ACT No. XXXVIII of 2020 AN ACT to further amend the Maltese Citizenship Act, Cap. 188.

I assent.

(L.S.)

GEORGE VELLA

President

31st July, 2020

ACT No. XXXVIII of 2020

AN ACT to further 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:-

(1) The short title of this Act is the Maltese Citizenship Short title.

(Amendment No. 2) Act, 2020 and this Act shall be read and construed

as one with the Maltese Citizenship Act hereinafter referred to as "the Cap. 188.

principal Act".

In sub-article (1) of article 2 of the principal Act, the Amendment of

definition "individual investor programme" shall be substituted by the article

principal Act.

following new definition

" "individual investor programme" means the

individual investor programme established in the

Act prior to the coming into force of the Maltese

Act

Citizenship (Amendment) Act, 2020;".

No.XXXVIII

of 2020.

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

article 10 of the

substituted by the following new sub-article

principal Act.

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

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

citizen of Malta to an alien or stateless person, who has rendered

exceptional services to the Republic of Malta or to humanity, or

whose naturalisation is of exceptional interest to the Republic of

Malta, and who satisfies the requirements prescribed under this

Act. For the purposes of this sub-article "exceptional" means

manifestly superior, and refers primarily to contributions by

scientists, researchers, athletes, sports people, artists, cultural

performers, investors and entrepreneurs

Provided that the Minister shall also grant a

certificate of naturalisation to an eligible dependent of an alien

or a stateless person who has rendered exceptional services to the

Republic of Malta through investment

Provided further that such person makes an application

in such manner as may be prescribed and upon taking the oath of

allegiance in Malta.".

Sub-article (3) of article 23 of the principal Act shall be

substituted by the following new sub-article

"(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 granting of

citizenship by naturalisation referred to in article 10(9) 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).".

Article 24 of the principal Act shall be amended as follows

(a) paragraph (h) of sub-article (1) thereof shall be

substituted by the following new paragraph

"(h) for prescribing forms, and providing for

the imposition and recovery of fees, in respect of

any application made to the Minister or in respect

of any registration, or the making of any

declaration, or the granting of any certificate, or

the taking of any oath of allegiance, authorised to

be made, granted or taken by or under this Act, and

for providing a certified copy of any notice,

certificate, order, declaration or entry, given,

granted or made as aforesaid, and for providing

for any contributions or investments or other fees

of whatever nature in respect of the granting of

citizenship by naturalisation and providing that the

provisions or any of the provisions of the Fees

Ordinance shall apply to such fees as if they were

fees prescribed thereunder;";

(b) in paragraph (i) of sub-article (1) thereof, the words

"individual investor programme" shall be substituted by the

words "process for the granting of citizenship by naturalisation";

(c) in paragraph (j) of sub-article (1) thereof, the words

"article 10(9)(c)" shall be substituted by the words "article

(d) in paragraph (j) of sub-article (1) thereof, the words

"as may be prescribed." shall be substituted by the words "as may

be prescribed;" and immediately thereafter there shall be added the

following new paragraph

"(k) for prescribing for the publication of names of

persons applying for Maltese citizenship by naturalisation

and registration of names of persons who were deprived of

Maltese citizenship.".

Article 25 of the principal Act shall be amended as follows

Amendment of

article 25 of the

principal Act.

(a) the marginal note thereof shall be substituted by the

following new marginal note "Appointment of the Regulator.";

(b) sub-article (1) thereof shall be substituted by the

following new sub-article

"(1) The Prime Minister, after consulting the

Leader of the Opposition, shall appoint as a

Regulator for the purposes of the application

process for the granting of Maltese citizenship by

naturalisation for exceptional services and the

individual investor programme by collating and

analysing data and information, a person who has

held the office of Judge or Magistrate, or who has

h e l d th e o ff i c e o f A t t o r n e y G e n e r a l , St a t e

Advocate or Permanent Secretary, or who has

practiced as an advocate or auditor or accountant

in Malta for a period of at least twelve (12) 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.";

(c) sub-article (3) thereof shall be substituted by the

following new sub-article

"(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 ensure that the process of the

granting of Maltese citizenship by naturalisation for

exceptional services is duly followed.";

(d) sub-article (6) thereof shall be substituted by the

following new sub-article

"(6) It shall be the duty of the Agency in the

administration of applications for the granting of Maltese

citizenship by naturalisation through exceptional services

or of any other matter in relation to which the Regulator is

assigned functions under sub-article (4) to give to the

Regulator such documents or information as he may

require for the purpose of enabling him to discharge his

functions."; and

(e) sub-article (8) thereof shall be substituted by the

following new sub-article

"(8) The Regulator shall make an annual report to

the Minister on the discharge of his functions as provided

under article 25(1). In his report, the Regulator shall not

include personal data relating to individuals who have

acquired Maltese citizenship by naturalisation for

exceptional services or the individual investor

programme.".

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

following

" Investigation

The Regulator may also investigate complaints

of complaints.

received in the prescribed form, by the applicant or his

agent, as defined in the Commission Agents (Licences)

Regulations, on behalf of the said applicant, about the

process undertaken during the eligibility assessment,

which led to its refusal in the manner prescribed under

this Act. The Regulator shall present his findings to the

Minister.".

8. Sub-article (1) of article 25B of the principal Act shall be Amendment of

article 25B of

substituted by the following new sub-article

the principal

Act.

"(1) There shall be a Committee, to be known as the

Monitoring Committee, to monitor the workings for the process

of the granting of Maltese citizenship by naturalisation for

exceptional services.".

9. In article 27 of the principal Act, immediately after sub-article Amendment of

article 27 of the

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

principal Act.

"(3) The Maltese Citizenship (Amendment No. 2) Act,

2020 shall not apply with regard to any applications for

2020. granting of Maltese citizenship by naturalisation filed

before the coming into force of this Act.".

Passed by the House of Representatives at Sitting No. 365 of the

28th July, 2020.

ANĠLU FARRUGIA

Speaker

RAYMOND SCICLUNA

Clerk of the House of Representatives

€0.72