Malta

Art. 12 requires employers to operate internal channels for written and oral reports of improper practice and to designate an officer to follow up reports. Art. 13(1) requires acknowledgment within 7 days and feedback within a reasonable time, no later than 3 months after acknowledgment. Art. 12(4) and the Second Schedule cover private-sector organisations with 50 or more workers, among others.

Reg. 5(5)(a) requires policies, controls and procedures proportionate to the business, including reporting procedures; reg. 5(5)(c) an officer at management level to monitor day-to-day implementation where appropriate; and reg. 5(6) senior management approval. Reg. 15(1)(a) requires a reporting officer of sufficient seniority and command, whose appointment is notified to the FIAU and the supervisory authority (reg. 15(1)(e)).

Reg. 13(2) requires records to be kept for five years, starting from the end of the business relationship or the carrying out of the occasional transaction. The period may be extended to a maximum of ten years after a documented necessity and proportionality assessment.

Reg. 7(5) requires CDD when establishing a business relationship, carrying out an occasional transaction, or where the subject person has knowledge or suspicion of proceeds of criminal activity. Reg. 7(6) extends it to existing customers at appropriate times on a risk-sensitive basis, and reg. 7(7) requires it to be repeated when doubts arise about earlier identification information.

Reg. 15(3) requires a subject person to promptly disclose the information, with supporting identification and documents, to the FIAU. Under reg. 15(4) the transaction is not carried out until the FIAU has been informed; where that is not possible, reg. 15(5) requires informing the FIAU immediately after the transaction is effected. Reg. 15(8) requires replies to FIAU information requests within five working days.