Appointment and functions
The appointment of the Regulator (Granting of Citizenship for Exceptional Services), formerly titled "Regulator (Individual Investor Programme)" - and the functions of his Office are regulated by the provisions of Article 25 of the Maltese Citizenship Act (Cap 188) as amended by Act 38 of 2020. Indeed such person shall be appointed by the Prime Minister after consulting the Leader of the Opposition. The main requisites for such person are that he/she would have held the office of Judge, Magistrate, Attorney General, State Advocate or Permanent Secretary or who would have practised as an advocate or auditor or accountant in Malta for a period of at least twelve years. It is also stipulated that in any interim period during which a Regulator is not appointed, the Ombudsman (appointed under the Ombudsman Act) shall act ex Officio as Regulator.
The Regulator shall hold office in accordance with the terms of his appointment. In addition to his functions under this Act (and such other functions as may be assigned to him under any law), the Regulator shall ensure that the process of the granting of Maltese citizenship by naturalisation for exceptional services or in terms of the Individual Investor Programme is duly followed. In particular, as provided by Article 25A of the principal Act, the Regulator may also investigate complaints received about the process undertaken during the eligibility assessment as provided for in the Granting of Citizenship for Exceptional Services Regulations 2020 or in respect of refusals by the Minister of applications in terms of the Individual Investor Programme as provided for in the Individual Investor Programme Regulations 2014.
Furthermore the Prime Minister may, by regulations, assign to the Regulator any other duties or functions related to citizenship.
Autonomy and Powers
Article 25(5) of the Citizenship Act specifies that, in the discharge of his duties and functions under the Act, the Regulator shall act in his individual judgement and shall not be subject to the direction or control of any other person or authority. It shall be the duty of the Agency in the administration of applications for the granting of Maltese citizenship by naturalisation through exceptional services (or of any other matter in relation to which the Regulator is assigned functions under sub-article (4)), to give to the Regulator such documents or information as he may require for the purpose of enabling him to discharge his functions. The same applies in respect of applications received in terms of the Individual Investor Programme.
Reporting
The Regulator may, at any time, report to the Minister on any matter relating to the discharge of his functions under the principal Act. In particular the Regulator shall make an annual report on the discharge of his functions to the Minister. Such report shall not include personal data relating to individuals who have acquired Maltese Citizenship by naturalisation for exceptional services or the individual investor programme. The Minister shall lay a copy on the Table of the House of Representatives of each annual report as soon as possible after the report is made to him.
The Regulator shall be required (if so requested) to attend meetings of the Monitoring Committee (set up as per provisions of Article 25B of the principal Act) to monitor the workings for the process of the granting of Maltese citizenship by naturalisation for exceptional services. The Committee (which shall regulate its own procedures) consists of the Prime Minister, the Minister responsible for matters relating to Maltese Citizenship and the Leader of the Opposition. The meetings are presided over by the Prime Minister.
Appointed Regulators
- Dr Godwin Grima (April 2014 - January 2016)
- Mr Carmel L De Gabriele (February 2016 - )