3.1 Without prejudice to any other requirement imposed under these Guidelines, a prospective Applicant must satisfy the below requirements for the Application Form to be considered by the MDIA:
a) Be in the possession of one or more of the following:
i. Qualification in Innovative Technology at MQF level 6 or higher, as deemed appropriate by the Authority; or
ii. Holder of a practising certificate to practise in the field of auditing in line with the Accountancy Profession Act, Chapter 281 of the Laws of Malta, or regulations issued in terms thereof.
iii. Certificates drawn up by official quality control institutes, or entities of recognised competence, attesting expertise in Innovative Technology and, or auditing (such as CISA or similar), as deemed appropriate by the Authority; or
iv. Have evidence of five (5) years technical merit in Innovative Technology and, or auditing based on audit-established standards (such as ISAE 3000), as deemed acceptable at the sole discretion of the MDIA;
b) Provides evidence, which in the sole discretion of the MDIA proves technical merit in:
i. the fields of ICT and/or Information Security and/or Cybersecurity and/or Data and/or Digital Identity and/or Innovative Technology as defined under the MDIA Act or binding documentation issued by the MDIA; or
ii. auditing based on audit-established standards (such as ISAE 3000) and IT/ Risk/ Security Audit
c) Be of good conduct and fit and proper;
d) Have sound knowledge of the applicable laws, technologies, standards, regulations, and guidelines relevant to the role of TENPs;
e) Have sound knowledge of the MDIA and the initiative, programme or scheme led by the MDIA;
f) Be conformant with the obligations required in these TENP Guidelines and by the terms and conditions of a specific initiative, programme, or scheme;
g) Be able to speak, read and write efficiently in the English Language;
h) Be a:
i. citizen of Malta; or
ii. citizen of other Member States of the European Union who are entitled to equal treatment to Maltese citizens in matters of employment by virtue of EU legislation and treaty provisions dealing with the free movement of workers; or
iii. citizen of any other country who are entitled to equal treatment to Maltese citizens in matters related to employment by virtue of the application to that country of EU legislation and treaty provisions dealing with the free movement of workers; or
iv. any other persons who are entitled to equal treatment to Maltese citizens in matters related to employment in terms of the law or the above-mentioned EU legislation and treaty provisions, on account of their family relationship with persons mentioned in paragraph (i), (ii) or (iii); or
v. Third-country national who has been granted long-term resident status in Malta under regulation 4 of the Status of Long-Term Residents (Third Country Nationals) Regulations, 2006 or who have been granted a residence permit under regulation 18(3) thereof, together with family members of such third-country nationals who have been granted a residence permit under the Family Reunification Regulations, 2007; or
vi. in possession of a residence document issued in terms of the “Residence Status of United Kingdom Nationals and their Family Members in Malta in accordance with the Agreement on the Withdrawal of the United Kingdom and Northern Ireland from the European Union and the European Atomic Energy Community Regulations.”
A TENP Applicant who does not fulfil requirements H(i-vi) may be required to appoint a resident agent at the sole discretion of the MDIA. Refer to the respective ‘Resident Agent Guidelines’ as issued by the Authority for further guidance.
i) At the sole discretion of the MDIA, be deemed a suitable TENP in the fields of ICT and/or Information Security and/or Cybersecurity and/or Data and/or Digital Identity and/or Innovative Technology as defined under the MDIA Act or binding documentation issued by the MDIA;
j) Fully complete the TENP Application Form which can be downloaded from the website of the MDIA, compile all of the required documentation in the form of appendices to the satisfaction of the Authority and pay any administrative fee, if applicable;
The above shall be substantiated with evidence presented by the Applicant, upon which evidence the Authority has the sole discretion to determine the eligibility of the Applicant.
