The Commercial Sanctions Tribunal was set up to strengthen efforts in eliminating precarious employment by companies and individuals participating in public tenders and awarding of contracts.
The Tribunal’s remit is regulated by the Financial Administration and Audit Act (Chapter 174 of the Laws of Malta); the Public Procurement (Amendment) Regulations; and Legal Notices (L.N.) 68 of 2015, L.N. 351, 352 and 353 of 2016.
The mentioned Regulations stipulate that any person, whether a legal or natural person, found to be in breach of the Public Procurement Regulations and Employment Legislation, could be liable to various sanctions, which includes cancellation of any ongoing contracts.
The Commercial Sanctions Tribunal is also empowered to blacklist offending parties precluding them from bidding in public tenders for a period, which can extend from six months to two years. Once blacklisted, a company or individual is prohibited from carrying out any procurement within the public sector whether directly or as a sub-contractor, member of a consortium and, or joint venture.
The Tribunal composition is as follows:
Chairperson: Dr Jacqueline Tanti-Dougall, Dip.Law & Admin., BA (Gen.), Dip. Canon Law, Dip. Aviation Law (IATA), LLD
Vice-Chairperson: Mr Reginald Fava, B.Pharm., M.R.Pharm.S., DBA, MCPP
Members: Dr Joseph Fava, D. Lett
Secretary: Ms. Caroline Mifsud
Link for Decree click here