Grant of Citizenship for Exceptional Services Regulations, 2017

L.N. 335 of 2017

MALTESE CITIZENSHIP ACT

(CAP. 188)

Grant of Citizenship for Exceptional Services Regulations, 2017

IN exercise of the powers conferred by articles 10(9)(c) and 24

of the Maltese Citizenship Act, the President of Malta has made the

following regulations:-

The title of these regulations is the Grant of Citizenship for Citation.

Exceptional Services Regulations, 2017.

In these regulations, unless the context otherwise Interpretation.

requires -

"Act" means the Maltese Citizenship Act;

"applicant" means the person who applies or on whose behalf it

is being applied to be naturalized as a citizen of Malta under article

10(9)(c) of the Act;

"application"

means

an

application

made

under

these

regulations;

"application requirements" means the formal and substantial

requirements which each applicant must meet, as set forth in these

regulations;

"authenticated translation" means a translation done by either a

professional translator who is officially accredited to a court of law, a

government agency, an international organization, or similar official

institution, or if done in a country where there are no official

accredited translators a translation, done by a company whose role or

business is professional translation;

"certified copy" means a photocopy of an original document

certified to be a true copy of the original by a duly licensed lawyer, a

notary public or a Maltese consular or diplomatic officer;

"designated competent body" means the locally registered entity

in Malta, specified in the First Schedule, that is capable to determine

whether an individual is recognised in a particular field as a leading

talent, or has demonstrated exceptional promise and is likely to

become a leading talent;

"Evaluation Board", hereinafter referred to as "the Board",

means the group of individuals appointed in accordance with these

regulations to evaluate applications made under article 10(9)(c) of the

Act and to prepare a reasoned opinion with regard to each application

to be referred to the Minister responsible for Citizenship;

"exceptional" means unusually excellent or manifestly superior

at a local level, and refers primarily to contributions by scientists,

researchers, athletes, sports people, artists and cultural performers;

"Identity Malta" means the agency established by the Identity

Malta Agency (Establishment) Order;

"Minister" has the same meaning as assigned to it in the Act;

"police certificate" means a certificate of conduct, report or

statement from a national law enforcement authority or other public

authority in charge of criminal records on the status of an applicant’s

criminal record.

The aim of these regulations is to prescribe the

requirements and to administer the grant of citizenship for

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

the basis of exceptional interest to the Republic of Malta, in

accordance with article 10(9)(c) of the Act.

(1) The qualifications and general requirements for a

person to apply for citizenship under article 10(9)(c) of the Act shall

be that any such person

(a)

provides proof that he resided in Malta for at least

eight months in the period preceding the date of application;

(b) except in the case of an applicant who is a minor, or

subject to the proviso of sub-regulation 4(2)(d), provides proof of

title to residential property in Malta;

(c)

provides proof of the exceptional services rendered

to the Republic of Malta or to humanity, or if the individual

claims that his naturalisation is of exceptional interest to the

Republic of Malta, provides an endorsement by the designated

competent body.

(d) be recommended by two people who are qualified to

act as sponsors for persons that apply for Maltese citizenship by

naturalisation.

(2) Applications shall be made on the form prescribed under

the Citizenship Regulations and shall be accompanied by the originals

or certified copies of the following

(a) documentary evidence certified by the competent

body established of the exceptional services rendered to the

Republic of Malta or to humanity, or if the individual claims

that his naturalisation is of exceptional interest to the Republic

of Malta, an endorsement in the form of a written report by the

designated competent body attesting that the individual is

recognised in a particular field as a leading talent, or has

demonstrated exceptional promise and is likely to become a

leading talent;

(b) a certificate in the form prescribed by Identity Malta

from a reputable health system to the satisfaction of Identity

Malta that the applicant is not suffering from any contagious

disease and that the applicant is otherwise in good health;

(c)

a police conduct certificate;

(d) where the applicant is not a minor, proof that the

applicant has purchased or taken on lease immovable residential

property in Malta

Provided that where the applicant is still a member of

the household of his family, the Minister may, if he is satisfied

that the applicant is not in a position to purchase or take on lease

such property, waive this requirement;

(e)

any other document as may be required from time to

time by notice issued by Identity Malta.

(3) All applications shall be submitted by the applicant in

person to Identity Malta.

(4) Application forms and other accompanying documents

shall be completed in English or, if the original language of the

document is not English, the document shall be accompanied by an

authenticated translation.

(5) If an applicant makes a false statement or omits

information requested, the application may be declined solely on that

basis.

(6) Applications shall only be accepted and processed on

condition that all forms are properly completed, dated and signed, and

accompanied by all required documents and fees.

In addition to the qualifications and general requirements Eligibility

as set out in regulation 4, the minimum eligibility criteria shall be as criteria.

follows

(a) a proper background verification of the applicant,

through a due diligence process carried out by Identity Malta,

attesting that the applicant is a fit and proper person to hold

Maltese citizenship;

(b) a police certificate issued by the Malta police as well

as a police certificate issued by the competent authorities in the

country of origin and in the country or countries of residence

where the applicant has resided for a period of more than six

months during the last ten years, or in exceptional cases where it

is proved to the satisfaction of Identity Malta that such a

certificate is not obtainable, a sworn affidavit made by the

applicant, declaring a clean criminal record;

(c)

the applicant is not an individual indicted before an

International Criminal Court or who appeared at any time

before an International Criminal Court, irrespectively of

whether such person has been found guilty or otherwise by such

Court;

(d) the applicant shall not be a person listed with the

International Criminal Police Organization (INTERPOL) at the

time of application;

(e)

the applicant is not, or may not be, a potential threat

to national security, public policy or public health;

(f)

the applicant shall not be an individual who, at any

time, had pending charges related to crimes of terrorism, money

laundering, funding of terrorism, crimes against humanity, war

crimes, or crimes that infringe upon such Protection of Human

Rights and Fundamental Freedoms as established by the

European Convention on Human Rights, or who has been found

guilty of any such crimes;

(g) the applicant shall not be an individual who has been

found guilty or has charges brought against him regarding

sexual criminal offences, which criminal offences include,

without limitation, the following

(i)

paedophilia,

(ii)

defilement of minors,

(iii)

rape,

(iv)

violent indecent assault,

(v)

inducing persons under age to prostitution,

and

(vi) abduction;

(h) the applicant shall not be an individual who at any

time was found guilty, or, at the time of the application, is being

interrogated and suspected, or has criminal charges brought

against him for any criminal offence, other than an involuntary

offence, punishable with more than one year imprisonment. The

applicant shall attach with his application a sworn declaration

before a commissioner for oaths, lawyer or notary public that

the said information that he has provided is true and correct;

(i)

where a document is required to be produced under

these regulations in support of an application

(i) such document must be an original document

or if not an original, it must be a certified copy; and

(ii) the person certifying the document shall

provide the full name, capacity in which the person is

acting, residential or business address, telephone number

and email address.

An applicant who -

Ineligible

applicants.

(a)

provides false information on his application;

(b)

has a criminal record;

(c)

is the subject of a criminal investigation;

(d)

is a potential national security threat to Malta;

(e)

is, or is likely to be, involved in any activity likely to

cause disrepute to Malta; or

(f)

has been denied a visa to a country with which

Malta has visa-free travel arrangements and has not

subsequently obtained a visa to the country that issued the

denial,

shall not be approved for citizenship under article 10(9)(c) of the Act,

unless the Board is satisfied that the applicant is still worthy of being

considered for approval due to special circumstances to be

demonstrated either by the applicant himself or by the designated

competent body. In such case, Identity Malta shall refer the

application to the Board, and the Board in its reasoned opinion shall

explain why such applicant should still be considered for approval.

The Minister will ultimately have the sole authority to grant such

approval.

(1) The Board shall evaluate applications made under

article 10(9)(c) of the Act and prepare a reasoned opinion with regard

to each application to be referred to the Minister responsible for

Citizenship.

(2) The composition of the Board shall vary in accordance

with the nature of the application to be evaluated, and shall

comprise -

(a)

a Chairperson to be appointed by the Minister, who

shall be a person who has practiced the profession of advocate

for at least seven years; and

(b) two members to be selected by the Chairperson from

amongst the members of three panels to be appointed by the

Minister, which panels shall include persons having knowledge

of sport, culture and the arts, and science and research

respectively.

(3) The Chairperson and the appointed panel members of the

Board shall hold office for a term of three years and under such

conditions as may be set out in their letter of appointment, and shall,

on the expiration of the term of their office, be eligible to be

reappointed.

(4) The Chairperson and the panel members of the Board

shall, before commencing to execute their duties, take an oath in the

form set out in the Second Schedule. Such oath shall be taken before,

and shall be deposited with, the Attorney General.

(5) When any vacancy in the Board occurs, the Minister shall,

as soon as practicable, appoint another person to fill the vacancy.

(6) A member of the Board may be removed from office by

the Prime Minister, but such member may be removed only for

proved inability to discharge the functions of his office (whether

arising from infirmity of mind or body or any other cause) or for

misbehaviour.

(7) The Chairperson and any member of the Board may

abstain from sitting or may be challenged for any of the causes

mentioned in article 734 of the Code of Organization and Civil

Procedure.

(8) Save as otherwise expressly provided by these regulations,

the Board may make its own rules and otherwise regulate its own

procedure.

(9) The Minister shall appoint a Secretary to the Board and

such other officers as may be necessary from time to time and shall

determine their duties.

(10) The Board shall have the power to request such technical

advise as it may deem necessary for the proper performance of its

functions.

(11) Any notice issued by the Board shall be signed by the

Chairperson and counter-signed by the Secretary.

(12) The decisions of the Board shall be taken by a majority

vote, shall be in writing and shall be signed by the Chairperson and by

the Secretary.

(1) Every application shall be presented to, and Application

process.

examined by, the Citizenship Unit within Identity Malta.

(2) Identity Malta shall cause due diligence checks to be

performed by one or more internationally recognized specialized due

diligence agents which in any case are to be approved by Identity

Malta, in respect of every applicant. Such due diligence checks shall

be of a four-tier nature. Identity Malta shall in any case be responsible

for the proper carrying out of due diligence tests.

(3) Where a lawyer or notary public certifies a document to be

a true copy of the original, that document must be authenticated by -

(a)

an apostille in accordance with the provisions of the

Hague Convention of 5th October 1961 Abolishing the

Requirement for Legalisation for Foreign Public Documents, in

the case of a jurisdiction that is a party to that Convention; or

(b) a validation of the certificate of the lawyer or notary

public by the appropriate government department in the case of

a jurisdiction that is not a party to that Convention; or

(c)

a validation of the certificate by a Maltese consular

or diplomatic representation in the case of a jurisdiction that is

not a party to that Convention.

(4) Within ninety days of the presentation of an application for

citizenship, the Citizenship Unit within Identity Malta shall verify

that

(a)

the application is formally correct;

(b) all relevant information provided by the applicant

has been verified by one or more independent due diligence

agents;

(c)

the background of the applicant has been verified by

one or more independent due diligence agents;

(d)

an appropriate risk weighting has been carried out.

(5) Within thirty days from the date of the completion of the

verification referred to above, the Citizenship Unit within Identity

Malta shall further review the application submitted to it, shall carry

out appropriate further background checks, if it deems necessary, and

shall refer the particular application together with the supporting

documentation and the due diligence report to be reviewed by the

Board.

(6) Within one hundred and eighty days from the receipt of the

documents referred to above, the Board shall review the application

and all documentation and reports submitted in support thereof and

prepare a reasoned opinion to be referred to the Minister responsible

for Citizenship. In order to properly carry out the task entrusted to it,

the Board may interview the applicant in person and, or the legal

representative of the designated competent body endorsing the

applicant. In its written reasoned opinion, the Board shall indicate

whether it deems that a particular application merits favourable

consideration.

(7) Within sixty days from the date on which the Board

submits a particular application and all documentation and reports

submitted in support thereof together with its written reasoned

opinion for the attention of the Minister, the Minister shall determine

whether a certificate of naturalisation as a citizen of Malta shall be

granted to the particular applicant.

Without prejudice to the provisions of article 14 of the Act,

the Minister shall in all cases be deemed to have reserved the right to

deprive a person of his Maltese citizenship if an applicant who has

been granted citizenship has become a threat to national security, is

involved in conduct which is seriously prejudicial to the interests of

Malta or in the case of an individual whose naturalization was

deemed to be of exceptional interest to the Republic of Malta, the said

individual fails to use his skills for the benefit of the Republic of

Malta. In such cases the procedure for deprivation of citizenship

stipulated in article 14 of the Act and in any regulations made under

the Act in respect of such deprivation shall mutatis mutandis apply.

The Minister shall every year publish in the Gazette the Disclosure.

names of all persons who during the previous twelve calendar months

were granted Maltese citizenship by registration or naturalization

including those persons who were granted Maltese citizenship for

exceptional services.

First Schedule

(Regulation 2)

MALTESE CITIZENSHIP ACT

DESIGNATED COMPETENT BODY

In the case of sports

The National Sports Associations that are registered with SportMalta

In the case of culture and the arts

The Arts Council Malta or the Superintendence of Cultural Heritage

In the case of science and research

A recognised tertiary educational institution or the National Council for

Further and Higher Education or the Malta Council for Science and

Technology.

Second Schedule

(Regulation 7)

MALTESE CITIZENSHIP ACT

FORM OF OATH TO BE TAKEN BY THE CHAIRPERSON OR A MEMBER

OF THE EVALUATION BOARD

I, ............................................................................. having been appointed to

be Chairperson/Member of the Evaluation Board for the period

............................................ to ..............................................., do swear/solemnly

affirm that I will faithfully, fully, impartially and to the best of my ability discharge

the trust and perform the duties devolving upon me by virtue of the said

appointment.

So help me God.

Chairperson/Member

€0.90