INDIVIDUAL INVESTOR PROGRAMME OF THE REPUBLIC OF MALTA Publicity guidance notes for Accredited Persons and Authorised Agents
PURPOSE OF THIS DOCUMENT This document outlines appropriate forms of communication for use by the Concessionaire, Accredited Persons, Authorised Agents and their Sub-agents in the promotion of the Individual Investor Programme. LEGAL CONTEXT Nothing in this document overrides the contents of the Citizenship Act (Chapter 188) and any amendments 1 to the said act or the Regulations governing The Individual Investor Programme as published by Legal Notice 47 of 2014 2 and any amendments to same. All promotional materials are subject to scrutiny by Identity Malta in fulfilment of its duties to maintain programme integrity. Agents are reminded that as a result of amendments to the citizenship act: Any person who for gain and without being duly authorised, in violation of regulations made under this Act, advertises, publishes or disseminates publicly through any means whatsoever any information relating to the individual investor programme referred to in article 10(9)(b) shall be guilty of an offence against this Act and shall, on conviction, be liable to a fine not exceeding twenty thousand euro ( 20,000). A person will have been considered duly authorised by Identity Malta when they complete the accreditation process. Authorisation may be conferred upon sub-agents in other jurisdictions by accredited persons provided that such sub-agents are first registered with Identity Malta. Accredited persons will be considered responsible for any publicly disseminated information that their introducers and / or sub-agents distribute on their behalf. In addition to the provisions of the aw above they may be subject to revocation of license [see http://iip.identitymalta.com/ln-47-2014.pdf article 3(5)] INTRODUCTION TO THE INDIVIDUAL INVESTOR PROGRAMME Malta s Individual Investor Programme is the first programme of its kind whose validity is officially recognised by the European Commission. The programme is designed to facilitate Maltese Citizenship by Investment to non-maltese nationals and their dependants. The Maltese Government will be using the contributions made by successful applicants to build the National Development and Social Fund. This fund will, as its name suggests, be used to improve the quality of life in Malta through social and capital projects. 1 http://www.justiceservices.gov.mt/downloaddocument.aspx?app=lp&itemid=25559&l=1 2 http://justiceservices.gov.mt/downloaddocument.aspx?app=lp&itemid=25921&l=1
WHO CAN APPLY? Applications may be received by resident nationals of every country except those countries where international sanctions apply or which the Maltese government decides to exclude from time to time on the basis of policy. Currently restricted from applying are individuals who are nationals of, or are non-nationals but reside, do business, have significant ties in, or connections to the following countries; Islamic Republic of Afghanistan Islamic Republic of Iran Democratic People s Republic of Korea (North Korea) APPLICATION REQUIREMENTS In order to qualify under the Programme, a number of requirements must be satisfied by the main applicant: The applicant must be at least 18 years old; The applicant must commit himself/herself to prove that s/he is in possession of a residential address in Malta, either by acquiring and holding a residential immovable property in Malta having a minimum value of 350,000 or by renting property for a minimum annual rent of 16,000. The said property must be retained by the applicant for a period of at least 5 years from the date of purchase or lease; The applicant must also provide proof that s/he has been a resident of Malta for a period of at least 12 months preceding the day of the issuing of the certificate of naturalisation.; The applicant must commit himself / herself to invest in stocks, bonds, debentures, special purpose vehicles or other investments as provided by Identity Malta for the total of 150,000 which investment must be retained for a period of 5 years. Additionally, applicants are required to make a contribution to the Maltese Government which will be invested in the economic and social well being of the community. See Appendix 1. All applicants will be subject to a detailed due diligence process in order to determine that they are a persons of good standing.
INDIVIDUAL INVESTOR PROGRAMME (IIP) UNACCEPTABLE FORMS OF PROMOTION Under no circumstances may the Concessionaire, Accredited Person or Authorised Agent refer to or suggest that the application process can be fast-tracked or in some way circumvented. There is no shorter path to citizenship by investment than that defined by the law and regulations for the Individual Investor Programme. Equally, any statement or inference by the Concessionaire, Accredited Person or Authorised Agent that they have a relationship with a person responsible for determination of applications will be considered as unethical behaviour and will be dealt with in accordance with the Regulations. Any form of promotion or communication by the Concessionaire, Accredited Person or Authorised Agent that substantially prejudices the Programme will be dealt with in accordance with the Regulations. Misrepresentation of the programme will be considered as unethical behaviour. COMMUNICATIONS THAT REQUIRE SENSITIVITY The Concessionaire, Accredited Person or Authorised Agent should exercise care as to what language is used to describe the programme. For example, the programme facilitates Citizenship by Investment. It is not the selling of passports. The use of images of passports should be avoided. The Individual Investor Programme is a programme not a scheme. Promotion by comparison with programmes in other jurisdictions should be avoided if possible, but if comparisons are made, they should be factual and accurate. Anyone presenting or promoting the programme should focus on the positive aspects of the Individual Investor Programme. Statements related to the benefits of Maltese citizenship too should be factual and accurate. Such statements should not in any way compromise the relationship enjoyed by Malta with other countries. Singling out individual countries, regions or territories where Maltese citizens enjoy special rights or privileges should be avoided.
APPENDIX 1 CONTRIBUTION REQUIREMENTS AND SCHEDULE OF FEES 1. Contribution Requirements The following contributions shall be required as minimum requirements to qualify for citizenship under the programme: (a) main applicant: EUR 650,000 (six hundred and fifty thousand euro), of which a non-refundable payment of EUR 10,000 (ten thousand euro) shall be remitted as a non-refundable deposit prior to submission of the application; (b) spouse: EUR 25,000 (twenty five thousand euro); (c) for each and every child below 18 years of age: EUR 25,000 (twenty five thousand euro); (d) for each and every unmarried child between 18 years of age and 26 years of age: EUR 50,000 (fifty thousand euro); (e) for each and every dependant parent above 55 years of age: EUR 50,000 (fifty thousand euro). 2. Schedule of Fees The following fees shall be payable under each application: (1) Due diligence fees: (a) main applicant: EUR 7,500 (seven thousand five hundred euro); (b) spouse: EUR 5,000 (five thousand euro); (c) for each and every child aged between 13 years of age and 18 years of age: EUR 3,000 (three thousand euro); (d) for each and every dependant unmarried child between 18 years of age and 26 years of age, EUR 5,000 (five thousand euro); (e) for each and every dependant parent above 55 years of age: EUR 5,000 (five thousand euro). (2) Passport fees and bank charges fees: (a) Passport: EUR 500 (five hundred euro) per person; (b) Bank charges: EUR 200 (two hundred euro) per application. (3) The contribution requirements and the fees stipulated in this Schedule shall apply in respect of applications and grants of citizenship under the programme notwithstanding the provisions of any other regulations.
Identity Malta Mediterranean Conference Centre, Triq l-isptar, Valletta, VLT1645, Malta Tel: +356 2122 5232 iip@identitymalta.com www. identitymalta.com