Which areas does the Regulator cover?
Following changes carried to the Maltese Citizenship Act, Cap. 188, as per Act No. XXXVIII of 2020 in August 2020, the duties and functions of the Regulator relate to the surveillance of the application process for the granting of Maltese citizenship by naturalisation:-
a) for exceptional services as provided for in the Granting of Citizenship for Exceptional Services Regulations 2020 as per L.N. 437 of 2020, and
b) in terms of the individual investor programme as provided for in the Individual Investor Programme Regulations 2014 as per L.N. 47 of 2014 as in force prior to the publication of the aforesaid Granting of Citizenship for Exceptional Services Regulations 2020 (L.N. 437 of 2020)
by collating and analysing data and information relating to the various applicants (and their dependents) for Maltese citizenship in terms of the above-mentioned schemes whilst ensuring that the process of the granting of Maltese citizenship under such schemes are duly followed.
Nonetheless it is not excluded that the Regulator is also assigned other duties. Indeed, as per Article 25(4) of the Maltese Citizenship Act, the Prime Minister may, by regulations, assign to the Regulator any other duties or functions related to citizenship.
To whom is the Regulator responsible?
The Maltese Citizenship Act clearly states that in the exercise of his duties and functions the Regulator shall act in his individual judgement and shall not be subject to the direction or control of any other person or authority. This notwithstanding, he is obliged to attend the Monitoring Committee as is established by the Maltese Citizenship Act which is presided by the Prime Minister and consisting also of the Minister responsible for Maltese Citizenship and the Leader of the Opposition to report to its Members if so requested.
In this connection it is important to point out that the Maltese Citizenship Act also makes it imperative that it shall be the duty of the Agency in the administration of applications for the granting of Maltese citizenship by naturalization through exceptional services or in terms of the Individual Investor Programme or of any other matter in relation to which the Regulator is assigned functions under sub-article 25(4) of the afore-mentioned Act to give to the Regulator such documents or information as he may require for the purpose of enabling him to discharge his functions.
Does the Regulator have the power to review any decisions taken by the Minister regarding the grant or refusal of any applications under the Maltese Citizenship Act?
No. Article 19 of the Maltese Citizenship Act clearly states that the Minister’s decision on any such application shall not be subject to appeal or review. However, it is pertinent to point out that Article 25A of the same Act further provides that the Regulator may investigate complaints. For more details, please see the Section titled "COMPLAINTS" on this portal by clicking here
If there is a time when a Regulator is not appointed, who shall carry out related duties?
Article 25(1) of the Maltese Citizenship Act states that when a Regulator is not appointed, the Ombudsman shall act ex officio as Regulator.
Does the Regulator issue any reports on his findings?
Yes. Primarily he is responsible for drawing up an annual report on the discharge of his functions. A copy of such annual report is subsequently laid on the Table of the House. Furthermore, the Regulator is empowered to report to the Minister on any matters related to his duties and functions whenever he deems this to be fit and proper.