S.L. 452.130 Art. 9Refusal or revocation or varying of licence. 

(1) The Director may, on the recommendation of the

Working Committee, refuse an application submitted by a first time applicant or a licensee for the renewal of a licence, or may revoke a

 licence or vary any of the conditions of a licence, as the case may be, on any of the following grounds:

(a) that the applicant has failed to comply with any of the provisions of these regulations, the Act or of any other regulations made thereunder, or has failed to comply with any conditions laid down in the licence, and the applicant has failed to remedy such non-conformity within thirty (30) days from the date of a communication of the Director of such ground, provided that such non-comformity may be remedied. If the applicant fails to remedy such non-conformity within the said period or if the non-conformity may not be remedied, then in such cases there shall be a ground for refusal or revocation of a licence;

(b) that in the case where the applicant is a legal person, the actual activities of the applicant are not compatible with its objects in accordance with the definition of employment agency or employment business in regulation 2 and the applicant has failed to remedy such default within thirty

(30) days from the date of a communication of the Director of such ground;

(c) that according to the determination of a Working Committee, the competent person is not a fit and proper person to provide the services concerned, based on a full vetting process, or is no longer employed by the licensee in accordance with these regulations;

(d) that according to the determination of a Working Committee, the applicant, where this is a natural person, or any of the directors of the applicant, where this is a legal person, are not individuals who are fit and proper persons, based on a full vetting process;

(e) that, according to the determination of a Working Committee, in the case of a legal person, any person who directly or indirectly owns or controls twenty-five percent (25%) or more of the capital or voting rights in the applicant, or otherwise exercises control over the management of the applicant, is not a fit and proper person, based on a full vetting process;

(f) without prejudice to paragraphs (c) to (e), that any of the persons mentioned in the said paragraphs has, as from the date of coming into force of these regulations, been convicted by a Court in respect of the breach of:

(i) any law relating to immigration, including but not limited to human trafficking; or

(ii) the Act or any regulations issued thereunder, unless the relevant person, having been so convicted for the first time since the date of the coming into force of these regulations, has remedied the breach within thirty (30) days from the date of conviction by the Court, provided such breach may be remedied; if the relevant person fails to remedy such breach within the said period, or if the breach may not be remedied, then in such cases there shall be a ground for refusal or revocation of a licence; in addition, if the relevant person has been convicted in respect of the breach of any law relating to employment for a second time, irrespective of whether the prior breaches have been remedied or not, or if there are pending cases, then in such case this shall also be a ground for refusal or revocation of a licence;

(g) that the applicant does not have a clean record of compliance with tax and social security obligations, including but not limited to having any unpaid taxes or outstanding tax debts and, or unpaid contributions to Malta’s social security system and has failed to remedy such default within thirty (30) days from the date of a communication of the Director of such ground;

(h) that in the case where the applicant is a legal person, the name of the applicant is not consistent with its activities as outlined in paragraph (b) and the applicant has failed to remedy such default within thirty (30) days from the date of a communication of the Director of such ground;

(i) that the Director has acquired knowledge and evidence indicating that the applicant or licensee, as the case may be, has knowingly entered into arrangements or continued to do business with any third party who has charged any fees or demanded any payment from applicants in exchange for employment services;

(j) that the licensee or the competent person nominated by the licensee to manage the employment agency or employment business or any other person responsible for the running of the employment agency or employment business has charged any fees or demanded any payment from applicants for any employment services;

(k) that the applicant for a licence or the licensee, or where the applicant or licensee is a legal person, any director of the applicant or licensee, or every person who directly or indirectly owns or controls twenty-five (25%) or more of the capital or voting rights in the applicant for a licence or the licensee, or otherwise exercises control over the management thereof, or any competent person nominated by the applicant for the licence or by the licensee has been convicted by any Court of any offence under these regulations or in relation to any of the criminal offences mentioned in sub-regulation (2)(d) or (e);

(l) that the licensee has failed to keep the Director informed of any change in the nature of the activities carried out or the procedures adopted or has failed to provide the Director as required by these regulations with the particulars of the person nominated by him as a competent person to manage the employment agency or employment business or to act as a designated employee to assist the competent person;

(m) that the applicant has provided information or made declarations or statements to the Director in relation to the application for the issuing of a licence or its renewal, which were known by the applicant to be inaccurate, false or misleading in any material respect, or information provided recklessly or he made a declaration or statement which is inaccurate, false or misleading in any material respect;

(n) that the employment agency or employment business has been or is being improperly conducted and the licensee has failed to remedy such default within thirty (30) days from the date of a communication of the Director of such ground;

(o) that the applicant has failed to provide, or maintain throughout the applicability of any licence issued, a bank guarantee on the terms provided in accordance with regulation 20(1) and has failed to remedy such default within thirty (30) days from the date of a communication by the Director on such ground;

(p) that a first time applicant or a licensee applying for a renewed licence has failed to provide any information requested by the Director within the time stipulated by the Director or has withdrawn or abandoned the application at any time during a period of twelve (12) months commencing to run from the date of submission of the application; or

(q) that the refusal or revocation or variation of the licence is considered by the Director as desirable for the protection of the general public or the reputation of Malta.

(2) The Director shall carry out the vetting, due diligence and verification process of the eligibility of the applicant, referred to in these regulations as the "full vetting process", in such manner, and according to such processes as the Director may determine from time to time, and such full vetting process may include security verifications to be carried out by law enforcement authorities, who may use available tools for such purposes, as well as all other verifications as regards money laundering and terrorism financing risks by other competent authorities having the necessary authority to conduct such verifications. For the purpose of this regulation, the phrase the "full vetting process" shall include but not be limited to a thorough investigation and evaluation of a relevant person’s background including whether such person:

(a) has been indicted of any offence before the Criminal Court and such person has been found guilty;

(b) is listed with the International Criminal Police Organization (Interpol) or Europol;

(c) is an actual or potential threat to national security, public policy or public health of Malta;

(d) has at any time, been charged with and found guilty of crimes related to:

(i) terrorism;

(ii) fraud and money laundering;

(iii) funding of terrorism;

(iv) crimes against humanity;

(v) war crimes;

(vi) crimes that infringe upon such Protection of Human Rights and Fundamental Freedoms as established by the European Convention on Human Rights; and

(vii) exploitation of workers;

(e) has at any time been charged and found guilty of any of the following criminal offences:

(i) paedophilia;

(ii) defilement of minors;

(iii) rape;

(iv) violent indecent assault;

(v) inducing persons under age to prostitution;

(vi) abduction;

(vii) living off the earnings of the prostitution of others; and

(viii) sexual abuse;

(f) has at any time been found guilty of, or has criminal charges brought against such person for any criminal offence punishable with more than two (2) years imprisonment other than an involuntary offence;

(g) is or is likely to be involved in any activity which may cause disrepute to Malta;

(h) has been denied a visa to a country with whom Malta has visa-free travel arrangements and has not subsequently obtained a visa from that same country;

(i) is named or listed in international sanctions applying restrictive measures on such person that the Director is bound by law, or has opted, to follow.

(3) The Director shall, by means of a public statement, make public the fact that the licence of the applicant has been finally revoked or not renewed on any of the grounds laid down in sub-regulation (1) and shall disclose the name of the person sanctioned, which persons may include the applicant and, or the competent person, the particular breach of the provisions of these regulations and the punishment or measure imposed. Such public statement shall be published by the Director in any press release and, or on any website maintained by the department responsible for employment and industrial relations, for such period of time as the Director shall deem fit. The Director shall further notify of such facts:

(a) Identity Malta Agency, for any required action in respect of applications being processed or permits issued in terms of the Single Application Procedure for a Single Permit as regards Residence and Work and a Common Set of Rights for those Third-Country Workers Legally residing in Malta Regulations, whereby the application has been endorsed by the person or persons sanctioned by the Director, as well as any pending visa applications.

(b) the Malta Police Force:

Provided that the public statement and notifications shall be made not later than one (1) week from the date of final revocation or non-renewal of a licence taking into consideration the time for the filing of an appeal or any appeal filed in accordance with these regulations.

(4) The sanctioned person shall be considered as a black listed person as defined in the Public Procurement Regulations and shall, on this ground, be prohibited from being given a public contract, as also defined by the said regulations, and the Director shall, for the purpose of enforcement of this sub-regulation, notify of the facts referred to in sub-regulation (1) the Director of Contracts for the inclusion of the person so sanctioned to the black list.

(5) (a) Where the Director intends to:

(i) vary any condition to which the licence is subject or to impose a new condition thereon;

(ii) to refuse an application for the licence or its renewal; or

(iii) to revoke a licence, he shall give the applicant or the licensee, as the case may be, a notice in writing of this intention setting out the reasons for such decision:

Provided that in setting out the reasons for such decision, account shall be taken of any restrictions that may be considered as necessary and proportionate measures to protect the sources and confidentiality of legally privileged information collected in the course of the application process or any process undertaken thereafter, to safeguard important information objectives of general public interest of Malta, to protect national and public security, or as may be otherwise imposed by any applicable law.

(b) A notice given under paragraph (a) shall state that the recipient of the notice may, within such reasonable period of time after receipt thereof as may be stipulated in such notice, being a period of not less than forty-eight (48) hours and not longer than thirty (30) days, make representations in writing to the Director giving reasons why the proposed decision should not be taken. The Director shall consider any representation so made before referring the matter to the Working Committee.

(6) The Director shall, as soon as practicable, notify the decision in writing to the applicant or the licensee, as the case may be.

(7) Any person who has not obtained a licence in accordance with these regulations or whose licence has been revoked shall immediately cease to provide the services of an employment agency or employment business. This shall be without prejudice to the provisions of regulation 22.

(8) Any and all communications or notices that may be given by the Director under these regulations may also be given by electronic means.