ACT No. XV of 2013 AN ACT to amend the Maltese Citizenship Act, Cap 188.

I assent.

G EORGE A BELA

(L.S.)

President

15th November, 2013

ACT No. XV of 2013

AN ACT to amend the Maltese Citizenship Act, Cap 188.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

The short title of this Act is the Maltese Citizenship

(Amendment) Act, 2013 and this Act shall be read and construed as

one with the Maltese Citizenship Act, hereinafter referred to as "the

principal Act".

In article 2 of the principal Act immediately after the

definition of "foreign country" there shall be added the following new

definition

" "individual investor programme" means the individual

investor programme as referred to in article 10(9)(b);".

Sub-article (9) of article 10 of the principal Act shall be

substituted by the following

"(9) Notwithstanding the provisions of this or any other

Act, the Minister may grant a certificate of naturalisation as a

citizen of Malta

(a) to the spouse of any citizen of Malta when

either the spouse or the said citizen has rendered

exceptional services to the Republic of Malta or to

humanity; or

(b) to any person who is an applicant, or is a

spouse or an eligible dependant of such applicant, under

the individual investor programme of the Republic of

Malta, and satisfies the requirements as prescribed under

this Act

Provided that such person makes an

application in such manner as may be prescribed and upon

taking the oath of allegiance in Malta.".

In article 23 of the principal Act immediately after sub- Amendment of

article 23 of the

article (2) there shall be added the following new sub-article

principal Act

"(3) Any person who for gain and without being duly

authorised, in violation of regulations made under this Act,

advertises, publishes or disseminates publicly through any

means whatsoever any information relating to the individual

investor programme referred to in article 10(9)(b) shall be guilty

of an offence against this Act and shall, on conviction, be liable

to a fine (multa) not exceeding twenty thousand euro

(€20,000).".

In paragraph (h) of sub-article (1) of article 24 of the Amendment of

principal act immediately after the words "granted or made as article

principal Act

aforesaid," there shall be added the words "and for providing for any

contributions or other fees of whatever nature in respect of the

individual investor programme," and the words "were fees prescribed

thereunder." shall be substituted by the words "were fees prescribed

thereunder;" and immediately thereafter there shall be added the

following new paragraph

"(i) for prescribing the requirements for and

administration of the individual investor programme and for the

granting of a certificate of naturalisation as a citizen of Malta to

an applicant, and spouse and eligible dependants of such

applicant, meeting the requirements as may be prescribed.".

Article 25 of the principal Act shall be substituted by the Substitution of

article 25 of the

following

principal Act

(1) The Prime Minister, after

"Appointment

of Regulator

consulting the Leader of the Opposition,

and

monitoring of

shall appoint as a Regulator for the purposes

individual

of the correct implementation and

investor

programme.

monitoring of the individual investor

programme, a person who has held the office

of Judge or Magistrate, or who has held the

office of Attorney General, or Permanent

Secretary or who has practiced as an

advocate in Malta for a period of at least

twelve years

Provided that during such time

when a Regulator is not appointed the

Ombudsman

appointed

under

the

Ombudsman Act shall act ex officio as

Regulator.

(2) The Regulator shall hold office in

accordance with the terms of his

appointment.

(3) In addition to his functions under

this Act and such other functions as may be

assigned to him under any law the Regulator

shall keep under review all aspects of the

individual investor programme.

(4) The Prime Minister may by

regulations assign to the Regulator any other

function related to citizenship.

(5) In the discharge of his functions

under this Act, the Regulator shall act in his

individual judgment and shall not be subject

to the direction or control of any other

person or authority.

(6) It shall be the duty of any person

involved in the administration of the

individual investor programme or of any

other matter in relation to which the

Regulator is assigned functions under sub-

article (4) to disclose or give to the

Regulator such documents or information as

he may require for the purpose of enabling

him to discharge his functions.

(7) The Regulator may at any time

report to the Minister on any matter relating

to the discharge of his functions under this

Act.

(8) The Regulator shall make an

annual report on the discharge of his

functions to the Minister which annual

report shall not include personal data

relating to individuals who have acquired

Maltese citizenship under the individual

investor programme.

(9) The Minister shall lay a copy of

each annual report made by the Regulator

under subarticle (8) on the Table of the

House as soon as possible after the report is

made to him.".

7. Immediately after article 25 of the principal Act there shall Addition of a

new article 25A

be added the following new article

to the principal

Act.

The

Regulator

shall

also

"Investigation

of complaints.

investigate complaints about the individual

investor programme in the manner

prescribed under this Act.".

8. Immediately after article 25A of the principal Act there Addition of a

new article 25B

shall be added the following new article

to the principal

Act.

" The

(1) There

shall

be

a

Monitoring

Committee, to be known as the Monitoring

Committee.

Committee, to monitor the workings of the

individual investor programme.

(2)

The Monitoring Committee shall

consist of the Prime Minister, the Minister

and the Leader of the Opposition. The

meetings of the Committee shall be presided

by the Prime Minister and the Committee

shall regulate its own procedure.

(3)

The Monitoring Committee shall

meet at least once a year, and it shall be

entitled to call the Regulator to report to the

Committee at its meetings.".

Passed by the House of Representatives at Sitting No. 79 of the

12th November, 2013.

A NĀLU F ARRUGIA

Speaker

R AYMOND S CICLUNA

Clerk to the House of Representatives