Grounds for Ineligibility for Malta's IIP

Malta's Individual Investor Programme rules on ineligibility for Maltese Citizenship

Dr. Jean-Philippe Chetcuti | 15 Sep 2019

Malta Citizenship By Investment

Regulation 5 of the Individual Investor Programme of the Republic of Malta Regulations, 2013 sets the minimum eligibility criteria for applicants for Maltese citizenship by investment. Below is a dissection of the rules followed by the legal text:

A) Successful Background Verification for applicant & dependants >12

The minimum age for full proper background verification is 12 years.

B) Clean Police certificate from country of origin, countries of residence

Applicants should provide a police certificate from the country of birth and also every country that the applicant has resided for at least 6 months during the last 10 years.  A sworn affidavit declaring a clean police record can be provided as an alternative to a police certificate in exceptional circumstances where a police certificate is absolutely not obtainable.

C) Applicant & Dependents have not appeared before the ICC

An applicant and, or any of his dependants who has been indicted before an International Criminal Court or who appeared at any time before an International Criminal Court is out-rightly ineligible, even where such persons have been acquitted by this court;

D) Applicants & Dependents are not listed on INTERPOL

An applicant or any of his dependants who is a person listed with the International Criminal Police Organization (INTERPOL) at the time of application is ineligible.

E) Applicants & Dependents are not a threat to national security, public policy or public health

Persons who are considered a potential threat to national security, public policy or public health are ineligible.

F) Applicants & Dependents have never been charged with terrorism, money laundering, war crimes or human rights breaches

Persons are ineligible if, at any time, they had pending charges related to crimes of terrorism, money laundering, funding of terrorism, crimes against humanity, war crimes, or crimes that infringe upon such Protection of Human Rights and Fundamental Freedoms as established by the European Convention on Human Rights (ECHR), or who have been found guilty of any such crimes.

G) Applicants & Dependents have never been charged / found guilty of family-related crimes

Persons are ineligible if, they have been found guilty or have been charged with any of the criminal offences that disturb the good order of the family, which criminal offences include, without limitation, paedophilia, defilement of minors, rape, violent indecent assault, inducing persons under age to prostitution, and abduction;

H) Applicants & Dependents convicted or under ongoing proceedings for serious crimes.

Persons are ineligible if, they have been found guilty or, at the time of the application, are being interrogated and suspected, or have criminal charges brought against him for any criminal offence, other than an involuntary offence, punishable with more than one year imprisonment.

Other Grounds for Ineligibility under the IIP

According to regulation 6 of the Individual Investor Programme Regulations, an applicant is ineligible if he/she:

  • (a) provides false information on his application;
  • (b) has a criminal record;
  • (c) is the subject of a criminal investigation;
  • (d) is a potential national security threat to Malta;
  • (e) is, or is likely to be, involved in any activity likely to cause disrepute to Malta; or
  • (f) has been denied a visa to a country with which Malta has visa-free travel arrangements and has not subsequently obtained a visa to the country that issued the denial,

Applicants may submit to the MIIP Agency a request detailing and explaining special circumstances why they believe they may still be worthy of being considered for approval.  If satisfied, the MIIPA will issue a reasoned opinion as to why such applicant should still be considered for approval and shall refer such application to the Minister, who has the authority to grant or deny such approval.

MIIP Grounds for Ineligibility - the Law

In addition to the qualifications and general requirements as set out in regulation 4, the minimum eligibility criteria for an application under the programme, for the applicant and any of his dependants, shall be as follows:

(a) a proper background verification of the applicant and his dependants over the age of twelve years, as the case may be;

(b) a police certificate issued by the Malta police as well as a police certificate issued by the competent authorities in the country of origin and in the country or countries of residence where the applicant has resided for a period of more than six months during the last ten years, or in exceptional cases where it is proved to the satisfaction of Identity Malta that such a certificate is not obtainable, a sworn affidavit made by the applicant and any dependants, declaring a clean criminal record;

(c) the applicant and, or any of his dependants are not individuals indicted before an International Criminal Court or who appeared at any time before an International Criminal Court, whether such persons have been found guilty or otherwise by such Court;

(d) the applicant and, or any of his dependants, shall not be persons listed with the International Criminal Police Organization (INTERPOL) at the time of application;

(e) the applicant and, or any of his dependants is not, or may not be a potential threat to national security, public policy or public health;

(f) the applicant and, or any of his dependants shall not be an individual who, at any time, had pending charges related to crimes of terrorism, money laundering, funding of terrorism, crimes against humanity, war crimes, or crimes that infringe upon such Protection of Human Rights and Fundamental Freedoms as established by the European Convention on Human Rights, or who has been found guilty of any such crimes;

(g) the applicant and, or a ny of his dependants shall not be an individual who has been found guilty or has charges brought against him regarding any of the criminal offences that disturb the good order of the family, which criminal offences include, without limitation, the following:

(i) paedophilia,

(ii) defilement of minors,

(iii) rape,

(iv) violent indecent assault,

(v) inducing persons under age to prostitution, and

(vi) abduction;

(h) the applicant and, or any of his dependants shall not be an individual who at any time was found guilty, or, at the time of the application, is being interrogated and suspected, or has criminal charges brought against him for any criminal offence, other than an involuntary offence, punishable with more than one year imprisonment. The applicant shall attach with his application a sworn declaration before a commissioner for oaths, lawyer or notary public that the said information that he has provided is true and correct;

(i) where a document is required to be produced under these regulations in support of an application:

   (i) such document must be an original document or if not an original, it must be a certified copy; and

   (ii) the person certifying the document shall provide the full name, capacity in which the person is acting, residential or business address, telephone number and email address.

Ineligible applicants. 6.

An applicant who -

(a) provides false information on his application;

(b) has a criminal record;

(c) is the subject of a criminal investigation;

(d) is a potential national security threat to Malta;

(e) is, or is likely to be, involved in any activity likely to cause disrepute to Malta; or

(f) has been denied a visa to a country with which Malta has visa-free travel arrangements and has not subsequently obtained a visa to the country that issued the denial,

shall not be approved for citizenship under the programme, unless Identity Malta is satisfied that the applicant is still worthy of being considered for approval due to special circumstances to be demonstrated by the applicant. In such case, Identity Malta shall issue a reasoned opinion as to why such applicant should still be considered for approval and shall refer such application to the Minister, who will have the sole authority to grant such approval.


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