Exceptional Services Regulations, 2020

L.N. 437 of 2020

MALTESE CITIZENSHIP ACT

(CAP. 188)

Granting of Citizenship for

Exceptional Services Regulations, 2020

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

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

following regulations:-

Part I

Preliminary

The title of these regulations is the Granting of citizenship

for Exceptional Services Regulations, 2020.

The scope of these regulations is to prescribe the

requirements and to regulate the granting of citizenship by

naturalisation for exceptional services to the Republic of Malta on the

basis of humanity, or on the basis of exceptional interest to the

Republic of Malta, in accordance with article 10(9) of the Maltese

Citizenship Act.

In these regulations, unless the context otherwise requires

"Act" means the Maltese Citizenship Act;

"Agency" means the Community Malta Agency established by

the Community Malta Agency (Establishment) Order;

2020. "applicant" means the person who applies for citizenship of

Malta by naturalisation under these regulations and includes a

dependent or a person who applies on behalf of another person;

"application" means an application made by the applicant under

these regulations;

"Agent" means an agent duly licensed and certified for the

purpose of the processing of applications under the Agents (Licences)

2020. Regulations;

"authenticated translation" means a translation made by a

recognised translator.

"certified copy" means a photocopy of an original document

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

notary public, commissioner for oaths, Maltese consular or diplomatic

officer, in accordance with such guidelines as the Agency may issue

from time to time;

"Commissioner" means the Information and Data Protection

Commissioner as defined in the Data Protection Act;

"dependant" means the family members of those applicants

making an exceptional direct investment in terms of Part IV and under

the First Schedule and shall include

(a) the spouse of the applicant in a monogamous

marriage or partner in another relationship having the same or

similar status to a monogamous marriage, including a civil

union, domestic partnership, common law marriage, provided

that for the purpose of these regulations, the term "spouse" in

these regulations shall be construed as gender neutral, and,

saving the discretion of the Minister to authorise, and on a case

by case basis, other relationships having a similar status as

aforesaid;

(b) a child, of the main applicant or of his dependant as

defined in paragraph (a) above including an adopted child, who

has not yet attained eighteen (18) years of age at the time when

the main applicant submits an application for citizenship by

naturalisation under these regulations and is accepted by the

Agency;

(c) a child, of the main applicant or of his dependant as

defined in paragraph (a) above including an adopted child, who

has attained eighteen (18) years of age but has not yet attained

twenty-nine (29) years of age, at the time when the main

applicant submits an application for citizenship by naturalisation

under these regulations and is accepted by the Agency, and who

is not married and proves, to the satisfaction of the Minister, that

he is wholly maintained or otherwise largely supported by the

main applicant;

(d) a parent or grandparent of the main applicant or of his

dependant as defined in paragraph (a) above who has attained

fifty-five (55) years of age at the time when the main applicant

submits an application for citizenship by naturalisation under

these regulations and who proves to the satisfaction of the

Minister that he is wholly maintained or otherwise largely

supported by the main applicant;

(e) a child, of the main applicant or of his dependant as

defined in paragraph (a) above, including an adopted child, who

at the time when the main applicant submits an application for

citizenship by naturalisation under these regulations has attained

eighteen (18) years of age, is a qualified person with a disability

as defined in the Equal Opportunities (Persons with Disability)

Act

Provided that where such child does not have full

capacity the provisions of article 21(3) of the Act shall apply.

"designated competent body" means the locally registered entity

in Malta, specified in the Third 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;

"due diligence data" shall mean any personal data pertaining to

the applicant collected and processed by the Agency as part of the due

diligence process, excluding the personal data collected by the Agency

directly from the applicant;

"eligibility form" means the prescribed form issued by the

Agency by which the applicant signifies his intention to the Minister to

apply for citizenship by naturalisation through exceptional

contribution or exceptional services by merit or exceptional direct

investment;

"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) of the

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

to be referred to the Minister responsible for citizenship;

"exceptional contribution" means manifestly superior and refers

primarily to contributions by scientists, researchers, athletes, sports

people, artists and cultural performers;

"exceptional direct investment" means the investment

requirement in the Maltese economy as defined in the First Schedule ;

"exceptional services by merit" means exceptional services to the

Republic of Malta or to humanity or whose naturalisation is of

exceptional interest to the Republic of Malta;

"Letter of Approval in Principle" means letter issued following

the approval in principle of the citizenship application by the main

applicant as provided for in regulation 16(7);

"Minister" has the same meaning as defined in the Act;

"person" shall mean a physical person and where applicable

means a legal person;

"police conduct 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;

"Regulation" shall mean Regulation (EU) 2016/679 of the

European Parliament and the Council of 27 April 2016 on the

protection of natural persons with regard to the processing of

personal data and on the free movement of such data, and

repealing Directive 95/46/EC.

Part II

General Provisions applicable to all applications

The Agency shall process all applications filed in Administration.

accordance with these regulations.

(1) A person may apply for a certificate of naturalisation Qualifications.

under these regulations if that person

(a) undertakes to take the oath of allegiance to the

Republic of Malta and to abide by the Constitution of Malta;

(b) undertakes to promote the fundamental

and

democratic values of the Republic of Malta;

(c) undertakes to support the Maltese Community in the

spirit of social justice and equity;

(d) satisfies the requirements prescribed under these

regulations.

(2) In addition to the qualifications set out in regulation 5(1), a

person may apply for a certificate under these regulations if that

(a) has rendered an exceptional contribution to the

Republic of Malta; or

(b)

has rendered an exceptional contribution to humanity;

(c)

is of exceptional interest to the Republic of Malta; or

(d) is willing to contribute through an exceptional

direct investment in the economic and social development of

the Republic of Malta.

(1) A person is disqualified from applying for the grant

of a certificate of naturalisation as a citizen of Malta in terms of these

regulations if

(a) he or any of this dependants is or was indicted of an

offence before an International Criminal Court or has been

arraigned at any time before an International Criminal Court,

whether such person has been found guilty, declared innocent or

otherwise acquitted for any reason by such Court;

(b) he or any of his dependants, are listed with the

International Criminal Police Organization (Interpol) or Europol;

(c) he or any of his dependants is an actual or potential

threat to national security, public policy or public health of

Malta;

(d) he or any of his dependants has, at any time, been

charged with or found guilty of crimes, related to

(i)

terrorism,

(ii)

money laundering,

(iii) funding of terrorism,

(iv) crimes against humanity,

(v)

war crimes,

(vi) crimes that infringe upon such Protection of

Human Rights and Fundamental Freedoms as established

by the European Convention on Human Rights.

(e) he or any of his dependants has, at any time, been

charged or found guilty of any criminal offences that disturb the

good order of the family, which 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;

(f) he or any of his dependants has, at any time, been

found guilty of, or at any time during the processing of the

application, has been interrogated or is suspected of, or has

criminal charges brought against him for any criminal offence

punishable with more than one (1) year’s imprisonment other

than an involuntary offence;

(g) he or any of his dependants is, or is likely to be,

involved in any activity which may cause disrepute to the

Republic of Malta;

(h) he or any of his dependants has been denied a visa to

a country with whom Malta has visa-free travel arrangements

and has not subsequently obtained a visa from that same country;

(i) he or any of his dependants is named or listed in

international sanctions applying restrictive measures on them;

that the Agency is bound by law, or has opted, to follow.

(1) Applications shall be made on the forms prescribed General

requirements.

under the Citizenship Regulations.

S.L. 188. 01.

(2) The applications and other accompanying documents shall

be completed in the English language and, if the original language of a

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

authenticated translation into English.

(3)

All forms shall be signed by the applicant.

(4) All applications shall be submitted by the applicant through

L.N. 435 of

an Agent licensed in terms of the Agents (Licences) Regulations

2020. Provided that an applicant for naturalisation for exceptional

services by merit may file the application directly not through an

Agent.

(5) All applications shall only be accepted and processed

provided that all forms are properly completed, dated, confirmed on

oath and signed, and accompanied by all required documents and fees.

(6) The Agency shall ensure that all applications are complete

and correct.

(7) If an applicant makes a false statement or otherwise omits

material information, his application may be suspended and/or

considered inadmissible.

(8) Where a document is required to be produced under these

regulations in support of an application

(a) such document must be an original document or a

certified copy; and

(b) 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.

(9) The following conditions shall apply to dependants who are

below the age of eighteen (18) years of age

(a) the forms shall be signed by both parents on behalf of

the dependant; and

(b) in the case where one parent has sole custody of a

dependant, or another person has legal guardianship of a

dependant, the appropriate legal documentation shall be

provided to demonstrate that sole custody or guardianship was

awarded to the said parent or person, as the case may be, by a

court of law or other relevant authority.

(1) The prospective applicant who is desirous to apply

for the eligibility assessment shall signify his intention to the Minister

on the applicable prescribed forms

Provided that a prospective applicant who intends to file an

application under the provisions of regulation 10 and making the direct

investment shall indicate the dependants that will be included in the

application for Maltese citizenship

Provided further that the dependants except in the case of

minors shall signify their intention on the applicable forms.

(2) The forms for the eligibility assessment shall be

accompanied by the originals or certified copies of the following

(a) a declaration on the form issued by the Agency, duly

filled and certified by the Agent of the applicant, that the

applicant and his dependants are fit and proper persons to hold

Maltese citizenship

Provided that in the case that the form is filed by an

applicant for naturalisation for exceptional services by merit may

file the application directly not through an Agent;

(b) a declaration on the form issued by the Agency, duly

filled and certified by a recognised medical practitioner, clinic,

hospital, medical or health institute or other health care system

attesting that the applicant and his dependants are in good health

and are not suffering from any contagious disease and are not

likely to become a burden on the Maltese public health system;

(c) a clean police conduct certificate or certificates: the

Agency may require the applicant to provide a clean police

conduct certificate from the countries where applicant has

resided for at least six (6) months during the last ten (10) years;

(d) any other document as may be required by the

Agency from time to time.

(3) The applicant shall attach with his applications a sworn

declaration made before a commissioner for oaths attesting that the

information provided is true and correct;

(4) The applicant shall pay the administrative fees established

in the First Schedule.

(5) Applicants for naturalisation for exceptional services by

direct investment shall pay the non-refundable due diligence fee

established in the First Schedule.

(1) The Agency shall, on behalf of the Minister, Eligibility

administer the due diligence and verification process of the eligibility assessment.

of the applicant.

(2) The Agency shall cause due diligence checks to be

performed also by third parties including one (1) or more

internationally recognised specialised due diligence service providers,

in respect of every applicant. Such due diligence checks shall be of a

four (4) tier nature or more, as the Agency shall determine from time

to time and may include security checks to be carried out by law

enforcement authorities in line with the Data Protection (Processing of S.L. 586. 08.

Personal Data by Competent Authorities for the Purposes of the

Prevention, Investigation, Detection or Prosecution of Criminal

Offences or the Execution of Criminal Penalties) Regulations, who

may use available tools for such purposes, as all other checks as

regards money laundering and terrorism financing risks by the

pertinent Authorities having the necessary authority to conduct such

checks.

(3) The Applicant shall provide a title to residential property in

Malta, except in the case of an applicant who is a minor or in the case

of a dependent of an applicant who is filing an application in terms of

Part IV or if a waiver has been given by the Minister in accordance

with paragraph (b) of sub-regulation (4) of regulation 11.

(4) An applicant may not apply for an eligibility assessment for

authorisation to apply for a certificate of naturalisation for exceptional

services by direct investment, unless he is eighteen (18) years of age.

(5)

The Agency shall ensure that

(a) all relevant information provided by the applicant has

been verified by one (1) or more independent due diligence

service providers;

(b) the background of the applicant and his dependants, if

any, has been verified by one (1) or more independent due

diligence service providers;

(c) the applicant shall attach with his application a sworn

declaration made before a commissioner for oaths, attesting that

the information that he has provided is true and correct;

(d) the source of funds of the applicant is legitimate with

due regard to anti money laundering and financing of terrorism

legislation and guidelines issued by the competent authorities;

(e) an appropriate risk weighting has been carried out as

established by the Agency;

(f) all non-refundable due diligence and administrative

fees have been made in accordance with the First Schedule.

(6) The Agency shall inform the Minister of its findings for his

review and decision.

(1) If the Minister is satisfied that the applicant meets the

necessary criteria he shall authorise the applicant to submit an

application for Maltese Citizenship on the prescribed form.

(2) The Agency shall immediately notify the applicant in

writing in accordance with the Minister’s instructions, that the

applicant is authorised to submit a full application for Maltese

Citizenship on the prescribed form

Provided that applications filed in terms of the provisions

of Part IV, such notification in writing shall be made to the applicant

through his Agent

Provided further that the applicant shall not submit the

application for a certificate of citizenship by naturalisation for

exceptional services before he has completed the residence

requirement as stipulated in these regulations.

Part III

Special Provisions applicable to naturalisation for exceptional services

by merit

(1) The Agency shall carry out on behalf of the Minister

the processing of applications for a certificate of citizenship of

naturalisation for exceptional services by merit.

(2) Every application shall be presented to the Minister

through the Agency.

(3) Only applicants authorised by the Agency on the

instructions of the Minister are eligible to submit a full application for

a certificate of citizenship by naturalisation for exceptional services by

merit.

(4) The application for a certificate of citizenship by

naturalisation for exceptional services by merit shall be accompanied

by the original documents or certified copies of the following

(a) proof of residence in Malta for at least eight (8)

months in the period preceding the date of application;

(b) proof of title of residential property in Malta, except

in the case of an applicant who is a minor

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;

(c) 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) a recommendation by two people who are qualified to

act as sponsors for the applicant for certificate of naturalisation

for Maltese citizenship for exceptional services.

(5) Following submission of all the documents by the

applicant, the Agency shall

(a)

update its due diligence;

(b) request the applicant to produce any further

documentation and information that it may require;

(c) request the applicant to pay any applicable

administrative fees established in the First Schedule.

(6) The Agency shall provide the Board with the application

and the findings of the due diligence and its verification process.

(1) The Evaluation Board shall evaluate applications

made under Part III and prepare an evaluation for the Minister.

(2) The composition of the Evaluation 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 (2) 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

Evaluation 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 Evaluation

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

the form set out in the Fourth Schedule . Such oath shall be taken

before, and shall be deposited with, the Attorney General.

(5) When any vacancy in the Evaluation Board occurs, the

Minister shall, as soon as practicable, appoint another person to fill the

vacancy.

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

office by the 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 Evaluation 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 Cap. 12.

Procedure.

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

the Evaluation Board may make its own rules and otherwise regulate

its own procedure.

(9) The Minister shall appoint a Secretary to the Evaluation

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

and shall determine their duties.

(10) The Evaluation 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 findings of the Evaluation Board shall, through the

Agency, be signed by the Chairperson and by the Secretary and

forwarded to the Minister for his consideration.

(1) The Evaluation Board shall evaluate the applications Evaluation

submitted and prepare an evaluation report. In order to properly carry process.

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. The Evaluation Board shall keep a

record of its evaluation in writing.

(2) The Evaluation Board shall, through the Agency, provide

the Minister with a reasoned opinion containing the findings of their

evaluation.

(3) The Minister shall determine whether a certificate of

naturalisation as a citizen of Malta shall be granted to the applicant and

instruct the Agency to inform the applicant about his decision

Provided that if the application is filed through an Agent,

the notification of the decision shall be made through the Agent of the

applicant.

(4)

The Agency shall notify the applicant in writing, in

accordance with the Minister’s instructions, that the application has

been

(a)

approved; or

(b)

refused

Provided that if the application is filed through an Agent,

the notification of the decision shall be made through the Agent of the

applicant

Provided further that where an application is approved in

accordance with paragraph (a), the Agency shall issue a Letter of

Approval in Principle to the applicant.

(1) Subject that the conditions of the Letter of Approval

in Principle have been satisfied, and all fees are settled, the Agency

shall inform the Minister that all requisites for the issue of a certificate

of citizenship by naturalisation for exceptional services by merit in the

name of the applicant are satisfied.

(2) The applicant shall be required to complete the process and

take the oath of allegiance within six (6) months from the approval in

Principle by the Minister.

(3) The Agency may suspend or terminate the application

process before the applicant takes the oath of allegiance, if he fails to

satisfy all conditions or if the Minister is no longer satisfied that the

applicant is worthy of Maltese citizenship.

Part IV

Special provisions applicable to naturalisation for exceptional services

by direct investment

(1) The Agency shall carry out on behalf of the

Minister the processing of applications for a certificate of

citizenship by naturalisation for exceptional services by Direct

Investment in the economic and social development in the Republic

of Malta.

(2) Every application shall be presented to the Minister

through the Agency.

(3) Only applicants authorised by the Agency on the

instructions of the Minister are eligible to submit a full application for

a certificate of citizenship in terms of regulation 10.

(1) The application for naturalisation through exceptional Requisites of

services by direct investment for applicants shall be accompanied by the application.

the originals or certified copies of the following

(a) for the main applicant and dependants aged eighteen

(18) and above, proof of residence in Malta, for a period of thirty

six (36) months, provided that this period may by exception be

reduced to a minimum of twelve (12) months subject to an

exceptional direct investment, to be effected prior the issue of

the certificate of naturalisation, as provided in the First

Schedule;

(b) an undertaking to either purchase, an immovable

residential property in Malta having a minimum value of seven

hundred thousand euro (€700,000) or to take on a lease of a

residential immovable property in Malta for a minimum annual

rent of sixteen thousand euro (€16,000), which property shall be

adequate and suitable for the applicant and his dependants, for a

minimum period of five (5) years from the date of issue of the

certificate of citizenship.

(c) an undertaking to carry out an exceptional direct

investment in Malta, in accordance with these regulations;

(d) an undertaking to donate, prior to the issue of the

certificate of naturalisation, a minimum of ten thousand euro

(€10,000) to a registered philanthropic, cultural, sport, scientific,

animal welfare or artistic non governmental organisation or

society, or as otherwise approved by the Agency.

(2) The applicant may, at any time prior to submitting the

citizenship application, apply to include with his application other

minor dependants by complying with the requirements under these

regulations, including the submission of eligibility form and due fees.

(3) The dependants of the applicant mentioned in sub-

regulations (1) and (2) may submit an application if they have been

authorized to do so in accordance with regulation 10.

(4) Following submission of all the documents by the

Applicant, the Agency shall

(a)

update its due diligence;

(b) request the applicant to produce any further

documentation and information that it may require;

(c)

request

the

applicant

to

pay

any

applicable

administrative fees established in the First Schedule.

(5)

The Agency shall provide the Minister with its findings.

(6) The Minister shall determine whether a certificate of

naturalisation as a citizen of Malta shall be granted to the applicant and

instruct the Agency to inform the applicant through his Agent about

his decision.

(7) The Agency shall notify the Agent in writing, in

accordance with the Minister’s instructions, that the application has

been

(a)

approved; or

(b)

refused

Provided that where an application is approved in

accordance with paragraph (a), the Agency shall issue a Letter of

Approval in Principle to the applicant

Provided further that within four (4) months from the issue

of the Letter of Approval in Principle the applicant shall submit a

certified copy of the contract of purchase or of the lease agreement.

The applicant may not dispose of the property for a period of at least

five (5) years from the date of the certificate of citizenship but may be

authorised by the Agency to substitute the said property by purchasing

or leasing another equivalent property. The Applicant shall also

provide documentary evidence that the conditions stipulated in this

regulation have been satisfied.

(1) Subject that the conditions of the Letter of Approval

in Principle have been satisfied, and all investments and fees are

settled, the Agency shall inform the Minister that all requisites for the

issue of a certificate of citizenship by naturalisation for exceptional

services by direct investment in the name of the applicant are satisfied.

(2) The applicant shall be required to complete the process and

take the oath of allegiance within six (6) months from the approval in

Principle by the Minister.

(3) The Agency may suspend or terminate the application

process before the applicant takes the oath of allegiance, if he fails to

satisfy all conditions and the Minister is no longer satisfied that the

applicant is worthy of Maltese citizenship.

During the first five (5) years from the grant of the

certificate of Maltese citizenship, the Agency may request the

applicant to provide any information or documentation and may also

subject the applicant to an interview.

The number of certificates by Maltese Citizenship by Maximum

Naturalisation for Exceptional Services by Direct Investment number

admissions.

granted, excluding dependants, shall not exceed four hundred (400)

per annum, and in any case the total accumulated amount of

successful applicants excluding dependants shall not exceed one

thousand five hundred (1,500).

Part V

Miscellaneous Provisions

(1) Where a document is required to be produced under

these regulations in support of an application

(a) such document must be an original document or, a

true copy certified by a lawyer, notary, Maltese consular or

diplomatic representative or a Commissioner for Oaths;

(b) 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; and

(c) any other requirement that the Agency may impose

from time to time.

(2) Where a lawyer, notary public or commissioner for oaths

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 of 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, notary

public or Commissioner for Oaths by the appropriate

government department or other competent authority in the case

of a jurisdiction that is not a party to that Convention and 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.

The due diligence fees, administrative fees and any other Non-refundable

fee, investment or charge levied or payable under these regulations fees

investment.

are not refundable.

(1) The applicant shall prior to taking the oath of

allegiance undertake and confirm in writing that he shall continue to

observe and fulfil all obligations in terms of his application and these

regulations for a minimum period of five (5) years from the certificate

of naturalisation.

(2) The Agency reserves the right to request proof of

observation of these obligations and to make its own verifications.

The Agency shall, from time to time, issue procedural

guidelines to specify the operational aspects and interpretations under

these regulations.

(1) Without prejudice to the provisions of article 14 of

the Act, the Minister shall have the power to deprive a person of

Maltese citizenship granted under these regulations, if an applicant

(a) fails to comply with any material obligation under

these Regulations; or

(b)

becomes a threat to national security; or

(c) is involved in conduct which is seriously prejudicial

to the interests of the Republic of Malta; or

(d) in the case of an individual who acquired Maltese

citizenship in terms of Part III, the said individual fails to use his

skills for the benefit of the Republic of Malta.

(2) 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.

No person shall, without the Agency’s consent, advertise,

publish or otherwise disseminate publicity through any means

whatsoever on the acquisition of citizenship by naturalisation in terms

of these regulations.

(1) Nothing in these regulations shall prejudice the

applicability of the Regulation and the Data Protection Act and the

fundamental rights and freedoms of the data subject.

(2) Where the Agency in its capacity of data controller

processes personal data on the applicant or the beneficiary and, or

dependants, as established under these regulations, it shall

(a) comply with the principles relating to processing of

personal data pursuant to Article 5(1) of the Regulation;

(b) apply appropriate technical and organisational

measures to ensure a level of security appropriate to the risk

posed, and prevent abuse or unlawful access to or transfer of,

personal data pertaining to the applicants.

(3) The controller shall retain the personal data of the

beneficiary and/or his dependants as long as the certificate issued to

the beneficiary and dependants, if any, pursuant to these regulations

remains valid

Provided that where the application is refused, or where the

certificate is revoked, such data shall be retained for the purposes of

these regulations for a period of five (5) years from the date of the

refusal of the application or the revocation of the certificate thereof.

(4) Where the Agency pursuant to its functions under these

regulations processes information in relation to the due diligence

process, the Agency may restrict the rights and obligations provided

for in Articles 14 to 20 and Article 34 of the Regulation in accordance

with Article 23 of the Regulation

Provided that such personal data shall only be restricted in

case the Agency refuses the application or revokes the certificate

Provided further that the Agency’s Data Protection Officer

designated pursuant to Article 37 of the Regulation shall be consulted

as appropriate in a timely manner in the entire process of applying the

restriction.

(5) The restrictions under sub-regulation (4) shall only apply in

the event that these restrictions are considered as a necessary and

proportionate measure to protect the sources and confidentiality of

legally privileged information collected in the course of carrying out

the due diligence process and to

(a) safeguard important objectives of general public

interest of the Republic of Malta; or

(b) protect national and public security and the

obligations of the Agency connected with its functions pursuant

to these regulations.

(6) The Agency shall apply the restrictions referred to in sub-

regulation (4) for as long as the reasons justifying them remain

applicable following a necessity and proportionality test

Provided that such reasons justifying the restrictions shall

be documented and made available to the Commissioner when and as

required.

(7) Where the reasons for a restriction no long apply, the

Agency shall lift the restriction and inform the data subject concerned

accordingly and comply with the rights and obligations provided for in

Articles 14 to 20 and Article 34 of the Regulation.

(8) The Agency shall review the application for the restrictions

referred to in this regulation every year and depending on the outcome

of such review inform the data subject accordingly.

(9) For the safeguard of the rights and freedoms of the data

subject, the following conditions and safeguards shall apply to

documents, reports and other personal data processed throughout the

due diligence process subject to the restrictions in terms of sub-

regulation (4)

(a) access to due diligence data by competent authorities

other than the Agency shall not be permitted unless provided for

by law;

(b) the Agency shall maintain an audit trail record of

access to due diligence data by competent authorities, containing

at least the date of the access, the identifiable details of the

Agency’s officer accessing the data, the requesting competent

authority and the purpose for the access. Such audit trail record

shall be kept for as long as the due diligence data is stored in line

with regulation 20(3);

(c) the Agency’s Data Protection Officer shall keep a

register to record the restrictions applied in relation to the

requests made by the applicants. The register shall include the

details of the applicants, the right requested to be exercised that

was restricted and the purpose for such restriction. Restriction of

rights in terms of Article 34 of the Regulation, shall also be

recorded in the register; and

(d) the applicants in their capacity as data subjects shall

be informed of the application of restrictions to their rights by

informing the data subject concerned in reply to the request to

exercise any of the rights which are being restricted in terms of

these regulations, unless this may be prejudicial to the purpose of

the restriction

Provided that the Agency justifies the prejudice

claimed by the Agency to the Commissioner when and where

requested.

(10) In this regulation unless the context otherwise requires,

Article 4 of the Regulation shall mutatis mutandis apply.

(1) Other than for the proper discharge of their duties or Confidentiality.

functions under these regulations and in terms of the Act, including for

the purposes of the due diligence checks referred to in regulation 9, or

as may be otherwise provided in any other law, the Agency, and the

officers and employees of the Agency, shall treat all information

furnished in accordance with these regulations and at all times as

confidential and shall be solely used by the Agency for the purpose of

these regulations, shall treat any information acquired in the discharge

of their duties as confidential, and shall not, directly or indirectly,

disclose such information to any other person, except with the consent

of the person to whom the information relates. For the purposes of this

sub-regulation, "employees" and "officials" shall include former

employees and officials.

(2) No person appointed or employed by the Agency in

carrying out the provisions of these regulations shall be required to

produce in any court, tribunal, board or committee of inquiry any

document or to divulge any matter coming under his notice in the

performance of his duties under these regulations except as may be

lawfully required under any applicable law or for the purpose of

carrying into effect the provisions of these regulations, or for the

purpose or in the course of any appeal made or proceedings instituted

in accordance with these regulations or a prosecution for any offence

against any of the provisions of these regulations.

(3) Notwithstanding the provisions of the other sub-regulations

of this regulation or of any other law, the Agency shall have the power

to furnish to the Commissioner for Revenue, the Financial Intelligence

Analysis Unit, the Malta Financial Services Authority and the

Commissioner of Police such information, being information obtained

by the Agency for any of the purposes of these regulations.

(4) Without prejudice to the foregoing provisions of this

regulation, the Agency may, pursuant to a written request, disclose

information to local or overseas enforcement or regulatory authorities

or police agencies, or a network or grouping comprising such local or

overseas enforcement or regulatory authorities or police agencies, or

both, for the purpose of preventing, detecting, investigating or

prosecuting the commission of acts or omissions that amount to or are

likely to amount to a criminal offence under any applicable law or to

an offence or breach of a regulatory nature, whether in Malta or

overseas.

All information obtained through the due diligence process

and its sources shall be kept secret.

Any person may make a protected disclosure to the

Agency

Provided that a disclosure shall be deemed to be a protected

disclosure if it is made in good faith, if the person making the

disclosure reasonably believes, at the time of making the disclosure

based on the information he has at that moment, that the information

disclosed and any allegation contained in it are substantially true and

that the information disclosed tends to show an improper practice

being committed by a main applicant or any dependants and the

disclosure is not made for purposes of personal gain

Provided further that disclosures shall be made on the

grounds of bribery, corrupt practices and improper practice of a main

applicant or any dependants.

(1) The fees set out in the First and Second Schedule, as

the case may be, shall be paid for the matters therein respectively

specified.

(2) The provisions of the Fees Ordinance shall apply to the fees

set out in the First and Second Schedule as if they were fees prescribed

under the said Ordinance.

(1) The Individual Investor Programme of the Republic

of Malta Regulations and the Grant of Citizenship for Exceptional

Services Regulations are hereby being repealed

Provided that the Individual Investor Programme of the

Republic of Malta Regulations shall remain in force until the

maximum amount of applications established in regulation 12 of the

said regulations is reached.

(2) Applications for naturalisation by applicants submitted in

terms of the Individual Investor Programme of the Republic of Malta

Regulations and the Grant of Citizenship for Exceptional Services

Regulations shall remain regulated by the said Individual Investor

Programme of the Republic of Malta Regulations and the Grant of

Citizenship for Exceptional Services Regulations

Provided that any decision, action and notification

effected in terms of the Individual Investor Programme of the

Republic of Malta Regulations and the Grant of Citizenship for

Exceptional Services Regulations shall remain valid.

(3) The acquisition, deprivation or retention of Maltese

citizenship by naturalisation obtained in terms of Individual Investor S.L. 188. 03.

Programme of the Republic of Malta Regulations and the Grant of S.L. 188. 04.

Citizenship for Exceptional Services Regulations prior to the coming

into force of these regulations shall not in any way be affected.

(4) On the date of coming into force of these regulations, any

natural person or legal organisation recognised by law already carrying

out the services of an Approved Agent shall be obliged to conform L.N. 435 of

with the Agents (Licences) Regulations within three (3) months from 2020.

their coming into force, provided that payment of the license fee as

established in regulation 5(2) of the Agents (Licences) Regulations is

to be paid by the Approved Agent upon the date of its next annual

renewal, whenever this may be.

First Schedule

Naturalisation for Exceptional Services Regulations, 2020 Schedule of

Fees

1. Naturalisation for exceptional services by direct investment

The following shall constitutes part of the minimum

requirements to qualify for citizenship under these regulations

(a) applicant: six hundred thousand euro (€600,000) , of

which a payment of ten thousand euro (€10,000) shall be paid to

the Agency as a non-refundable deposit together with the

residence application 16(1)(a); whereas the applicant is already a

resident of Malta, the non-refundable deposit shall be paid to the

Agency together with the eligibility form

(i) without prejudice to regulation 16 where the

application is submitted before the completion of thirty six

(36) months residence: seven hundred and fifty thousand

euro (€750,000), of which a payment of ten thousand euro

(€10,000) shall be paid to the Agency as a non-refundable

deposit together with the residence application 16(1)(a);

whereas the applicant is already a resident of Malta, the

non-refundable deposit shall be paid to the Agency together

with the eligibility form

(b) for each dependant referred to in the definition of the

term ‘dependant’ in regulation 2: fifty thousand euro (€50,000).

2. Schedule of Fees

The following fees, exclusive of any taxes, shall be payable

under each application in terms of the regulations

Due diligence fees applicable with the eligibility application for

exceptional investment applicants

(a)

applicant: fifteen thousand euro (€15,000);

(b) for each dependant referred to in the definition of the

term ‘dependant’ in regulation 2: ten thousand euro (€10,000);

(c) for every third party contributing financially to the

application: fifteen thousand euro (€15,000).

(3) Administrative fees due together with all eligibility

applications

The following fees are exclusive of any taxes

(a) administrative fee per applicant: one thousand euro

(€1,000);

(4) Notwithstanding the provisions of any other regulations,

the fees stipulated in this Schedule shall apply in respect of

applications and grants of citizenship under these Regulations and

shall include all other fees applicable regarding the applications for

naturalization and certificates issued under these Regulations.

(5) Administrative fees due together with all citizenship

applications

The following fees are exclusive of any taxes

(a)

administrative fee per applicant: five hundred euro

(€500);

Second Schedule

(Regulation 16)

A fee of five thousand euro (€5,000) exclusive of any taxes shall

be applicable in the case of a prospective applicant, and one thousand

euro (€1,000), exclusive of any taxes, for each dependant, prior to

submitting an application under these regulations for a residence

permit may be issued to him in order that he may satisfy the provisions

of regulation 16.

Third Schedule

(Regulation 3)

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.

Fourth Schedule

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

€2.25