Citizenship (Amendment) Regulations, 2017

L.N. 336 of 2017

MALTESE CITIZENSHIP ACT

(CAP. 188)

Citizenship (Amendment) Regulations, 2017

IN exercise of the powers conferred by article 24 of the Maltese

Citizenship Act, the President of Malta has made the following

regulations:-

The title of these regulations is the Citizenship Citation.

(Amendment) Regulations, 2017 and they shall be read and construed

as one with the Citizenship Regulations, hereinafter referred to as "the S.L. 188.01.

principal regulations".

Immediately after Form P in the First Schedule to the A m e n d s t h e

First Schedule

principal regulations, there shall be added the following new forms

to the principal

regulations.

"Form Q

Application for Naturalisation as a Citizen of Malta

(under article 10(9)(c) of the Maltese Citizenship Act, Cap. 188

and relative subsidiary legislation)

For Official Use Only

Reference Number

Date received

PLEASE READ THE DOCUMENT LIST, CHECK LIST AND GUIDELINES

PRIOR TO COMPLETION

I, ....................................................................................................................... (name) of

........................................................................................................................... (address)

hereby apply to be naturalised as a citizen of Malta for the reasons, which I am

submitting in the attached document, as I feel that

(i)

I have rendered exceptional services to the Republic of Malta/humanity*

(proof of such services is attested by the attached certified document)*;

(ii)

my naturalisation is of exceptional interest to the Republic of Malta as

attested by the attached report endorsing such exceptional interest

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/the Superintendence of Cultural Heritage*

In the case of science and research*

A tertiary educational institution/the National Council for Further and

Higher Education/the Malta Council for Science and Technology * .

Signature of Applicant

Date of Signature

* delete as necessary

PART B - Particulars of Applicant

Full name (as shown in passport/identity document) ...........................................

Place of birth .........................................................................................................

Date of birth ..........................................................................................................

Permanent residential address ..............................................................................

Identity Document reference number ...................................................................

Current Nationality/Nationalities held ..................................................................

Medical Report and Questionnaire (as per duly completed Administrative Form

MRQ) ....................................................................................................................

PART C – Declarations

Please read the declarations below and make the affirmations by deleting whichever

option does not apply. These declarations will be signed in the presence of a

Commissioner for Oaths as per Part F of this form.

I declare that

I have/have never served in the armed forces of any country, or received any

military training.

I have/have never been part of any other military and/or paramilitary

organisation.

(If you have served in the armed forces, received military training or been part of a

military and/or paramilitary organisation, please give country, dates, branch of

service, unit number(s), rank(s), dates and places of any active combat, reason for end

of service(s) and enclose certified evidence of service/s)

I have/have never been arrested, charged, convicted, found guilty or been

discharged of any crime(s) against the law of any country.

I have/have never been charged or accused of illegal activity of any nature in

any country.

I have/have never been involved, directly or indirectly, in the financing of

terrorism, or terrorist activities.

C6 -

I have/have never been involved, directly or indirectly, with any terrorist or

criminal organisation.

C7 -

I have/have never been under investigation by any law enforcement agency or

tax authority in any country, either personally or as a director of a company.

C8 -

I have/have never been involved personally, or as a director of a company, in

any bankruptcy, insolvency or liquidation.

C9 -

I have/have never been refused admission to, or been unlawfully present in, or

been deported from any country.

C10 - I have/have never assisted anyone to unlawfully enter, be present, or leave, any

country.

C11 - I have/have never been refused a residence permit in any country.

C12 - I have/have never had an application for citizenship refused in any country.

If you have affirmed by the phrase "I have" to any statement between C3 – C12, you

are required to provide a detailed explanation on an attached sheet. It is recommended

that you provide as much supporting information and documentation as possible.

C13 - I am/am not considered a Politically Exposed Person ("PEP").

A PEP is any individual who is currently an office holder or has been an office holder

in the past, or individuals who are or were formerly entrusted with high level public

functions, such as, senior politicians, heads of state or government, senior judicial or

military officials, officials of political parties and senior executives of state-owned

enterprises.

PEP definition also includes family members and close associates of a primary PEP.

If you are to be considered a PEP, you are required to provide a detailed explanation

on an attached sheet.

C14 - I confirm/cannot confirm that my wealth has been obtained from completely

legitimate sources, and is not, whether directly or indirectly, derived from the

proceeds of criminal activities of any kind.

C15 - I confirm/cannot confirm that I am fully compliant with my global tax

obligations.

C16 - I confirm/cannot confirm that I have read and understood the provisions of the

Maltese Citizenship Act and the Grant of Citizenship for Exceptional Services

Regulations, 2017.

If you have opted not to confirm any statement between C14 – C16, provide a detailed

explanation on an attached sheet. It is recommended that you provide as much

supporting information and documentation as possible.

I declare further that

I have read and understood all the requirements in this form and that the

information supplied on or with this form, and any attachments, whether

supplied directly by myself or on my behalf, are true, correct and up-to-date in

every detail;

I am aware that further to the definition of ‘Identity Malta Agency’ under the

Data Protection Section (Part E) of this form, Identity Malta Agency includes

any other third party representatives that they may engage as approved by the

Agency;

As attested by the attached document I have title to residential property in

Malta;

In the event of my application being granted, I undertake to do all things

necessary to evidence my new allegiance;

I understand that if I have made false statements or omitted information

requested on this form, my citizenship application may be refused. If it is

found at a later stage that I have withheld information or provided false or

incorrect information, I may be deprived of my Maltese citizenship pursuant

to article 14 of the Maltese Citizenship Act, and that I may also face criminal

prosecution;

I understand that if I fail to use my skills for the benefit of the Republic of

Malta I may be deprived of my Maltese Citizenship; (this declaration is to be

deleted if applicant is applying on the grounds of Part A(i) of this form);

I am aware that should I acquire Maltese citizenship, such acquisition (delete

where not applicable)

o

may/may not jeopardise my claim to the current citizenship(s) which

I currently hold, and

o

may/may not affect any rights emanating from the possession of such

current citizenship(s);

I understand that Identity Malta Agency, reserves the right to verify any

personal information relating to me, and may carry out due diligence

exercises for the purposes of this application both prior to and following the

granting of such application;

I am also aware that in the course of such verification process, Identity Malta

Agency may disclose to third parties any personal information about me and

may obtain from public sources, government bodies and/or private agencies,

further information, credit reports, criminal records and/or any other kind of

records deemed necessary about me and to this effect I hereby release Identity

Malta Agency from any responsibility and/or liability.

PART D – Certificate of Sponsors

D1.

I,.................................................................................................................................... of

............................................................................................................................. being a

citizen of Malta, otherwise than by naturalisation, hereby certify that the applicant

herein is a person known to me and of good character, that in my opinion the applicant

would be a suitable citizen of Malta and that the particulars in this application are

correct to the best of my knowledge and belief.

Dated this ......................................

day of ........................... 20...................

Witness to signature

Signature of Sponsor

I.D./Passport No. ..................................

Name in Block Letters

I.D./Passport No. ...........................

(Note: The sponsor in this case must be a member of the House of Representatives, a

Judge, a Magistrate, an advocate, a notary public, a legal procurator, a medical

practitioner, a public officer not below the rank of principal, a police officer not below

the rank of inspector, an officer of the Armed Forces of Malta not below the rank of

captain, a parish priest.)

D2.

I ............................................................................................................................... of

................................................................................................................................. being

a citizen of Malta, otherwise than by naturalisation, hereby certify that the applicant

herein is a person known to me and of good character, that in my opinion the applicant

would be a suitable citizen of Malta and that the particulars in this application are

correct to the best of my knowledge and belief.

Dated this ......................................

day of ........................... 20...................

Witness to signature

Signature of Sponsor

I.D./Passport No. .................................

Name in Block Letters

I.D./Passport No. ...........................

(Note: The sponsor in the case of this paragraph need not be in the class mentioned in

the note to D1)

PART E – Data Protection

Identity Malta Agency includes any other third party representatives that they may

engage as approved by the Agency, in any stage of the processing of this application.

For the purposes of the Data Protection Act, Identity Malta Agency is the data

controller for the processing of personal data in respect of this application. Any other

third party representatives engaged by them are the processors for Identity Malta

Agency.

Identity Malta Agency hereby declares that all processing of personal data with respect

to this application is made in accordance with the Data Protection Act, the Maltese

Citizenship Act, subsidiary legislation and any other law and regulation to which

Identity Malta Agency may be subject. All personal data is treated with the strictest

confidence and all security safeguards will be applied.

Such personal data will be processed for the purpose of the application for

naturalisation as a citizen of Malta, before and after the granting of this application.

The processing operations may include the following

(a)

verifying the identity of the applicant;

(b)

carrying out due diligence checks both before and after the granting of this

application, to comply with statutory requirements and obligations in Malta and

abroad, in relation to anti-money laundering and also the countering of the

financing of terrorism;

(c)

disclosing personal data to government bodies and authorities as required by

law; and

(d)

complying with any other legal obligation to which Identity Malta Agency may

be subject.

Identity Malta Agency will ensure that all rights of the data subject emanating from the

Data Protection Act will be afforded to individuals concerned in this application.

PART F - Declaration on oath

Signature of Applicant

Sworn/Affirmed before me at ..................................................................

this ............................ day of ................................... 20...........................

Signature.

(Commissioner for Oaths)

Form Q1

Application for Naturalisation as a Citizen of Malta (under article 10(9)(c) of the

Maltese Citizenship Act, Cap. 188 and relative subsidiary legislation)

For Official Use Only

Reference Number

Date Received

PLEASE READ THE DOCUMENT LIST, CHECK LIST AND GUIDELINES

PRIOR TO COMPLETION

I,........................................................................................................................(name) of

............................................................................................................................(address)

having authority according to law over the minor............................................ (name) of

........................................................................(document certifying such authority is

attached herewith) hereby apply on his/her behalf to be naturalised as a citizen of Malta

for the reasons, which I am submitting in the attached document, as it is felt that

(i)

he/she has rendered exceptional services to the Republic of Malta/

humanity * (proof of such services are attested by the attached certified

document)*

(ii)

his/her naturalisation is of exceptional interest to the Republic of Malta as

attested by the attached report endorsing such exceptional interest

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/the Superintendence of Cultural Heritage*

In the case of science and research*

Tertiary educational institution/the National Council for Further and

Higher Education/the Malta Council for Science and Technology*.

Date of Signature

*delete as necessary

PART B - Particulars of Minor

Full name (as shown in passport/Identity Document) ........................................

Place of birth ......................................................................................................

Date of birth .......................................................................................................

Permanent residential address ............................................................................

Identity Document reference number ................................................................

Current nationality/nationalities held ................................................................

Medical Report and Questionnaire (As per duly completed Administrative

Form MRQ) .......................................................................................................

PART C – Declarations

Please read the declarations below and make the affirmations by deleting whichever

option does not apply, if the minor on whose behalf you are submitting the application

is over 12 years of age. These declarations will be signed in the presence of a

Commissioner for Oaths as per Part F of this form.

I declare that

The minor on whose behalf the application is being submitted has/has never

served in the armed forces of any country, or received any military training.

The minor on whose behalf the application is being submitted has/has never

been part of any other military and/or paramilitary organisation.

(If the minor on whose behalf the application is being submitted has served in the

armed forces, received military training or been part of a military and/or paramilitary

organisation, please give country, dates, branch of service, unit number(s), rank(s),

dates and places of any active combat, reason for end of service(s) and enclose

certified evidence of service/s)

The minor on whose behalf the application is being submitted has/has never

been arrested, charged, convicted, found guilty or been discharged of any

crime(s) against the law of any country.

The minor on whose behalf the application is being submitted has/has never

been charged or accused of illegal activity of any nature in any country.

The minor on whose behalf the application is being submitted has/has never

been involved, directly or indirectly, in the financing of terrorism, or terrorist

activities.

The minor on whose behalf the application is being submitted has/has never

been involved, directly or indirectly, with any terrorist or criminal

organisation.

The minor on whose behalf the application is being submitted has/has never

been under investigation by any law enforcement agency or tax authority in

any country, either personally or as a director of a company.

The minor on whose behalf the application is being submitted has/has never

been involved personally, or as a director of a company, in any bankruptcy,

insolvency or liquidation.

The minor on whose behalf the application is being submitted has/has never

been refused admission to, or been unlawfully present in, or been deported

from any country.

The minor on whose behalf the application is being submitted has/has never

assisted anyone to unlawfully enter, be present, or leave, any country.

The minor on whose behalf the application is being submitted has/has never

been refused a residence permit in any country.

The minor on whose behalf the application is being submitted has/has never

had an application for citizenship refused in any country.

If you have affirmed by the word "has" to any statement between C3 – C12, you are

required to provide a detailed explanation on an attached sheet. It is recommended

that you provide as much supporting information and documentation as possible.

The minor on whose behalf the application is being submitted is not

considered a Politically Exposed Person ("PEP").

A PEP is any individual who is currently an office holder or has been an office holder

in the past, or individuals who are or were formerly entrusted with high level public

functions, such as, senior politicians, heads of state or government, senior judicial or

military officials, officials of political parties and senior executives of state-owned

enterprises.

PEP definition also includes family members and close associates of a primary PEP. If

the minor is considered a PEP, you are required to provide a detailed explanation on

an attached sheet.

I declare further that

I have read and understood all the requirements in this form and that the

information supplied on or with this form, and any attachments, whether

supplied directly by myself or on my behalf, or on behalf of the minor in

whose name the application is being submitted, are true, correct and up-to-

date in every detail;

I am aware that further to the definition of ‘Identity Malta Agency’ under the

Data Protection Section (Part E) of this form, Identity Malta Agency includes

any other third party representatives that they may engage as approved by the

Agency;

I understand that if I have made false statements or omitted information

requested on this form, this citizenship application may be refused. If it is

found at a later stage that I have withheld information or provided false or

incorrect information, the minor on whose behalf the application is being

submitted may be deprived of his Maltese citizenship pursuant to article 14 of

the Maltese Citizenship Act, and that I may also face criminal prosecution;

I understand that if the minor on whose behalf the application is being

submitted fails to use his skills for the benefit of the Republic of Malta he may

be deprived of his Maltese Citizenship; (this declaration is to be deleted if

applicant is applying on the grounds of Part A(i) of this form);

I am aware that should the minor on whose behalf the application is being

submitted acquire Maltese citizenship, such acquisition (delete where not

applicable)

o

may/may not jeopardise his claim to the current citizenship(s) which

he currently holds, and

o

may/may not affect any right emanating from the possession of such

current citizenship(s);

I understand that Identity Malta Agency, reserves the right to verify any

personal information relating to me and the minor on whose behalf the

application is being submitted, and may carry out due diligence exercises for

the purposes of this application both prior to and following the granting of

such application;

I am also aware that in the course of such verification process, Identity Malta

Agency may disclose to third parties any personal information about me and

about the minor on whose behalf the application is being submitted and may

obtain from public sources, government bodies and/or private agencies,

further information, credit reports, criminal records and/or any other kind of

records deemed necessary about me and about the minor on whose behalf the

application is being submitted and to this effect I hereby release Identity

Malta Agency from any responsibility and/or liability;

That I undertake to inform the Minister immediately if, before the

naturalisation now applied for is effected, the particulars given above require

amendment in consequence of any change in the circumstances of the minor

child.

PART D – Certificate of Sponsors

(This part is to be filled only when the minor is fourteen years old or over)

D1.

I,.................................................................................................................................... of

........................................................................................................................... being a

citizen of Malta, otherwise than by naturalisation, hereby certify that the minor on

whose behalf this application is being made is a person known to me and of good

character, that in my opinion the minor would be a suitable citizen of Malta and that the

particulars in this application are correct to the best of my knowledge and belief.

Dated this ......................................

day of ...................... 20.................

Witness to signature

Signature of Sponsor

I.D./Passport No. ...........................

Name in Block Letters

I.D./Passport No. ...........................

(Note: The sponsor in this case must be a member of the House of Representatives, a

Judge, a Magistrate, an advocate, a notary public, a legal procurator, a medical

practitioner, a public officer not below the rank of principal, a police officer not below

the rank of inspector, an officer of the Armed Forces of Malta not below the rank of

captain, a parish priest.)

D2.

I,.................................................................................................................................... of

............................................................................................................................. being a

citizen of Malta, otherwise than by naturalisation, hereby certify that the minor on

whose behalf this application is being made is a person known to me and of good

character, that in my opinion the minor would be a suitable citizen of Malta and that the

particulars in this application are correct to the best of my knowledge and belief.

Dated this ......................................

day of ...................... 20.................

Witness to signature

Signature of Sponsor

I.D./Passport No. ...........................

Name in Block Letters

I.D./Passport No. ...........................

(Note: The sponsor in the case of this paragraph need not be in the class mentioned in

the note to D1)

PART E – Data Protection

Identity Malta Agency includes any other third party representatives that they may

engage as approved by the Agency, in any stage of the processing of this application.

For the purposes of the Data Protection Act, Identity Malta Agency is the data

controller for the processing of personal data in respect of this application. Any other

third party representatives engaged by them are the processors for Identity Malta

Agency.

Identity Malta Agency hereby declares that all processing of personal data with respect

to this application is made in accordance with the Data Protection Act, the Maltese

Citizenship Act, subsidiary legislation and any other law and regulation to which

Identity Malta Agency may be subject. All personal data is treated with the strictest

confidence and all security safeguards will be applied.

Such personal data will be processed for the purpose of the application for

naturalisation as a citizen of Malta, before and after the granting of this application.

The processing operations may include the following

(a)

verifying the identity of the person making the application and the minor on

whose behalf the application is being submitted;

(b)

carrying out due diligence checks both before and after the granting of this

application, to comply with statutory requirements and obligations in Malta

and abroad, in relation to anti-money laundering and also the countering of

the financing of terrorism;

(c)

disclosing personal data to government bodies and authorities as required by

law; and

(d)

complying with any other legal obligation to which Identity Malta Agency

may be subject.

Identity Malta Agency will ensure that all rights of the data subject emanating from the

Data Protection Act will be afforded to individuals concerned in this application.

PART F - Declaration on oath

Signature

Sworn/Affirmed before me at ..........................................................................

this ...........,........................... day of .................................... 20........................

Signature

(Commissioner for Oaths)

B

€1.44