Tag: citizenship

  • FATTI: EU Is Singling Out Malta For Its Golden Passport Scheme

    FATTI: EU Is Singling Out Malta For Its Golden Passport Scheme

    One overarching narrative has emerged in Malta’s battle to preserve its citizenship-by-investment programme: the EU and its institutions are unfairly singling the country out over its golden-passport scheme.

    This narrative is two-pronged: 

    • Other countries are running similar golden passport schemes,
    • The EU Commission had initially approved the scheme before u-turning under the influence of the Nationalist Party.

    Is this accurate?

    The idea that other EU countries run similar golden passport schemes, yet only Malta faces criticism, is longstanding.

    It is a narrative used by Malta’s Prime Minister Robert Abela and his predecessor, Prime Minister Joseph Muscat.

    The Nationalist Party’s stance is less clear, with the party’s manifesto calling for the scheme to be amended, and not scrapped. 

    The idea that Malta has been unfairly singled out has been regularly repeated following the court ruling, namely by MEP Alex Agius Saliba in an address to the European Parliament, and MP Alex Muscat in a recording of ‘Il-Kazin’.

    “I’m also astonished that Austria—a Member State with a scheme identical to Malta’s—has been left entirely out of the discussion. I am amazed at how Cyprus, Greece, Italy, Latvia, Luxembourg, Portugal and Spain, which all have residence-by-investment schemes, can continue operating similar schemes, yet when it comes to Malta, it’s as if, because there is someone who to fans, all the windows get shut,” Agius Saliba said.

    Alex Agius Saliba in the EP
    Alex Agius Saliba. Photo credit: Alexis HAULOT/ European Parliament

    “We will abide by the Court’s decision so that we can keep a scheme that continues to generate wealth, because Malta is in no way inferior to any other Member State,” he added.

    Read the original quote in Maltese

    “Niskanta wkoll kif l-Awstrija, Stat Membru li għandu skema identika għal dik Maltija, tħalla kompletament barra mid-diskussjoni. Niskanta kif Ċipru, il-Greċja, l-Italja, il-Latvja, il-Lussemburgu, il-Portugall u Spanja li lkoll għandhom skemi ta’ residenza b’investiment jistgħu jmexxu skemi simili, iżda fil-konfront ta’ Malta għax hemm min irewwaħ, jinqalgħu l-irwiefen kollha.

    Se nimxu mad-deċiżjoni tal-Qorti sabiex ikollna skema li tkompli tħalli l-ġid, għaliex Malta m’għandha xejn inqas minn Stati Membri oħra.”

    It has even extended to operators. Henley & Partners, a leading service provider for passport buyers, claimed that the “ruling, targeting the smallest EU Member State, sets a worrying precedent for the undemocratic extension of EU competences beyond its treaty-based limits.”

    “It would be interesting to see what the outcome would have been if the case were against France or Germany,” it added. 

    Another key claim in the current narrative is that the EU Commission approved the citizenship-by-investment programme after Malta implemented the necessary amendments, only to u-turn later following pressure by the Nationalist Party.

    Both Abela and Joseph Muscat have fanned the flames of these claims. Abela has said that the PN staged a “systematic attack” and “then Simon Busuttil, David Casa, Roberta Metsola, who went out to celebrate that same day of the sentence”.

    Meanwhile, Muscat told his social audience to “give a round of applause to Roberta Metsola and the PN who have worked against our country since the first minute”.

    In the European Parliament, MEP Thomas Bajada described the golden passports scheme as a “programme that the EU Commission had approved, and we amended it where it was needed.”

    Thomas Bajada. Photo credit: Alain ROLLAND/ European Parliament
    Read the original quote in Maltese.

    “Programm illi ġie approvat mill-Kummissjoni u emendajna fejn kien meħtieġ. U llum qed niddiskutu allegazzjoni dwar nies li jużaw dan il-programm biex jiżgiċċaw sanzjonijiet fuq ir-Russja, li azzjoni dwarhom bdiet tittieħed.”

    Neither MEP replied to our request for comment to clarify the claims.

    Did the Commission approve the golden passports scheme?

    On 29th January 2014, two weeks after a damning resolution by the European Parliament, the EU Commission and the Maltese government reached an agreement over the golden passports scheme, which required that no citizenship or “certificate of naturalisation” would be issued unless:

    “The applicant provides proof that he/she has resided in Malta for at least 12 months immediately preceding the day of issuing the certificate of naturalisation.”

    The reached agreement was taken as an endorsement.

    In 2021, the Passport Papers investigation exposed that officials often waived the requirement for a physical presence. 

    Applicants submitted receipts for consumables or newspaper subscriptions, and the average time spent in Malta, according to calculations by the Daphne Caruana Galizia Foundation, was 16 days.

    The Commission’s use of “effective residence status” in its press release about the agreement suggests that the Commission was not aware of this creative interpretation of residency. 

    It referenced the investigation in the ECJ case, noting:

    “The actual physical presence in Malta is required on two occasions only: to provide biometric data in order to obtain a residence permit and to swear the oath of allegiance”, and that the “legal residence” (rental or property purchase) does not constitute a “genuine link”.

    The Commission’s spokesperson did not reply to a request for comment.

    Malta Passport Citizenship

    Was Malta singled out? Do other EU member states have similar programmes?

    In 2019, the EU Commission published a comprehensive report on the risks of investor citizenship, focusing on Bulgaria, Cyprus and Malta, which were running such schemes at the time. 

    The Commission’s report also noted that some countries run discretionary citizenship pathways, which are “used on a limited basis”. 

    In 2020, formal notices and comments were sent to Malta, Cyprus and Bulgaria. Cyprus repealed the scheme that year, while Bulgaria halted its programme in 2022.

    The Commission referred Malta to the European Court of Justice in 2022, stating that passports are granted “in the absence of a genuine link with the naturalising country, such as long-term residence.”

    As of 2024, most countries in the EU had residency visas for investors, known as golden visas, which differ from citizenship by investment, or golden passports, which offer a passport, citizenship and nationality.

    Austria says it does not have a citizenship-by-investment scheme. 

    Austria does offer exemptions for investors, but these are discretionary. While there is no minimum investment amount, applicants must make a substantial, active contribution to the Austrian economy, creating jobs and implementing projects.

    Industry sources estimate that it could cost up to €10 million. A Commission fact-finding study found that all applicants for citizenship were required to pass a language and civic knowledge test and prove “uninterrupted registered residence”.

    Among residency schemes, only six on the EU’s list focus on passive investment in real estate. Portugal has removed the real estate pathway, and its golden visa concentrates now on job creation or cultural contributions. 

    In the case of Portugal, a country often cited in defence of the scheme, an applicant for the residency-by-investment can only become a citizen if they’ve been a resident for at least five years (with sufficient proof of residency), and must also provide certification proving fluency in Portuguese. This is the standard process for naturalisation. 

    Malta, like Portugal, has a residency by investment programme. This was not subject to the court decision. 

    The Commission has been pressured to do more against citizenship by investment by the majority of the European Parliament, which has repeatedly called on the Commission to ban citizenship by investment and impose stricter regulations on residency by investment.

    Thomas Bajada in the EP

    The claim that the European Commission’s criticism regarding the absence of a genuine link focuses on Malta while ignoring comparable schemes elsewhere is false. 

    Since 2019, the European Commission has criticised citizenship by investment schemes in Bulgaria, Cyprus and Malta.

    By 2022, at the point of the EU court referral, no other EU country was running a similar scheme.

    Austria’s investor citizenship pathway is different from a structured scheme, requiring significant investment in the country that extends to job creation.

    Residency by investment (so-called golden visas) should not be confused with citizenship by investment (so-called golden passports).They are entirely different schemes that provide entirely different privileges.

    The court ruling does not impact Malta’s current residency-by-investment scheme. 

    The EU Commission and European Parliament have made that distinction, with the latter calling for a ban on golden passports and stricter regulation of golden visas.

    The claim that the European Commission had approved the scheme in Malta before u-turning is misleading. 

    When the European Commission reached an agreement on the scheme in 2014, Malta failed to live up to the agreement. Simply buying or renting property, offering scant evidence of spending, and scarcely setting foot on the island did not amount to a genuine link or proof of residency. Once those facts came to light, the Commission began its legal challenge against Malta.

    This project is supported by the European Media and Information Fund. The sole responsibility for any content supported by the European Media and Information Fund lies with the authors and it may not necessarily reflect the positions of the EMIF and the Fund Partners, the Calouste Gulbenkian Foundation and the European University Institute.

  • FATTI: €1.4 Billion From Malta’s Golden Passport Sales Was “Invested In The People”

    FATTI: €1.4 Billion From Malta’s Golden Passport Sales Was “Invested In The People”

    By Daiva Repečkaitė and Julian Bonnici

    The European Court of Justice has condemned Malta’s citizenship-by-investment scheme. Still, Malta’s government and Prime Minister Robert Abela have staunchly defended the scheme, citing a €1.4 billion revenue supposedly created to benefit Maltese people. 

    But is that correct? An analysis of published data shows that the actual investment in people is far smaller.

    The claim

    In a Facebook post, the Prime Minister claimed the scheme generated “almost a billion and a half euros that we have invested in people”, helping them “in their hour of need” during moments like the pandemic.

    A government press release cited the €1.4 billion figure, listing several projects:

    • More than €60 million to social housing projects, “providing hundreds of social housing apartments”.
    • An €8.5 million investment in St Michael Hospice, a state-of-the-art palliative care project.
    • €5 million invested in the Puttinu Cares apartments in London.
    • A €10 million investment in health centres, 
    • “Millions” in equipment at St Vincent De Paul and the cardiology department at Mater Dei Hospital.
    • €5 million invested in athletes participating in the Games of the Small States of Europe
    • Over €13 million allocated to the construction of a car racing track.
    • A €9 million agreement with the Malta Football Association for a new technical centre

    The facts

    The revenues generated from the programme are channelled into two key streams:

    1. The National Development and Social Fund (NDSF) – 70%

    The NDSF runs a direct investment portfolio for local economic, cultural or social strategic investments.

    Such investments ranged from purchasing Lombard Bank shares to buying art at international auctions to the social projects mentioned above.

    It also includes a discretionary portfolio, a BOV-managed fund targeting global investments, like bonds and securities.

    2. The Consolidated Fund – 30%

    The main government bank account, where all public revenues are deposited and expenditures are made, receives around 30% of the money generated.

    It should be noted that the statement says that the percentage sent to the Consolidated Fund increased during the COVID-19 pandemic. However, no official figure could be found for the amount spent from the citizenship scheme revenues during the COVID-19 pandemic.

    A breakdown of the distribution of revenues from golden passports – Source: NSDF Report 2022

    According to the latest financial statements, the NDSF received €619 million in revenues between its inception and 2022.

    €130 million, or about one-fifth, was allocated to projects of social importance.

    Prime Minister Robert Abela provided a breakdown of the distribution of the NDSF’s social projects in July 2024, following a parliamentary question from MP Mark Anthony Sammut.

    The government did not respond to requests to provide the latest official figures.

    Figures provided by Prime Minister Robert Abela to Parliament in July 2024

    The data confirms that as of July 2024, less than 10% of the reported €1.4 billion generated from the scheme went into social projects, and that just €41,847,629, or one-third of the amount promised, had been paid out. 

    Notably, just under €7.7 million of the total €60 million promised to social housing had been used by July 2024 – some 13% of the amount pledged. 

    In 2019, the NDSF and the Housing Authority pledged to develop 550 housing units. The latest financial statements suggest that works were at the permitting stage, awaiting tenders.

    Since then, we have found seven tenders for the construction of housing blocks issued by the Housing Authority and published on the government’s public procurement website. The Ministry for Social and Affordable Housing did not reply to our request for an update.

    The data provided by Prime Minister Abela in July 2024 shows some schemes for which no disbursements have been provided. These include:

    • The New Hope scheme, which offers a loan for individuals who face difficulties in taking up life insurance.
    • Richmond Foundation: KIDS for Development Programme
    • CT Scan/MRI St Vincent De Paul Hospital
    • SportMalta ‐ Malta Olympic Committee High Performance Strategy

    The funds committed to Puttinu Cares were fully disbursed. However, this figure over the years pales before regular donations from the general public at a single charity event, reportedly over €3 million in 2024 and 2025 each.

    Successful applicants of the golden passport scheme also donate to charitable causes, which extend to football clubs, band clubs, university departments, the Malta Film Commission, and many others, one of which is managed by citizenship scheme agents themselves.

    According to a 2023 report by the regulator, since the beginning of the programme €6,112,648 were received across 1,061 donations.

    The claim also included €339 million from property purchases and €158 million from property rentals, which is also not direct investment in people.

    Participation in the property market is not direct investment in people, as a 2023 KPMG report showed that growth in the construction and real estate sector did not trickle down to workers’ income.

    The government’s spokesperson did not respond to our questions and requests for a breakdown of more updated figures.

    The verdict: Misleading – but not entirely false

    The claim about the citizenship-by-investment scheme’s contribution to society’s needs is overestimated, and the claim that €1.4 billion was invested “in the people” is misleading.

    From the €1.4 billion figure, over 90% of the funds generated do not go directly to social projects – instead, they are either placed in financial instruments, which generate interest, debt securities and other assets – or not utilised at all 

    Only €131 million – less than a tenth of the €1.4 billion figure – has been committed to social projects, and only a third has been disbursed.

    So while the scheme certainly generated €1.4 billion in revenue, it is inaccurate to say that the billion figure is ‘directly’ invested in the people.

    This project is supported by the European Media and Information Fund. The sole responsibility for any content supported by the European Media and Information Fund lies with the authors and it may not necessarily reflect the positions of the EMIF and the Fund Partners, the Calouste Gulbenkian Foundation and the European University Institute.

  • Woman Sanctioned for ‘Enabling’ Russian Sanction Evasion Still Maltese Citizen Three Years Later

    Woman Sanctioned for ‘Enabling’ Russian Sanction Evasion Still Maltese Citizen Three Years Later

    By Joanna Demarco

    Maltese companies sanctioned for links to the notorious Serniya network remain active despite criminal charges

    A Russian national named on a US sanctions list for allegedly enabling Russia’s intelligence services and helping it evade Western sanctions through the notorious Serniya network remains a Maltese citizen nearly three years after the Home Affairs Ministry announced its intention to revoke her citizenship.

    The Home Affairs Ministry announced it would begin the process of the “deprivation of Maltese citizenship” of Evgeniya Vladimirovna Bernova on 1st April 2022.  However, an analysis by Amphora Media of government gazettes published between 2021 and today shows that only four persons have had their citizenship revoked. None of them are Bernova. 

    Since a change in the law in December 2020, the government is legally bound to “ensure that the names of those persons deprived of Maltese citizenship are published by means of a notice in the [Government] Gazette”.

    Agenzija Kommunita Malta –  the government agency responsible for citizenship-related matters – confirmed with Amphora Media that the persons who had their citizenship revoked were solely the ones published in the government gazette. 

    Bernova’s Maltese citizenship status was also verified through the Malta Business Registry database, where she remains listed as ‘Maltese’ under ‘nationality’. Her name is still listed on the “frequently updated” US sanctions list today.

    Evgeniya Bernova (third from left) at an event organised at the Hilton for the local film industry by her company MaltaRent Ltd. in 2016. According to archived pages from its website, MaltaRent was established locally to “supply the latest digital technology to … clients from the film industry”.

    Bernova is not alone. Tal Dilian – an Israeli intelligence expert, an IDF reserve colonel and founder of Intellexa – a cyber spyware firm known for creating the notorious ‘Predator’ spyware – was named on a US sanctions list in March 2024 but still retains his Maltese citizenship with the ministry announcing that it would be kicking off the revocation process a year ago.

    Similarly, Semen Kuksov, a Maltese citizen imprisoned in the United Kingdom for “running a professional banking service for criminals across the world” as part of a wider billion-dollar-money-laundering network, also remains a citizen after his revocation process began at the end of 2024. 

    Asked by Amphora Media about the fate of Bernova, Dillian, and Kuksov’s Maltese citizenship, the ministry said that “(until finalised)…deprivation processes are internal Ministerial matters.” 

    “It is to be emphasised that thereafter the publication of the names of the persons concerned is mandatory by law. Thus, the publication of names occurs when the deprivation processes are finalised,” a spokesperson said. 

    The reasons behind the lengthy processes could vary, and the Ministry said that “there are no statutory timelines” for the process, reiterating that the person being deprived of citizenship could opt to lodge an inquiry with the Committee of Inquiry. This could prolong the procedure.

    The Ministry did not specify whether appeals have been filed.

    Semen Kuksov

    Bernova’s Maltese companies remain active despite sanctions

    Bernova’s companies – including Maltese companies Malberg Ltd, Djeco Group Holding Ltd and Maltarent Ltd – were named on the list of sanctions imposed by the U.S. Office of Foreign Assets Control (OFAC) in March 2022, shortly after Russia’s war on Ukraine began. 

    The sanctions were part of a “crackdown on the Kremlin’s sanctions evasion networks and technology companies, which are instrumental to the Russian Federation’s war machine.” The network became known as the Serniya network.

    Moscow-based OOO Serniya Engineering, which was at the centre of the network, engaged in proliferation activities at the direction of Russian Intelligence Services, OFAC had reported.

    The network “operated across multiple countries to obfuscate the Russian military and intelligence agency end-users that rely on critical Western technology.”

    It explained that Bernova, an associate of the Serniya network, operated the Malta-based Malberg Ltd through a multinational web of shell companies. Malberg worked to “deceptively acquire dual-use equipment on behalf of Russian end-users.” 

    In December 2022, five Russian nationals and two U.S nationals were charged with conspiracy and other offences related to the global procurement and money laundering scheme through the Serniya network on behalf of the Russian government. As of November 2024, two have pleaded guilty, while the rest remain at large. 

    However, despite the sanctions, allegations and links to criminal charges against the network, all three companies remain active, a cross-check by Amphora Media with the Malta Business Registry shows.

    According to Malta’s Sanctioning Monitoring Board, OFAC’s sanctions are not enforceable. However, it “recommended that Maltese economic operators undertake the necessary due diligence when dealing with persons, entities and bodies listed by national sanctions of other countries, particularly paying close attention to the reasons why such sanctions have been imposed in the first place”.

    The situation raises questions about the potential ramifications of such long revocation processes on local, EU, and international levels.

    In a comment to Amphora Media, Steve Peers, an EU Law Professor at Royal Holloway, University of London, explained that the EU law on sanctions does not explicitly require the Member States to revoke citizenship from those who evade those sanctions, however, doing so would make sanctions more effective.

    “It might possibly be argued… that there is an implied obligation to remove citizenship to make the sanctions more effective, in particular in the context of investor citizenship,” he said. 

    It is unclear why the Maltese government decided to begin procedures to revoke Bernova’s citizenship. Still, the companies involved in the same sanctions list remain active, and questions sent to the government were left unanswered at the time of publication.

    Amphora Media was unable to confirm whether Bernova acquired citizenship through naturalisation or investment. 

    One golden passport buyer loses citizenship in the last four years

    Since the change of law in December 2020, only one golden passport buyer has had their Maltese citizenship revoked, Amphora Media can reveal.

    Pavel Melnikov is among the four persons listed in the government gazettes as having their citizenships revoked – the other three did not feature in the citizenship list since the introduction of the IIP scheme 2013 or lost their citizenship due to marriage annulments, research by Amphora Media shows.

    The Daphne Caruana Galizia Foundation and partners had reported on the Russian entrepreneur’s citizenship application in Passport Papers. 

    In September 2018, Melnikov’s property in Finland was raided by Finnish police and soldiers. A trial against the oligarch in Finnish Courts began in December 2023, according to local news reports, where he faced charges including aggravated tax fraud and aggravated accounting crime. The trial is ongoing.