The Malta Individual Investor Programme of the Republic of Malta is regulated by the Maltese Citizenship Act (CAP. 188) and the Republic of Malta Regulations, 2014 (L.N. 47 of 2014).
Not many IIP citizens would be aware that Malta has all the powers to revoke citizenship of IIP citizens if they are involved in fraud, concealment or jailed in another country over 1 year within 7 years obtaining citizenship through investment in Malta.
Malta Government according to prescribed legislation, will revoke citizenship if citizenship is obtained through fraud, concealment of information and most importantly – if imprisoned in any country for over 12 months, within seven years of becoming naturalized citizen through the individual investor program.
Citizenship will also be deprived service of the Republic or of an international organisation of which the Government of Malta was a member. (eg. military service)
According to European Parliament, involuntary loss of citizenship may occur for foreign armed service, treason, disloyalty and fraudulent acquisition in the member states
The Maltese Citizenship Act mentions the following clauses for deprival of citizenship
Deprivation of citizenship by registration or naturalisation
(1) Subject to the provisions of this article, the Minister may by order deprive of his Maltese citizenship any citizen of Malta who is such by registration or naturalization if he is satisfied that the registration or certificate of naturalization was obtained by means of fraud, false representation or the concealment of any material fact.
(2) Subject to the provisions of this article, the Minister may by order deprive of his Maltese citizenship any citizen of Malta who is such by registration or by naturalization if he is satisfied that the citizen –
(a) has shown himself by act or speech to be disloyal ordisaffected towards the President or the Governmentof Malta; or
(b) has, during any war in which Malta was engaged,unlawfully traded or communicated with an enemy orbeen engaged in or associated with any business thatwas to his knowledge carried on in such a manner as toassist an enemy in that war; or
(c) has, within seven years after becoming naturalised, orbeing registered as a citizen of Malta, been sentenced in any country to a punishment restrictive of personal liberty for a term of not less than twelve months; or
(d) has been ordinarily resident in foreign countries for a continuous period of seven years and during that period has neither –
(i) been at any time in the service of the Republic or of an international organisation of which the Government of Malta was a member; or
(ii) given notice in writing to the Minister of his intention to retain citizenship of Malta.
(3) The Minister shall not deprive a person of citizenship unless he is satisfied that it is not conducive to the public good that that person should continue to be a citizen of Malta and, in the case referred to in sub article (2)(c), it appears to him that that person would not thereupon become stateless.
(4) Before making an order under this article, the Minister shall give the person against whom the order is proposed to be made notice in writing informing him of the ground on which it is proposed to be made and of his right to an inquiry under this article; and if that person applies in the prescribed manner for an inquiry, the Minister shall refer the case to a committee of inquiry consisting of a chairman, being a person possessing judicial experience, appointed by the Minister and of such other members appointed by the Minister as he thinks proper.
(5) The Minister may make rules for the practice and procedure to be followed in connection with a committee of inquiry appointed under this article, and such rules may, in particular, provide for conferring on any such committee any powers, rights or privileges of any court, and for enabling any powers so conferred to be exercised by one or more members of the committee.Effect of renunciation or deprivation.
Effect of renunciation or deprivation
(1) A citizen of Malta who is deprived of his citizenship by an order of the Minister under article 14 shall, upon the making of the order, cease to be a citizen of Malta.
(2) The renunciation by any person of his Maltese citizenship or the deprivation of any person’s Maltese citizenship under theprovisions of this Part of this Act shall not affect the liability ofthat person for any offence committed by him before the renunciation or deprivation of his citizenship
