GRANTING OF CITIZENSHIP BY NATURALISATION ON THE BASIS OF MERIT REGULATIONS

THE BASIS OF MERIT

SUBSIDIARY LEGISLATION 188.06

GRANTING OF CITIZENSHIP BY NATURALISATION

ON THE BASIS OF MERIT REGULATIONS

20th November, 2020

LEGAL NOTICE 437 of 2020, as amended by Legal Notice 159 of

2025. Part I

Preliminary

*

The title of these regulations is the Granting of

Citizenship by Naturalisation on the basis of Merit Regulations.

†

The scope of these regulations is to prescribe the

requirements and to regulate the granting of citizenship by

naturalisation on the basis of merit in accordance with article 10(9) of

the 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;

"applicant" means an applicant who submits an

application for citizenship of Malta by naturalisation in

accordance with these regulations and shall also include a main

applicant who applies on his own behalf and on behalf of a

dependant or a person who applies on behalf of another person,

but does not include a dependant;

"application" means any proposal or application made by

the applicant in accordance with these 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

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

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 the main

applicant in terms of these regulations, to the extent indicated and

strictly related to the naturalisation process and shall include

(a)

the spouse of the main 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" shall be construed as

gender neutral, and saving the discretion of the Minister to

authorise, 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) including an adopted

child, who has not yet attained eighteen (18) years of age at

the time when the main applicant submits a proposal letter

in terms of regulation 11A which is accepted by the

Agency;

(c)

a child of the main applicant or of his

dependant as defined in paragraph (a) including an adopted

child, who has attained eighteen (18) years of age but has

not yet attained twenty-nine (29) years of age, when the

main applicant submits a proposal letter in terms of

regulation 11A which 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 child of the main applicant or of his

dependant as defined in paragraph (a), including an

adopted child, who at the time when the main applicant

submits a proposal letter in accordance with these

regulations has attained eighteen (18) years of age and is

wholly maintained or otherwise largely supported by the

main applicant and 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

legal capacity the provisions of article 21(3) of the Act

shall apply;

THE BASIS OF MERIT

"designated competent body" means the locally registered

entity in Malta as designated by the Agency from time to time

that is capable of determining 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 or is of exceptional interest to the Republic of

Malta or otherwise falls within the parameters of article 10(9) of

the Act;

"due diligence data" means any personal data pertaining

to the applicant, or the dependant or dependants if applicable,

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 or the dependant or

dependants, if applicable;

"Evaluation Board" or the "Board" means the group of

individuals appointed in accordance with these regulations to

evaluate applications made in a c c o r d a n c e w i t h article

10(9) of the Act and to prepare a recommendation with regard to

each application to be referred to the Minister responsible for

citizenship in terms of these regulations;

"exceptional" shall have the same meaning assigned to it

in article 10(9) of the Act;

"exceptional contributions" shall have the same meaning

assigned to it in article 10(9) of the Act;

"exceptional interest" shall have the same meaning

assigned to it in article 10(9) of the Act;

"exceptional services" shall have the same meaning

assigned to it in article 10(9) of the Act;

"letter of approval" means the letter issued following the

approval of the application for naturalisation on the basis of

merit submitted by the applicant as provided for in regulation

11B;

"letter of approval in principle" means the letter issued

following the approval in principle of the proposal letter made

by the applicant as provided for in regulation 11A;

"main applicant" means the person who submits an

application in terms of these regulations wherein dependants are

included;

"Minister" shall h a v e the same meaning assigned to it

in article 2 o f the Act;

THE BASIS OF MERIT

"person" means a physical person and where applicable

means a legal person;

"Regulation" means 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 *

Applications for citizenship by naturalisation on the basis of merit

The Agency shall process all applications filed in

accordance with these regulations.

†

(1)

A person, including a dependant of a main

applicant, may qualify for a certificate of naturalisation 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 all the applicable requirements prescribed

under these regulations.

(2)

In addition to the qualifications established in sub-

regulation (1), a person may qualify for a certificate of naturalisation

in accordance with these regulations if such person

(a)

renders an exceptional service to the Republic of

Malta or to humanity; or

(b)

makes an exceptional

contribution

to the

Republic of Malta or to humanity; or

(c)

is of exceptional interest to 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

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

arraigned at any time before an International Criminal Court,

whether such person has been found 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 are an actual or

potential threat to national security, public policy or public

health of Malta;

(d)

he or any of his dependants have, at any time,

been charged 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 have, 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 have, at any time,

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

application, have been interrogated or are suspected of, or have

criminal charges brought against them, for any criminal offence

THE BASIS OF MERIT

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

an involuntary offence;

(g)

he or any of his dependants are or are likely to be

involved in any activity which may cause disrepute to the

Republic of Malta;

(h)

he or any of his dependants have been denied a

visa to a country with whom Malta has visa-free travel

arrangements and have not subsequently obtained a visa from

such country

Provided that such applicant may still be

considered as eligible to apply if the Agency is satisfied that the

visa was not denied on grounds concerning public policy, or

serious threats to public security and, or public health under

Maltese law;

(i)

he or any of his dependants are 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, other than a proposal letter, shall be

made on such forms as may be prescribed under the Citizenship

Regulations.

(2)

The applications and other accompanying documents

shall be completed in the Maltese or English language and, if the

original language of a document is not Maltese or English, the

document shall be accompanied by an authenticated translation into

Maltese or English.

(3)

All forms shall be signed by the applicant.

(4)

All applications submitted for naturalisation in terms of

these regulations may be submitted by an applicant, together with his

dependants, where applicable, or by such other competent professional

as approved by the Agency and duly authorised by the applicant.

(5)

All applications shall only be accepted and processed

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

oath,where applicable, 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 or any of his dependants, makes a false

statement or otherwise omits material information, his application may

*Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

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.

*

Deleted by Legal Notice 159 of 2025.

†

Deleted by Legal Notice 159 of 2025.

‡

Deleted by Legal Notice 159 of 2025.

Part III §

The Application and Evaluation Process

** (1)

The Agency shall carry out on behalf of the

Minister the processing of applications for citizenship by naturalisation

on the basis of merit.

(2)

Every application shall be presented to the Minister

through the Agency.

(3)

Only applicants in receipt of a letter of approval in

principle and any dependants included therein in terms of these

regulations are eligible to submit an application for a certificate of

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.

§Vide regulation 25 of Legal Notice 159 of 2025.

**Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

citizenship by naturalisation on the basis of merit in terms of regulation

‡ (1)

Individwu li japplika għan-naturalizzazzjoni

abbażi tal-mertu skont dawn ir-regolamenti għandu l-ewwel

jissottometti lill-Bord permezz tal-Aġenzija, proposta komprensiva

permezz ta’ ittra, li tikkonsisti f’dan li ġej

(a)

introduzzjoni tal-applikant u, jekk applikabbli, tad-

dipendenti tiegħu flimkien ma’ ħarsa komprensiva tal-kisbiet

tiegħu;

(b)

deskrizzjoni dettaljata tas-servizz eċċezzjonali jew

tal-kontribuzzjoni eċċezzjonali li l-applikant għandu l-intenzjoni

li jagħti jew jagħmel għall-benefiċċju tar-Repubblika ta’ Malta

jew tal-umanità skont dawn ir-regolamenti, jew deskrizzjoni

dettaljata għaliex għandu jitqies ta’ interess eċċezzjonali għar-

Repubblika ta’ Malta;

(ċ)

pjan dettaljat dwar kif l-applikant għandu l-

intenzjoni li jkompli jikkontribwixxi għar-Repubblika ta’ Malta

wara n-naturalizzazzjoni, f’każ li l-applikazzjoni tirnexxi; u

(d)

kwalunkwe dokument ieħor li l-Aġenzija tista’

titlob wara li tirċievi l-ittra ta’ proposta.

(2)

Hekk kif l-Aġenzija tkun sodisfatta bil-kompletezza tal-

ittra ta’ proposta iżda fi kwalunkwe każ qabel ma tissottometti l-ittra ta’

proposta għall-evalwazzjoni mill-Bord għall-finijiet ta’ dan ir-

Regolament, l-Aġenzija għandha

(a)

taċċerta t-twettiq ta’ kontrolli ta’ due diligence

anke minn partijiet terzi, inkluż fornitur wieħed (1) jew aktar ta’

servizzi speċjalizzati ta’ due diligence rikonoxxuti

internazzjonalment, fir-rigward ta’ kull applikant u d-dipendenti

*Vide regolament 25 tal-Avviż Legali 159 tal-2025.

†Vide regolament 25 tal-Avviż Legali 159 tal-2025.

‡Vide regolament 25 tal-Avviż Legali 159 tal-2025.

NATURALIZZAZZJONI ABBAŻI TAL-MERTU

tiegħu, fejn applikabbli. Tali kontrolli tad-due diligence

għandhom isiru fuq erba’ (4) livelli jew aktar, kif l-Aġenzija

għandha tiddetermina minn żmien għal żmien u jistgħu jinkludu

kontrolli tas-sigurtà li għandhom jitwettqu mill-awtoritajiet tal-

infurzar tal-liġi f’konformità mar-Regolamenti dwar il-

Protezzjoni tad-Data (Ipproċessar ta’ Data Personali minn

Awtoritajiet Kompetenti għall-Finijiet tal-Prevenzjoni, l-

Investigazzjoni, is-Sejbien jew il-Prosekuzzjoni ta’ Reati

Kriminali jew l-Eżekuzzjoni ta’ Pieni Kriminali)

Iżda fir-rigward tal-kontrolli li jikkonċernaw ir-

riskji tal-ħasil tal-flus u l-finanzjament tat-terroriżmu, l-

awtoritajiet tal-infurzar tal-liġi jistgħu jużaw l-għodod

disponibbli użati mill-awtoritajiet pertinenti li jkollhom l-

awtorità meħtieġa sabiex iwettqu tali kontrolli;

(b)

ikollha l-informazzjoni rilevanti kollha pprovduta

mill-applikant ivverifikata minn fornitur indipendenti wieħed

(1) jew aktar ta’ servizzi ta’ due diligence, b’kunsiderazzjoni

xierqa għal-leġiżlazzjoni u l-linji gwida dwar il-ġlieda kontra l-

ħasil tal-flus u l-finanzjament tat-terroriżmu maħruġa mill-

awtoritajiet kompetenti;

(ċ)

ikollha l-isfond tal-applikant u d-dipendenti

tiegħu, jekk ikun hemm, ivverifikat minn fornitur indipendenti

wieħed (1) jew aktar ta’ servizzi ta’ due diligence;

(d)

tiżgura li tkun twettqet valutazzjoni xierqa tar-

riskju kif stabbilit mill-Aġenzija;

(e)

titlob lill-applikant sabiex jipproduċi kwalunkwe

dokumentazzjoni u informazzjoni ulterjuri li l-Aġenzija tista’

teħtieġ dwar l-applikant u d-dipendenti tiegħu, fejn applikabbli;

(f)

titlob lill-applikant sabiex iħallas kwalunkwe dritt

amministrattiv applikabbli mhux rimborsabbli kif jista’ jiġi

stabbilit mill-Aġenzija minn żmien għal żmien jew kwalunkwe

drittijiet oħra skont il-każ.

(3)

Hekk kif l-Aġenzija tkun sodisfatta bil-kompletezza u t-

twettiq tal-kontrolli kollha skont is-subregolament (2), għandha titlob

lill-Bord sabiex jevalwa l-proposta sottomessa mill-applikant skont

dawn ir-regolamenti. Matul dan il-proċess, il-Bord jista’, inter alia,

jitlob dokumenti jew informazzjoni addizzjonali mingħand l-

applikant, permezz tal-Aġenzija, kif iqis meħtieġ.

(4)

Il-Bord, wara l-proċess ta’ evalwazzjoni, għandu jkollu l-

awtorità li jirrakkomanda l-proposta lill-Aġenzija għall-approvazzjoni

jew iċ-ċaħda abbażi tal-valutazzjoni tiegħu. L-Aġenzija għandha

sussegwentement tissottometti r-rakkomandazzjoni tal-Bord lill-

Ministru għall-approvazzjoni finali jew għaċ-ċaħda. Il-Ministru ma

NATURALIZZAZZJONI ABBAŻI TAL-MERTU

għandux ikun obbligat li jipprovdi xi raġuni sabiex isostni d-deċiżjoni

tiegħu, liema deċiżjoni għandha tkun finali.

(5)

Jekk il-proposta tiġi miċħuda mill-Ministru, l-Aġenzija

għandha tavża lill-applikant bil-miktub dwar ir-rifjut.

(6)

Jekk il-proposta tiġi approvata fil-prinċipju mill-Ministru,

l-Aġenzija għandha toħroġ ittra ta’ approvazzjoni fil-prinċipju favur l-

applikant u d-dipendenti tiegħu fejn applikabbli.

11A. * (1)

An individual applying for naturalisation on the

basis of merit in terms of these regulations shall first submit a

comprehensive proposal to the Board through the Agency by means of

a letter, consisting of the following

(a)

an introduction of the applicant and, if applicable,

his dependants together with a comprehensive overview of his

achievements;

(b)

a detailed description of the exceptional service or

exceptional contribution the applicant intends to render or make

for the benefit of the Republic of Malta or of humanity in

accordance with these regulations, or a detailed description of

why he should be considered of exceptional interest to the

Republic of Malta;

(c)

a detailed plan on how the applicant intends to

continue contributing to the Republic of Malta following

naturalisation, should the application be successful; and

(d)

any other documents the Agency may request

following receipt of the proposal letter.

(2)

Once the Agency is satisfied with the completeness of the

proposal letter but in any case prior to submitting the proposal letter for

evaluation by the Board for the purposes of this regulation, the Agency

shall

(a)

cause due diligence controls to be performed also

by third parties, including one (1) or more internationally

recognised specialised due diligence service providers, in

respect of every applicant and his dependants, where applicable.

Such due diligence controls 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 accordance with the Data Protection (Processing

of 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

Provided that with regard to controls concerning

money laundering and terrorism financing risks, law enforcement

authorities may use available tools used by pertinent authorities

having the necessary authority to conduct such controls;

*Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

(b)

have all relevant information provided by the

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

service providers, with due regard to anti-money laundering and

financing of terrorism legislation and guidelines issued by the

competent authorities;

(c)

have the background of the applicant and his

dependants, if any, verified by one (1) or more independent due

diligence service providers;

(d)

ensure that an appropriate risk assessment has been

carried out as established by the Agency;

(e)

request the applicant to produce any further

documentation and information that the Agency may require on

the applicant and his dependants, where applicable;

(f)

request the applicant to pay any applicable non-

refundable administrative fees as may be established by the

Agency from time to time and such other fees as the case may be.

(3)

Once the Agency is satisfied with the completeness and

fulfilment of all controls in terms of sub-regulation (2), it shall request

the Board to evaluate the proposal submitted by the applicant in terms

of these regulations. During this process, the Board may, inter alia,

request additional documents or information from the applicant,

through the Agency, as it deems necessary.

(4)

The Board, following the evaluation process, shall have

the authority to recommend the proposal to the Agency for approval or

rejection based on its assessment. The Agency shall subsequently

submit the recommendation of the Board to the Minister for final

approval or rejection. The Minister shall not be obliged to provide any

reason in support of his decision, which decision shall be final.

(5)

If the proposal is rejected by the Minister, the Agency

shall notify the applicant in writing of the refusal.

(6)

If the proposal is approved in principle by the Minister, the

Agency shall issue a letter of approval in principle in favour of the

applicant and his dependants where applicable.

11B. * (1)

Pursuant to the receipt of the letter of approval in

principle in accordance with these regulations, the applicant, together

with his dependants, where applicable, may subsequently proceed to file

an application for naturalisation on the basis of merit, which application

shall be accompanied by

(a)

proof of residence in Malta for a period of at least

*Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

eight (8) months or more in the period preceding the date of

application;

(b)

in the case of an applicant who has submitted a

proposal letter, proof of title to adequate residential property in

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

Provided that where the applicant who has

submitted a proposal letter and is not a main 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)

an indication of the exceptional service or the

exceptional contribution rendered or made or to be rendered or

made to the Republic of Malta or to humanity, or of the

exceptional interest that his naturalisation is or may be to the

Republic of Malta together with an endorsement by the

designated competent body in terms of these regulations, as may

be requested by the Board;

(d)

a confirmation of adequate knowledge of Maltese or

English; and

(e)

proof of all other ties created with the Republic of

Malta as at that stage as proposed in the proposal letter.

(2)

Upon receipt of an application, the Agency shall

(a)

update its due diligence;

(b)

request the applicant to produce any further

documentation and information that it may require on the

applicant and his dependants, where applicable at its discretion;

(c)

request the applicant to pay any applicable non-

refundable administrative fees as may be established by the

Agency from time to time and such other fees as the case may be.

(3)

When the Agency is satisfied with the completeness and

fulfilment of all controls in terms of regulation 11B(2), it shall request

the Board to evaluate the application submitted by the applicant, and

his dependants, where applicable, further to the proposal letter

submitted by him. Such further evaluation shall be performed within a

reasonable period. During this process, the Board may request

additional documents or information from the applicant, through the

Agency, as it deems necessary.

(4)

The Board, following the evaluation process, shall have the

authority to recommend the application to the Agency for approval or

rejection. The Agency shall subsequently submit the recommendation to

THE BASIS OF MERIT

the Minister for final approval or rejection. The Minister shall not be

obliged to provide any reason in support of his decision, which decision

shall be final.

(5)

If the application is rejected by the Minister, the Agency

shall notify the applicant in writing with the decision.

(6)

If the application is approved by the Minister, the Agency

shall issue a letter of approval in favour of the applicant and his

dependants, where applicable, which letter of approval may also include

certain continuing obligations, where applicable.

* (1)

The Evaluation Board shall evaluate applications

filed in terms of these regulations.

(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 after

consultation with the Cabinet of Ministers, who shall be a person

who has practiced the profession of advocate for at least seven

(7) years; and

(b)

two (2) members to be selected by the

Chairperson from amongst the members of three (3) panels to be

appointed by the Minister, which panels shall include persons

having knowledge of sport, culture, the arts, science, research,

philanthropy, technology and entrepreneurship and any other

area as may be established from time to time.

(3)

The Chairperson and the appointed panel members of the

Evaluation Board shall hold office for a term of three (3) years and

under such conditions as may be established 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 appointed panel members of the

Evaluation Board shall be adequately remunerated, as determined by the

Minister.

(5)

The Chairperson and the panel members of the

Evaluation Board shall, before commencing to execute their duties,

take an oath in the form established in the Schedule. Such oath shall be

taken before, and shall be deposited with, the State Advocate.

(6)

When any vacancy in the Evaluation Board occurs, the

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

vacancy.

*Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

(7)

A member of the Evaluation Board may be removed from

office by the Minister upon proof of inability to discharge the functions

of his office, whether arising from infirmity of mind or body or any

other cause, or for misbehaviour.

(8)

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

Procedure.

(9)

Save as otherwise expressly provided by these regulations,

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

own procedure.

(10) 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.

(11) The Evaluation Board shall have the power to request such

technical advice as it may deem necessary for the proper performance of

its functions.

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

Chairperson and counter-signed by the Secretary.

(13) The findings of the Evaluation Board shall be signed by the

Chairperson and by the Secretary and forwarded to the Minister for his

consideration, through the Agency.

* (1)

The Evaluation Board shall evaluate the

proposal letter and applications submitted in terms of these regulations

and prepare a recommendation. The Board may, at any stage, interview

the applicant in person and any other person it may deem fit.

(2)

The Board may also interview the legal representative of

the designated competent body endorsing the applicant and any other

person it may deem fit.

† (1)

The applicant and his dependants, where

applicable, shall be required to take the oath of allegiance, which, in the

case of the applicant shall be taken within six (6) months from the

issuance of the letter of approval

Provided that the Minister may extend the said period of

six (6) months in exceptional circumstances.

(2)

A certificate of naturalisation on the basis of merit in

accordance with these regulations may be issued to the applicant and his

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

dependants where applicable, once the oath of allegiance has been taken.

(3)

The Agency may suspend or terminate the application

process before the Minister issues a certificate of naturalisation, if the

applicant 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

*

Deleted by Legal Notice 159 of 2025.

†

Deleted by Legal Notice 159 of 2025.

‡

Deleted by Legal Notice 159 of 2025.

§

Deleted by Legal Notice 159 of 2025.

** Deleted by Legal Notice 159 of 2025.

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

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.

§Vide regulation 25 of Legal Notice 159 of 2025.

**Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

(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.

*

Deleted by Legal Notice 159 of 2025.

(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 continuing obligations and such other

commitments, in terms of his application and these regulations, or as

may otherwise be stipulated by the Minister in the letter of approval as

applicable.

(2)

The Agency shall ensure the ongoing fulfilment of

commitments and continuing obligations, and if necessary, it may

request proof of observation of these commitments and obligations and

make its own verifications.

† The Agency may, from time to time, issue 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 the person

(a)

fails to comply with any material obligation or

other commitments established by these regulations or as

stipulated in the letter of approval issued by the Agency; 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.

(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.

§ Persons shall act in good faith, uphold professional

standards and maintain high levels of integrity in all matters related to

the acquisition of citizenship by naturalisation, ensuring that all actions

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

regarding such naturalisation are conducted responsibly, appropriately

and in accordance with the requirements established by the Agency.

(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

§Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

(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

THE BASIS OF MERIT

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

for the purposes of the due diligence controls referred to in regulation

11A(2) and regulation 11B(2), or as may be otherwise provided in any

other law, the Agency, and the officers and employees of the Agency,

shall at all times treat all information furnished in accordance with

these regulations as confidential and the Agency shall solely use it for

the purposes of these regulations, 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, the Malta Business Registry 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

*Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

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.

*

Deleted by Legal Notice 159 of 2025.

†

Deleted by Legal Notice 159 of 2025.

Schedule ‡

(regulation 12)

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 shall 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.

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.

THE BASIS OF MERIT

Chairperson/Member

Second Schedule *

(Regulation 16)

Deleted by Legal Notice 159 of 2025.

Third Schedule †

(Regulation 3)

DESIGNATED COMPETENT BODY

Deleted by Legal Notice 159 of 2025.

Fourth Schedule ‡

Form of Oath to be Taken by the Chairperson or a Member of the

Evaluation Board

Deleted by Legal Notice 159 of 2025.

*Vide regulation 25 of Legal Notice 159 of 2025.

†Vide regulation 25 of Legal Notice 159 of 2025.

‡Vide regulation 25 of Legal Notice 159 of 2025.