

(l) establish and implement the system by which Malta shall participate in the cooperation mechanism established in the Regulation;

(m) participate in the cooperation mechanism established in the Regulation, as deemed necessary;

(n) liaise with responsible authorities of third countries on issues relating to the screening of foreign direct investments;

(o) charge any such fee which may be deemed reasonable and justifiable for the carrying out of the functions of the Office;

(p) exercise such other functions and duties as may be prescribed.

(2) In its deliberations on specific cases or investments, the Office may require the input of persons engaged in the public sector. Furthermore, the Office may also request appropriate expertise from, or collaboration with, third parties, as it may deem necessary and may enter into agreements with public entities in order to carry out its functions in terms of sub-article (1):

Provided that persons engaged in the public sector shall be obliged to provide any information that may be requested from them in terms of this sub-article within ten (10) working days from receipt of request.

(3) In the exercise of its powers and functions under this Act, the Office shall have the right of access to all relevant information, and may seek clarifications and explanations that it may deem necessary for its deliberations and conclusions.

(4) Save as may be otherwise required for the purposes of this Act, in the exercise of its powers and functions under this Act, the Office shall act in a transparent and non-discriminate manner:

Provided that in ensuring the transparency and non-discrimination of the process, the Office shall not prejudice the commercial sensitivity of the foreign direct investment.

(5) Any information which the Office may obtain in terms of this Act shall be used only for the purpose for which it was originally obtained.

(6) Save as may be otherwise required for the purposes of this Act or any other applicable law, or in the course of a prosecution for any offence committed in relation to this Act, or where ordered by the Courts of Justice, or where the Prime Minister otherwise directs:

(a) every person having an official duty or being employed in the administration of this Act shall regard and deal with all documents and information relating to matters contemplated by or pursuant to the provisions of this Act as secret and confidential and shall make and subscribe before a Commissioner for Oaths a declaration on oath to this effect in the form prescribed which shall be deposited with the State Advocate;