Two former prime ministers have taken a stand against a controversial deal that could hand the US jurisdictional powers in Malta.

Lawrence Gonzi and Alfred Sant warned about Malta’s potential loss of jurisdiction and sovereignty should a Status of Forces Agreement (SOFA) go ahead.

On Tuesday, Times of Malta reported that the cabinet has backed the SOFA in the hope of securing Washington’s support to help avoid Malta being put on the international money-laundering list.

Prime Minister Robert Abela would not confirm or deny any negotiations, saying any agreement would respect constitutional requirements. The Foreign Affairs Ministry meanwhile said that Malta was no closer to signing an agreement with the US or NATO than over the past years.

The deal has been high on the US embassy’s wish list for years but always faced local resistance, primarily due to concerns about how it would impact Malta’s constitutional neutrality.

During his tenure as prime minister, Lawrence Gonzi said he refused to accept any agreement that would cost Malta jurisdiction.

Speaking to Times of Malta, Gonzi said he is “not privy to the ongoing discussions” between the Maltese and US governments "and therefore I am unable to comment regarding the substance of these discussions or regarding any decisions that have been taken so far".

“Of course, our relationship with the USA is extremely important and I trust that every effort will be made to continue strengthening it in all policy sectors,” the former Nationalist prime minister said.

“However, I can confirm that during my tenure as prime minister of Malta, I refused to accept any agreement that implied Malta’s loss of jurisdiction as a result of a SOFA arrangement and I continue to maintain this position.”

Former Labour prime minister Alfred Sant has meanwhile expressed concern over Malta’s sovereignty and neutrality should such a deal forge ahead.

He said he always had a ‘soft spot’ for the US and its people, however, he has a much larger ‘soft spot’ for the sovereignty of an independent and free Malta, and for its neutrality. 

When contacted, Sant said that in SOFA agreements, “US military personnel deployed inside the territory of a signatory country are in practice granted extra-territoriality: in everything they do, they remain subject to the laws of the US and can only be tried under them in their own country, which is completely unacceptable since it infringes Malta’s sovereignty”.

Having such an agreement with the US on military matters would also contradict the whole status of Malta’s neutrality, he said.

US Secretary of Defence Mark Esper held talks with Abela on Wednesday but no details of the meeting have been made public. 

Sources within the government said the proposed deal would also give the US greater freedom to police Hurd’s Bank, an offshore area often used by smugglers to move illicit goods, out of sight of Maltese enforcement agencies.

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