Before committing to a glossy citizenship by investment program, investors have got to do competent due diligence. Proper due diligence requires reading the applicable citizenship revocation clause in the country’s constitution. As a result of independent analysis, investors can readily identify any risky false impressions.
What is the difference between a disposable tourist and a real citizen? The simple answer is constitutional protection.
Indeed, without clearly written and time tested constitutional protections, your new citizenship is only a temporary travel pass exposed to the capricious whims of local politicians, foreign governments, assertive media or anyone else who can throw their weight around.
The Necessity of Citizenship Revocation Clauses
To be clear, the inclusion of a revocation clause in the constitution is standard practice. The clause is needed for the protection and well being of the host country.
Nonetheless, a legitimate revocation clause should be subject to due process. Additionally, it should be limited in scope to pertinent issues that pose a legitimate threat. This would include instances of false representation during the application process. An additional good reason for revocation would be a conviction for crimes against the state e.g. treason or sedition.
Most certainly, revocation clauses are not the solution for weeding out undesirables. Instead, the government has an obligation to conduct thorough due diligence during the citizenship application process. As a result, the occasional bad actors will be preemptively excluded before they are granted citizenship.
If an undesirable does slip through the system, citizenship revocation just makes a bigger mess of an already difficult situation. Therefore, it is imperative that everyone involved avoids cutting corners with due diligence. Only in the most extraordinary situations should it ever be necessary to invoke the citizenship revocation clause.
My analysis of 10 established citizenship by investment programs reveals strong constitutional protection. However, it also exposes many cracks a wise investor should certainly be aware of.
Constitutional Protections by Country of Citizenship
St Kitts and Nevis Citizenship
The St Kitts and Nevis citizenship program was unveiled in 1984, soon after their 1983 declaration of independence. Of note is the fact that the Saint Christopher and Nevis Citizenship by Investment Regulations do not include a revocation clause.
However, the country’s independence and the introduction of the citizenship program were nearly simultaneous. Therefore, the revocation clause in the original constitution would also apply to the St Kitts citizenship program.
The Federation of St Kitts and Nevis Constitution 1983 clearly references the revocation policy under clause 94(d):
“for depriving of his citizenship any person who has become a citizen by virtue of registration or naturalization if his citizenship was obtained by false representation or fraud or willful concealment of material facts or if he is convicted under any law of an act of treason or sedition”.
The clause is not ambiguous and the intention of the legislature is clearly written.
Constitutional protections are only truly tested when they come under pressure, such as in the case of a scandal.
St Kitts and Nevis came under international scrutiny in 2013 because an Iranian businessman – Alizera Moghadam – had entered Canada on a St Kitts and Nevis diplomatic passport. Apparently, he told the border agent he was there to see the Canadian Prime Minister.
There is nothing scandalous about dual citizenship, a diplomatic passport or being Iranian per se. Nonetheless, the incident triggered a huge international uproar.
However, the focus of the “scandal” quickly switched to the fact that the country of birth was omitted from their passports. For this reason, Canada canceled visa free access for St Kitts and Nevis citizens. As a result, St Kitts and Nevis conducted a mass recall of 15,000 passports and corrected the omission.
Despite all of the harsh political rhetoric and finger pointing, to the best of my knowledge, Mr. Moghadam’s passport was never revoked. Additionally, I was unable to find evidence of any revocations resulting from the mass recall of 15,000 passports.
In another case, according to the St Kitts and Nevis Observer, under overwhelming international scrutiny, the Prime Minister of St Kitts and Nevis, “out of an abundance of caution” through Interpol “deactivated” the St Kitts and Nevis passport of the nefarious 1MDB mastermind – Jho Low – after he was indicted in the US in 2018.
To be clear, deactivation of a passport is not the same as revocation of citizenship. Furthermore, did Jho Lo ever even obtain a St Kitts and Nevis passport?
The question arises because it was reported that Jho Lo only had two passports. That would include his Malaysian passport and St Kitts passport. However, it has now come to light that he actually had a Cyprus passport the whole time. Your guess is as good as mine.
Vanuatu Honorary Citizenship
Honorary citizenship under the Vanuatu Development Support Program (DSP) has been scrutinized by the media because of its “Honorary” status. This skepticism is for good reason. Certainly, investors would be very foolish not to take heed of the shortfalls before investing in the program.
Indeed, Vanuatu Honorary Citizenship is not the same as regular citizenship. This revocation clause for the program was found on the government’s website:
“The Vanuatu Citizenship Commission has the power to revoke a Vanuatu citizenship based on the following grounds:
- the citizenship was granted in a fraudulent manner; or
- the citizenship was granted contrary to the provisions of the Citizenship Act [Cap 112] or the national Constitution of the Republic of Vanuatu; or
- the person after being granted citizenship is not complying with the restrictions provided by the Citizenship Act.“
The Vanuatu DSP program is quite new, only established since 2017. Nonetheless, the revocation clause was recently tested in 2019 by the PlusToken scandal. The scandal involved four passports granted to Chinese nationals allegedly running the PlusToken Ponzi scheme.
Upon notification by the Chinese authorities, the Vanuatu Citizenship Commission promptly revoked their passports. No doubt, the absence of due process is certainly a red flag. Additionally, failure of the government’s due diligence would also be of concern for future applicants.
But what is the alternative? Would you rather be subjected to the Citizenship Act that applies to naturalized Vanuatu Citizens? It seems that Honorary Citizenship under the DSP is not as unfair as one would assume.
Under chapter  of the Vanuatu citizenship Act Part 4 clause 14-16 it dictates the revocation rules for loss of citizenship. There are several circumstances which can result in citizenship revocation including:
- Dual citizenship is not permitted for regular Vanuatu citizens.
- Taking an oath of foreign allegiance or traveling across an international boundary using a foreign passport will result in revocation.
- Vanuatu citizenship can also be revoked for conviction of any crime carrying a sentence of 10 years or more.
The Republic of Turkiye first established their citizenship by investment program in 2017. After a slow start it has quickly become the world’s most sought after second citizenship program. This is especially pertinent for applicants who come from Islamic countries with unstable politics such as Iraq, Syria, Iran, Afghanistan, and Pakistan.
Turkiye is indeed a beacon of political stability that is easily accessible from within West Asia. In addition, the historical significance as a country which serves as the bridge between East and West has survived for many centuries. This is especially true in Istanbul where it is possible to purchase residential real estate to qualify for the program.
Furthermore, Turkiye is by far the strongest and most independent minded of the citizenship by investment countries. Turkey is also a stable country with sensible social values. Therefore, it is becoming increasingly popular with like minded applicants from non-Islamic countries who are looking to dispose of “Western Values”.
Of note is the Constitution of Turkiye which contains a strongly worded protection clause for all Turkish citizens. Indeed, everyone bound to the Turkish state through the bond of citizenship is a “Turk”. As a result, regardless if you were born to a Turkish mother or father or became a Turk through conditions stipulated by law such as the citizenship by investment program, your rights as a citizen of Turkey are the same.
CHAPTER FOUR, Section I, Article 66 of the Turkish Constitution dictates as follows:
ARTICLE 66– Everyone bound to the Turkish State through the bond of citizenship is a Turk.
The child of a Turkish father or a Turkish mother is a Turk. (Sentence repealed on
October 3, 2001; Act No. 4709)
Citizenship can be acquired under the conditions stipulated by law, and shall be forfeited only in cases determined by law.
No Turk shall be deprived of citizenship, unless he/she commits an act incompatible with loyalty to the motherland.
Recourse to the courts in appeal against the decisions and proceedings related to the deprivation of citizenship shall not be denied.
In combination, the geopolitical strength of the Turkish state and the protections enshrined for all citizens in the constitution make Turkiye the most secure country to acquire citizenship by investment.
Turkiye unequivocally provides the strongest legal protection for successful CIP applicants. As a result, there is nothing to fear from foreign interference which would result in revocation of your Turkish citizenship.
There are no scandals involving the Turkish citizenship by investment program. This is a testament to the strength of the Turkish State to maintain their own citizenship program without undue influence from foreign governments.
Antigua and Barbuda Citizenship
The Antigua and Barbuda Citizenship By Investment Act 2013 has a clearly written citizenship “deprivation” policy outlined in clause 4(3)(a)(b).
Clause 4(3)(a)(b) applies in instances when a citizenship was obtained through “false representation or fraud or willful concealment of material facts”.
Deprivation is also applicable if a person has been “convicted in Antigua and Barbuda” of an act of treason or sedition. Additionally, under clause 4(3) the person has the right of appeal to the High Court.
The Antigua and Barbuda due process for citizenship revocation was recently tested in court by “absconding diamond merchant” Mehul Choksi. Apparently, Mr. Choksi had obtained a Antigua and Barbuda passport through the citizenship program in 2017.
He then fled his native India in January 2018 weeks before a huge banking scam was publicized implicating Mr. Choksi and his nephew Nirav Modi as the masterminds.
Mr. Choksi has faced fierce political rhetoric from the Prime Minister of Antigua and Barbuda. Prime Minister Gaston Browne has indeed repeatedly stated that the revocation of Mr. Choksi’s Antiguan passport was “inevitable”. However, he also reiterates that due process would be followed.
Update: Mr. Choksi mysteriously appeared on the neighboring island of Dominica on May 23, 2021. This resulted in speculation that Mr. Choksi would be forced to return to India. However, as of July 12, 2021 all indications are that Mr. Choksi has been returned to Antigua and Barbuda. He is to remain there for medical treatment until deemed fit to stand trial in Dominica for illegally entering the country.
His nephew, on the other hand, entered the UK on a tier 1 investor visa in 2018. He was arrested in 2019 by UK authorities, his request for bail has been denied five times.
Update: As of August 10, 2021 all indications are that Nirav Modi is still in the United Kingdom. He is awaiting the results of his appeal against the extradition order forcing his return to India to face charges.
Latest Update: As of April 14, 2023 follow the latest developments concerning the Mehul Choksi scandal. Learn more about the detrimental effect it is having on the Antigua citizenship program.
The 2013 Grenada Citizenship by Investment Act 15 establishes the rules and regulations for the Grenada citizenship program.
Specifically clause 12(1)(b) permits revocation of citizenship for “material non-disclosure of any information” during the application process. Clause 12(5) applies if the Minister is satisfied the applicant issued citizenship no longer satisfies the provisions of the Act.
Furthermore, clause 12(6) requires the Minister to provide notice of the reasons for the revocation in writing to the citizen and allow the person a minimum of 30 days to make objections for the revocation. After due consideration, the Minister will advise the agent of their decision.
The disclosure on Grenada CBI application FORM 5 Part F(4) would indicate any conviction for treason or sedition would be included as reasons for revocation of citizenship.
To the best of my knowledge, there are no revocations or legitimate scandals involving the Grenada program. As a result, the Grenada revocation clause has not been tested in the courts. However, this is not a negative, rather it is a testament to a well run due diligence program.
Unfortunately, there are some claims by Al Jazeera regarding the exchange of Grenadian diplomatic posts for political donations?
However, there is no credible evidence of this. Additionally, rewarding ambassadorships e.g. Gordon Sondland as repayment for political campaign donations or favors is common practice in Western democracies – especially in the US.
This alleged diplomatic passport scandal is a purely hypocritical claim about Grenada by Al Jazeera based on the ramblings of a conman.
St Lucia Citizenship
The St Lucia Citizenship by Investment Act No. 14 2015 sets out the rules and regulations pertaining to the Caribbean’s newest citizenship program. Specifically, clause 38 states that the Minister may revoke a grant of citizenship made under this act for:
- “False representation or fraud or wilful concealment of material facts” or
- “the person has been convicted of an offense” or
- “the person has performed any other act which, within the opinion of the Minister, has the potential to bring disrepute to Saint Lucia”.
Clause 2 and 3 give the Minister the power to revoke citizenship for a conviction of “any offense” or matters of his “opinion”. Clause 38 provides for review of the High Court. However, there is little chance of success for anyone who would challenge the decision to revoke citizenship.
The legislature of St Lucia was unambiguous with the wording of the revocation clause. As a result, the Minister was granted sole discretion to revoke citizenship for practically any reason.
The basis for revocation could include second hand information from undisclosed sources, political innuendo or petty crimes such as a jaywalking citation.
Indeed, in 2018 the Prime Minister of St Lucia used clause 38 to revoke six citizenships obtained under the citizenship program. The gazette publication only revealed their names (which appeared to be of Middle Eastern descent) and that – according to the Minister – “they committed acts which may bring St. Lucia into disrepute.”
Established since 1993, the Dominica citizenship program is one of the oldest programs in the world, with only St Kitts and Nevis having seniority.
The Commonwealth of Dominica Citizenship by Investment Act outlines the country’s rules and regulations including the revocation clause. The relevant policy is found under clause 4(8)(b)(c).
“4(8) If an applicant –
- (b) is subsequently found to have provided false or incorrect information, or concealed any material fact, the applicant may be deprived of Citizenship of Dominica pursuant to Part III, section 10(2) of the Act;
- (c) commits any of the acts referred to in paragraphs (b) he or she may also be prosecuted pursuant to the provisions of the Perjury Act.”
Furthermore, under Clause 6(a)(b)(c), the government specifies that if a real estate investment used to qualify for the program is sold prematurely (before the end of the stipulated holding period) the investor’s citizenship will be revoked.
It is probable that Commonwealth of Dominica Citizenship Act Part III clause 10 may also apply to successful citizenship applicants. The clause states that deprivation of citizenship is possible for any act of disloyalty (treason or sedition) to Dominica or a criminal conviction in any country carrying a sentence of over 12 months within the first 5 years of obtaining citizenship.
To the best of my knowledge, there are not any legitimate scandals or any evidence of the revocation clause ever being used. Indeed, no citizenship revocations or court challenges is a testament to a well run due diligence regime. This is especially true since the Dominica citizenship program has been active for over 27 years.
Nonetheless, in 2019 Al Jazeera created a fuss when they published the story of Iranian businessman Ali Reza Monfared who had apparently obtained a diplomatic passport from Dominica. Mr Monfared had allegedly received a diplomatic passport in return for political campaign donations and favors in Dominica.
However, there is no credible evidence provided in Al Jazeera’s allegations. Additionally, the source was culpable because they had been in a business partnership with Mr. Monfared.
Furthermore, rewarding ambassadorships e.g. Gordon Sondland as repayment for political campaign donations or favors is common practice in Western democracies – especially in the US.
One glaring omission that makes validation of the Cyprus revocation clause extremely difficult, or their entire Cyprus Investment Program (CIP) for that matter, is the fact that the applicable legislation is not available on their official website. This is in stark contrast with the other programs already covered.
As a result of international pressure, the revocation clause for the CIP has apparently been retroactively implemented by the Cyprus legislature because it did not previously exist.
According to a September 5 2020 Al Jazeera post:
“While commitments were made in late 2019 to revoke passports of those linked to criminal activity, it was only in July this year that the parliament passed a law that allows citizenship to be stripped retroactively.”
Indeed, the CIP was implemented without a revocation clause. If these new CIP regulations even exist, where an official version can be found, is beyond my capacity to locate and reference here.
Before this new revocation clause was supposedly created for the CIP, according to a local Cyprus law firm – Patrikios Pavlou & Associates – the Civil Registry Law Article 113 (2) to (3) was applicable. However, according to Patrikios Pavlou & Associates, some of its clauses are applicable and some are not.
Looking elsewhere, I was able to find an abstract of what appears to be a new version of the Cyprus citizenship revocation clause on the Cyprus Property News website. Lets use it for simple comparison purposes (obviously, investors should get competent legal counsel before acting on it), the clause reads as follows:
“citizenship can be revoked if an investor is handed a jail sentence of more than five years in any country if they are wanted by Interpol or Europol if they do not comply with the criteria and additional preconditions set out, or subject to international sanctions.”
This elusive nature of the CIP revocation clause is a sign that the Cyprus program was hastily implemented. Most likely, they were only looking to cash in quickly and were therefore less concerned with establishing respectability.
The obscurity of the Cyprus Citizenship Act by itself would be a non starter for any legitimate investor planning to invest over €2,500,000 in Cyprus.
Nonetheless, this citizenship revocation clause and the new scandal revealed by Al Jazeera should be moot point for any legitimate investor who is still even remotely considering the Cyprus program.
Investors have so quickly forgotten that Cyprus raided bank deposits in 2013 in order to bail out their profligate government. As a result, 47.5% of “all bank deposits above €100,000 were seized.”
The money the government pilfered was never paid back and they have expressed no remorse or any intention of ever doing so. This is despite the fact that the €10,000,000,000 EC, ECB and IMF bailout they received was repaid in full.
Of note is the fact that the EC, ECB and IMF were fully aware that Cyprus would be stealing money from bank accounts to subsidize the European bailout program. Indeed, the bank heist was not only advocated but required as part of the European bailout being arranged for Cyprus.
What kind of constitutional protections should a legitimate investor expect from a country that steals bank deposits? Additionally, it certainly raises doubts about the integrity of the Cyprus program’s applicants.
Who else but a crook with a mountain of illegitimate cash to throw away e.g. Jho Lo would be willing to overlook the obvious insecurity and massive price tag of the Cyprus program?
Furthermore, any legitimate investor will now have to contend with the stigma and shifting constitutional protections resulting from the forthcoming political tsunami.
Update: This Cyprus Investment Program has been terminated since November 1st, 2020 by the decision of the Council of Ministers dated October 13, 2020. Therefore, no new naturalization application can be submitted after this date under this program.
It is also noted that the Commission has not yet defined the procedure for registering new providers and therefore does not currently accept new applications for registration.
The Maltese citizenship by investment program is regulated under the Maltese Citizenship Act, Cap 188, LN-47. Specifically, the program regulations pertaining to citizenship revocation are found under section 10.
“Without prejudice to the provisions of article 14 of the Act, the Minister shall in all cases be deemed to have reserved the right to deprive a person of his Maltese citizenship granted under the programme if an applicant who has been granted citizenship fails to comply with any requirement to lease, purchase and retain property in Malta or to make and retain investments in Malta, as established by these regulations or has become a threat to national security or is involved in conduct which is seriously prejudicial to the vital interests of Malta. In such cases the procedure for deprivation of citizenship stipulated in article 14 of the Act and in any regulations made under the Act in respect of such deprivation shall mutatis mutandis apply.”
The revocation clause makes reference to the “procedure for deprivation” stipulated under “article 14 of the Act”. Therefore, investors should assume the “deprivation” clause found under article 14, Maltese Citizenship Act Cap 188 is relevant.
The revocation clause under LN-47 and the Maltese Citizenship Act Cap 188 itself is clearly written. The procedure for revocation referenced in article 14 requires the Minister to provide notice and allows for review, however the Minister retains control over the review process.
“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.”
There is no evidence of any citizenship revocations ever occurring under the Malta citizenship program, which is testament to well run due diligence regime.
However, there were accusations of corruption that came from a French video recording. In the video, it appeared the agent was offering to provide preliminary review of the application for a politically exposed person.
Preliminary approval would be a professional courtesy to save the applicant time and expense in the case he ultimately had no chance of approval. No further action resulted from this “scandal” only political accusations and finger pointing.
In another case, there are allegations that a journalist was murdered who apparently had been “investigating the program for months”. There was no evidence provided of any corruption in the Maltese program only unsubstantiated, circumstantial allegations.
The Government of Montenegro, at the session of 22 November 2018 adopted the “criteria, method and procedure for selection of persons who may acquire Montenegrin Citizenship by Admission for the purpose of implementation of special investment programs of special importance for the business and economic interests of Montenegro.”
Under the “Provision for Inaccurate Data – Article 17” a person who obtained citizenship through the program can be stripped of their status if it was found by the “Competent Body” that “false information or deliberately concealed facts or circumstances” were submitted with the application by the applicant or the international due diligence agency.
Furthermore, under the “Law of Montenegrin Nationality” Montenegro does not allow dual citizenship, if so Montenegrin citizenship can be revoked. Additionally, “Montenegrin nationality may be lost by international treaties or agreements concluded by Montenegro.”
The Montenegro citizenship by investment program is very new with only a small handful of successful applicants. There is no history of revocation or scandals.
Update: On March 19, 2021 the Montenegrin government disclosed that the citizenship program’s benefits did not outweigh the risks. Their concern was Montenegro’s presumed ascension into the European Union which was deemed at risk because of the program.
Citizenship through investment for Montenegro will be discontinued after on December 31, 2021. They are considering a new skills based program as a replacement, however no details have been given to date.
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