Malta: Henley and Partners’ profits rise by 500%, selling passports

A lucrative business:

The citizenship planning firm, Henley and Partners, has seen its share of distributed funds from the Individual Investor Programme (IIP) increase by over 500%, calculations by Newsbook.com.mt finds.

The firm is a leader in the process more commonly known in Malta, as the selling of Maltese passports.

Comparing the reporting by the Office of the Regulator for the IIP for the Third and the Fifth Reports (2016 – 2018), the firm has managed to make a significant sum of money through the IIP. The reporting period ranges between the 1st July and 30th June.

In the Third report which includes the profits from the start of the IIP to the 2016/17 reporting period, Henley and Partners managed to make €5.8m from their services.

The publication of the Fifth report last month, now shows that that this number has grown to €28.8m, 500% since the IIP process began

As with previous years, the sums of money that the firm receives come via a Suspense account which is set up to receive the financial contributions, property purchases, rents and investments generated from individuals seeking citizenship.  These elements are written into the Laws of Malta.

Once the individual(s) have made the Oath of Allegiance, these funds are then distributed under IIP guidelines. Henley and Partners is entitled to receive 4% of the contributions as well as 4% of the investments made under the Investment Requirement.

MEPs speak to Henley and Partners

The firm is by no means the only entity in Malta carrying out this process of ‘citizenship planning’ and it is clear from the reporting periods that Identity Malta generates more from the IIP. H&P are however a prime mover and shaker in the investment visa field, a field said to still be in need of proper regulation.

During their investigations into the murder of Daphne Caruana Galizia, and wider concerns about Malta, an EU delegation of MEPs from the Committee on Civil Liberties, Justice and Home Affairs, spoke to the firm trying to understand more about how the process works, and the firm’s role in it.

Malta and Cyprus are the only two countries which operate the ‘Golden citizenship programme’ within the EU, and according to their discussions with a representative of Henley and Partners, they found that they facilitate only 40% of the total number of applications for Malta.

With EU sanctions imposed on Russia and Russians being one of Malta’s citizenship clientele, the delegation raised concerns about a number of those blacklisted under EU sanctions who had managed to receive citizenship through their programme. H&P insisted that their due diligence processes were ‘very reliable’. The continued saying that the process is, ‘extremely serious and rather lengthy’ and that, ‘it is not easy to get citizenship rapidly’.

The representative added that they cooperate with the government and other organisations in cross checking the identities and backgrounds of those making applications.

The delegation report states that rejection rates for Russians have been going up and this is consistent with the 25% overall rejection rate that currently stands in Malta.

Applications are down but demand is steady

The latest regulator report shows that numbers of applications have dropped in the yearly reporting period, standing at 330, 47 less than the last year.

However, numbers from Europe remain high at 141 applications, 42.7%. Asia has also grown to 107 this year, 32.4%. This is 11%  greater than last and four times greater than 2015 figures (8.6%).

The Middle East has seen a 5.6% drop its numbers with only 26 applications made. Individuals from African states on the other hand, submitted 30 applications this year (9.1%), almost 4% more than 2016/17 reporting.

Overall, the number of approved applications was 223, making the total to June 2018, 961. This offsets the number of rejected or withdrawn applications which currently sits at 75.

Turning serious money into solid investment

Investment clients ‘are obliged to invest in a residential immovable property in Malta, either by acquiring and holding one having a minimum value of €350,000 or by taking one on lease for a minimum annual rent of €16,000.’ This is stipulated under the IIP Regulations.

Over this year’s reporting period, the total amount of property purchased as part of the IIP’s investment regulations sits at €29,600,500. This covers the value of 25 properties averaging €1,184,020 in value.

Sliema and St Julians are the most favourable places for this property, accounting for 72% of those purchased.

According to the 2016/17 report, there were 80 properties purchased, more than this year. The favourable locations of those properties remains consistent with this year.

Over 200 (231) other properties were being leased for a contractual duration of 5 years. This amounts to a total of €23,062,687.64, averaging €95,695.80 per contract and €19,139.16 per lease.

These leased properties are found across 26 different areas in Malta with Sliema and St Julians emerging as the most favourable again, 35% and 21% respectively.

Last year’s figures show that the number of leased properties was over double that of this reporting period. 483 properties were leased by investment clients. Their locations are also as varied as this year’s report.

They didn’t speak to me, they didn’t look at the reports

This year’s report opens with some criticism from the regulator, Mr Carmel DeGabriele. In his foreword to the report, he talks about his disappointment that members of the EU delegation that visited Malta, did not consult with him or look at the previous reporting or frameworks that the IIP use to vet potential citizenship candidates and use the funds.

He says that, ‘none of the fact-finding missions which came over to Malta from both the European Commission and the European Parliament as well as other institutions that have decided to criticize the running of this Programme have even bothered to request a meeting with the undersigned or any of the members of my Office or seem to have at least carefully studied any of this Office’s past Annual Reports before expressing in one way or another their deep concerns over this Programme.’

He also readdressed the question that the contributions that are paid in through the regulations go towards the country’s improvement.

‘It has already been spelt out that the income which the Government is and will be deriving from this Programme will in the coming months and years play an extremely important role in the country’s infrastructural boom and social development.’

Source: Henley and Partners’ profits rise by 500%, selling passports

Douglas Todd: Wooing the ultrarich with ‘Golden Passports’ and flattery

Good column on citizenship-by-investment schemes:

I regret to inform readers that few of you are likely to receive an alluring invitation to buy a “Golden Passport.” That is because you are not a “High-Net-Worth-Individual,” also known as an “HNWI.”

Chances are you are just not moneyed enough to be targeted by the glossy magazines, online ads and emails designed to entice a certain class of people to join the elite club of “global talent” eager to purchase their way into a new “opportunity oases,” or, as some of us still like to call them, nations.

No, since you are not worth many millions, if not billions, of dollars, you are not the market for the jargon, euphemisms and flattery that would otherwise urge you to advance the interests of yourself and family by becoming an international “investment expatriate” or “investor immigrant,” while being lauded as “the best and brightest.”

Instead, this exclusive circle of passport and visa purchasers is for the super-rich, especially those who don’t trust their own governments, who seek the “competitive advantage” of multiple passports, who are keen on avoiding taxes and who are looking for a haven for their families. Stable, clean welcoming Canada, and Metro Vancouver, are among the most sought-after destinations of this jet-setting club.

Alas, watchdog agencies are beginning to warn that some of these trans-national migrants also want to hide their ill-gotten gains. They are collecting second, third and more passports, or at least permanent resident cards, from multiple nations as they strive for an immigration status that can provide the real-world equivalent of what the game of Monopoly calls a “Get Out of Jail Free” card.

The number of investor migrants is expanding rapidly. Economist magazine says “thousands of passports are bought and sold every year, almost always by the wealthy. The number of commercially acquired residence permits runs into the hundreds of thousands.” It’s an industry that the public widely suspects of diminishing the rights and privileges of citizenship.

There is also gnawing worry the governments busy selling passports and visas — typically in exchange for an “investment” in government bonds, businesses or real estate in the value of anywhere from $200,000 to $2.5 million — are playing into the hands of international crooks, terrorists, money launderers and oligarchs.

The European Union has gained nearly 100,000 rich new residents and 6,000 new citizens in the last decade through poorly managed, semi-secret passport-sale schemes, says Transparency International and Global Witness. The watchdog organizations have concerns about Spain and Britain, but they’re especially alarmed by the European Union’s smallest countries, Cyprus and Malta — because anyone who buys a passport from one of these yacht-filled nations gains access to all 26 countries of the EU.

Canada designed one of the first investor-immigrant schemes in the late 1980s, which soon became known for luring hundreds of thousands of affluent Hong Kong residents to the country. And, along with the United States, Canada remains among the most popular destinations for ultrarich trans-nationals hunting for extra visas and passports.

Thousands of lawyers and immigration specialists now strive to ingratiate themselves with these upper-crust clients. The most influential firm promoting the value of trans-nationalism is Henley and Partners, founded by Swiss lawyer Christian Kalin, which has offices in 20 nations and claims to have created “the concept of residence and citizenship planning.”

Kalin is editor in chief of The Global Residence and Citizenship Review, a glossy magazine that sings the praises of the “aspiring migrants” who take advantage of extra passports and the mobility they provide. One glowing ad in his magazine pumps the value of paying to “secure your family’s future with European citizenship.” It features a posh father knotting the private-school-like tie of his son. Arguably the world’s second biggest firm centred on securing a safe haven for investor migrants is Arton Capital, which has its headquarters in Canada.

Vancouver-based Johann van Rooyen, who runs the Citizenship by Investment Research Consultancy, says the global rich are buying “powerful passports” because they want to have the potential to escape political problems, preserve their wealth, reduce their taxes and travel more freely to more countries.

“While political instability and violence forces most investor-class emigrants to physically move to their host countries, for many others a second passport is seen as an insurance policy against future risks. They prefer to stay in their home countries, but like to have an alternative in case things go wrong,” says van Rooyen, citing how high-net-worth migrants are worried about rising political danger, crime, pollution and authoritarianism in places such as the Middle East, Russia, China and South Africa.

“Many Hong Kong residents who left before the China takeover in 1997 returned within a few years, after they obtained a second passport (mainly from Canada),” says van Rooyen, explaining how a lot of migrants don’t actually move to the country they bought their way into. “And thousands of Lebanese Canadians returned to Lebanon after obtaining Canadian citizenship.” More than 250,000 people now living in Hong Kong, and at least 50,000 in Lebanon, have a Canadian-passport lifeline.

The federal Conservatives finally stopped Canada’s immigrant-investor program in 2014, after determining most of the affluent who took advantage of it didn’t intend to live in Canada and those who did paid few taxes while receiving free health care and subsidized higher education.

But Quebec’s buy-a-passport scheme continues to this day.

The Quebec Immigrant Investor Program — which attracts nine out of 10 of its millionaire applicants from Asia — does not actually lure many foreign rich to the French-speaking province. Instead, the vast majority of the roughly 5,000 migrants a year who exploit Quebec’s plan move to Metro Vancouver and Toronto, where their foreign-sourced dollars pump up the cities’ already high-priced real estate.

Radio Canada journalists this fall reported that fraud, forgery and money laundering are rife in the Quebec Immigrant Investor Program. And this appears to be the norm with many Golden passport schemes. More media outlets are beginning to detail the corruption in such programs, which often make it possible for high-net-worth individuals to evade taxes and in many cases the law-enforcement officials trying to track dirty fortunes.

Trans-national scoundrels, for instance, can dodge tax reporting rules in their home country by taking citizenship or residency in a second country and opening a bank account in a third, claiming tax residency in the second. The list of scams goes on. One Chinese investor caught up in a rare crackdown on immigration fraud in Vancouver was found with seven different passports.

The passport-for-sale industry needs to be more diligent in corralling abuse and pitfalls, say watchdogs. And so do receiving and sending countries. The Economist recently speculated about a possibly bad fate, for instance, befalling some of the tens of thousands of newly wealthy Chinese nationals, who have become the world’s leaders at snapping up Golden passports and visas

“Only about half the countries in the world allow their citizens to hold dual nationality. China is not one; and it has strict exchange-control rules,” warns the Economist. “It seems unlikely that all Chinese investment migrants have alerted the authorities to their plans, or gained permission to take their money out.”

Many politicians in the West have gone wild for passport-buying schemes, most of which are new. But law enforcement officials, the public and even the investor immigrants themselves are only learning now about the real price that may have to be paid for such dubious schemes.

Source: Douglas Todd: Wooing the ultrarich with ‘Golden Passports’ and flattery

Henley & Partners Wins Mandate for Moldova Citizenship-by-Investment Program

Entry level price keeps on getting lower (Euro 100k):

LONDON–(BUSINESS WIRE)–Jul 12, 2018–Henley & Partners, a leading global investment migration firm, has won the public tender to design, implement, and promote the much-anticipated Moldova Citizenship-by-Investment (MCBI) program. The firm submitted its application for the public tender — issued by the Ministry of Economy and Infrastructure of the Republic of Moldova — at the end of May.

The MCBI program, set to launch within the next few months, will become the third such program in Europe — after Malta and Cyprus —and the most affordable, giving individuals the opportunity to acquire alternative citizenship by making a EUR 100,000 contribution to Moldova’s Public Investment Fund.

Henley & Partners has accumulated over 20 years of experience working with governments in North America, the Caribbean, Europe, and Asia on the design, set-up, operation, and promotion of some of the world’s most successful residence and citizenship programs, raising more than USD 7 billion in foreign direct investment (FDI).

The firm applied for the mandate as part of a consortium together with MIC Holding LLC (Moldovan Investment Company), a company based in Dubai, UAE and founded to focus on strategic FDI initiatives. In addition, an agreement has been signed with the Boston Consulting Group (BCG), a leading global management consulting firm with 90 offices in 50 countries, to provide advice on best-in-class FDI strategy and implementation.

“The program is poised for success on account of its competitive pricing structure and strong value proposition,” says Marco Gantenbein, Executive Committee member at Henley & Partners. “Moldova offers its citizens visa-free access to 121 destinations, including the countries in Europe’s Schengen Area as well as Russia and Turkey. It has entered into an association agreement with the EU and is aiming to become a candidate country for EU membership.”

Moldova’s Minister of Economy and Infrastructure, Chiril Gaburici, says his government’s primary objective is to create long-lasting societal value for the Moldovan people. “The MCBI program will provide our economy with valuable FDI that will enhance the daily lives of all Moldovans. Uncompromising due diligence standards and compliance procedures will guarantee the credibility, competitiveness, and long-term sustainability of the program. In this regard, we are delighted to be working with Henley & Partners, whose good governance systems are industry-leading.”

Source: Henley & Partners Wins Mandate for Moldova Citizenship-by-Investment Program

Malta’s “due diligence” of rich passport buyers gets glowing review

Different meaning of “due diligence”:

Malta’s due diligence of people applying to buy citizenship has been held up as “a textbook example” of effectiveness and reliability by Thomson Reuters.
Peter Vincent, general counsel at the Canadian company that provides intelligence services, said Malta’s Individual Investor Programme provided a high standard of due diligence.

“Malta has a reputation for having a very solid programme for citizenship and residency that has very secure due diligence processes in place and transparency. It’s by no means perfect but there is no completely secure system in the world but if you are looking for a model, not just for the EU but for the entire world, I would look to a country like Malta,” Vincent said in an interview with Investment Migration Insider, an industry journal.

Thomson Reuters is one of the companies used by Identity Malta to help it in the screening of prospective clients.

Vincent was speaking on the price war in the Caribbean over citizenship programmes, which was affecting due diligence standards in the region.

“Malta is a textbook example of how to conduct effective and reliable due diligence,” he said, adding that Identity Malta should look beyond its remit and mentor other countries still trying to develop their programmes.

The IIP was introduced amid much controversy in 2014 with the aim of attracting rich foreign nationals interested in buying Maltese citizenship. The scheme has enabled the country to create a multi-million euro fund administered separately from government accounts.

The programme last year raised some €165 million and is capped at 1,800 applications, a number likely to be reached some time next year.

The government has been criticised by the European Parliament because the names of those who obtain citizenship through the IIP are not published separately. Instead, the names are included without any specific identifier with those of others who obtain citizenship through naturalisation.

At a recent citizenship forum organised by Henley and Partners, the company entrusted to manage and market Malta’s scheme, Prime Minister Joseph Muscat said Malta will be extending its citizenship by investment programme.

He told his audience in Hong Kong the second IIP programme would be “even more exclusive” than the current version, without elaborating further.

via Malta’s due diligence of rich passport buyers gets glowing review

Passports for Sale – CBS News

Follow-up interview to CBS’s 60 Minute exposé of citizenship-by-investment schemes. Long article but interviews revealing:

It’s provided St. Kitts and Nevis with hundreds of millions of dollars for infrastructure projects, private development, and tourism but a lot of the money is unaccounted for. More than 10,000 people have purchased citizenship here, but it’s almost impossible to tell who they are because the information is not public. Chris Kalin doesn’t like the words citizenship for cash, or any suggestion that all you need is money to get a passport.

Chris Kalin: You have to go through a process. You have to apply. And you have to answer a million questions. And you have to undergo a background verification. And you have, at least in the properly run programs, you have to be a reputable person. And that’s checked.

But evidently, not that carefully. About the only way to identify people who have purchased St. Kitts citizenship is if they’ve happened to turn up on a list of international fugitives or gotten in trouble with the law, and St. Kitts and Nevis has had more than its share for two sleepy, little islands. Its passport holders have included a Canadian penny stock manipulator… a Russian wanted for bribery… a Kazak wanted for embezzlement… two Ukrainians suspected of bribing a U.N. official… and two Chinese women wanted for financial crimes.

Chris Kalin: I think it’s no secret that these islands have made decisions that are not always optimal.

Steve Kroft: They’ve taken some bozos, as you would call them?

Chris Kalin: Yes, exactly.

Steve Kroft: What about crooks?

Chris Kalin: Yes. It’s goes all the way down to crooks, yeah, absolutely. And it tended for some time to attract quite a few people that I would never let into the country. But I’m not the government of St. Kitts and Nevis.

Steve Kroft: But you set up their program.

Chris Kalin: We helped to set up the program. But, you know, as it is, advisers advise, ministers decide.

The island nation drew the ire of the U.S. Treasury Department three years ago after three suspected Iranian operatives were caught using their St. Kitts passports to launder money for banks in Tehran in violation of U.S. sanctions. It also had to recall more than 5,000 passports because they either didn’t include a place of birth or were issued to people who had changed their names. Since then a number of reforms have been made, but questions remain.

Peter Vincent: They’re not transparent programs. There are not safeguards in place.

Until 2014, Peter Vincent was the top legal adviser for U.S. Immigration and Customs Enforcement, part of the department of Homeland Security, which he says is well aware of all the vulnerabilities. In fact, before General John F. Kelly became secretary of the Department of Homeland Security, he expressed concern in a 2015 report that “cash for passport programs could be exploited by criminals, terrorists or other nefarious actors.”

Steve Kroft: Does that present a security threat, do you think?

Peter Vincent: It does. In my opinion, the global community has established a very effective global security architecture to prevent terrorist attacks. I see these cash for citizenship programs as a gaping hole in that security architecture.

antigua-ciu-program-door-sign.jpg

Government of Antigua and Barbuda’s Citizenship by Investment Unit

CBS NEWS

But it’s not stopped the programs from multiplying across the Caribbean…Dominica, Grenada, St. Lucia, and Antigua are all competing with St. Kitts now for customers and badly needed cash.

Gaston Browne: So what are we supposed to do? Sit back and do nothing? You tell me.

Gaston Browne, the prime minister of Antigua and Barbuda, says the revenue from its four-year-old program has kept the government from defaulting on its international loans and has turned the economy around. Antigua also claims to have among the strictest programs in the Caribbean. You actually have to show up here to get citizenship, albeit very briefly.

Gaston Browne: Our law provides them to spend at least five days here.

Steve Kroft: That sounds like a vacation.

Gaston Browne: Yes. I understand. But however, we have made sure that at least there must be some face-to-face contact so we know who these people are.

Steve Kroft: For five days.

Gaston Browne: Minimum.

Steve Kroft: What kinda people are you looking for?

Gaston Browne: We’re lookin’ for high net worth individuals. People who are established business people. Who are well-known. And to make sure that we get the crème de la crème.

If so, they are recruiting them in some odd places. Last summer, Antigua announced it was opening an embassy in Baghdad hoping to sell passports to Iraqis. It didn’t work out. But it’s doing better next door in Syria after hiring a relative of President Bashar Al-Assad to represent them.

Steve Kroft: Have you had any applications from Syria?

Gaston Browne: Yes. We have had applications from Syria.

Steve Kroft: And you’ve approved them.

Gaston Browne: Syria is one of the areas in which we have had some concerns but did not place it on a restricted list.

Prime Minister Browne told us instability breeds opportunity. Besides Syria, Antigua has sold citizenship to Iranians, Libyans, Pakistanis, and the people who brought condos in this half-built complex in the desert outside Dubai, 7,300 miles away from Antigua. Its website advertised, “Buy a villa in the UAE and get citizenship of Antigua.”

Steve Kroft: I mean, you said that you were looking for the crème de la crème.

Gaston Browne: Crème de la crème.

Steve Kroft: I mean, there’s a developer in Dubai.

Gaston Browne: Yes.

Steve Kroft: Sweet Homes.

Gaston Browne: Yes.

Steve Kroft: Who is advertising that he’s giving away passports to anyone who buys a condominium there.

Gaston Browne: You don’t believe that, right?

Steve Kroft: Like you open a bank account, you get a free toaster.

Gaston Browne: That is not so.

Browne dismissed the sweet homes ads as advertising hype, saying the citizenship is not free or guaranteed. Somebody has to come up with $250,000 for Antigua and condo buyers must pass a background check.

Gaston Browne: You have to go through all of the due diligence.

Steve Kroft: What kinda due diligence do you do?

Gaston Browne: Well, and that is where the crux of the matter lies.

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A diplomatic passport from Dominica

CBS NEWS

The prime minister claimed that the names of all applicants for Antiguan citizenship are screened by American intelligence and law enforcement agencies, and generally speaking due diligence in the Caribbean has improved substantially since the scandals in St. Kitts. The small island offices with a few people are now backed up by international firms that take the screening to a higher level. But ultimately it’s up to each country to decide who gets a passport, and the Caribbean has a rich history of turning a blind eye to official corruption. It’s affected the way the way passports are handed out, especially diplomatic passports, that entitle the bearer to all sorts of special privileges, which Peter Vincent says represents a much more serious security threat.

Peter Vincent: The border officials at the receiving country, even without a visa, almost always admit an individual carrying a diplomatic passport. In addition, border forces are not entitled to search the luggage of diplomats like they are for regular tourists. They simply wave them through.

The sale of diplomatic passports is not part of the citizenship by investment program, but it’s gone on under the table, according to U.S. authorities, in places like Dominica, which has had a lot of dodgy diplomats.

Lennox Linton: We had a diplomatic passport in the hands of Francesco Corallo, who, at the time, was on INTERPOL’s list of most-wanted criminals.

Lennox Linton, who heads the opposition in Parliament, says no one in Dominica had ever heard of Corallo until he was stopped by authorities in Italy.

Lennox Linton: He said, “You can’t detain me. I’m a diplomat.” They said, “Diplomat? Diplomat of where?” He said, “Dominica.”

Then there’s Dominican diplomat Alison Madueke, a former Nigerian oil minister charged with bribery and money laundering. And Rudolph King, a Bahamian fugitive from U.S. justice, who presented himself as Dominica’s special envoy to Bahrain.

Lennox Linton: What we were doing with an ambassador in Bahrain, I don’t quite know. But they seem to think that there was some benefit in there for us.

Steve Kroft: I assume that you’ve asked the prime minister…

Lennox Linton: Yes.

Steve Kroft: How he ended up appointing these people, diplomats.

Lennox Linton: Yes.

Steve Kroft: And what was the answer?

Lennox Linton: The prime minister doesn’t answer those questions.

With vast sums of money flowing into these island nations, and more and more countries selling their citizenship, there is consensus that still more oversight and transparency is needed. But privacy and secrecy have always been a major selling point for people buying multiple passports, including Chris Kalin, the man who invented the business plan.

Steve Kroft: How many do you have?

Chris Kalin: I have multiple.

Steve Kroft: So you don’t wanna tell us how many you have?

Chris Kalin: There’s a few things in my life that, that I don’t talk openly about. And I keep for myself. But I am Swiss originally and many people think I’m very Swiss and so I’ll leave it at that.

Our report in January sparked a flurry of reaction in the Caribbean. In Dominica, there were riots demanding the resignation of Prime Minister Roosevelt Skerrit for his handling of diplomatic passports. He denies any improprieties. The St. Kitts government deactivated more than 15,000 passports, including 91 diplomatic passports. And Antigua’s program — singled out by the U.S. State Department as “among the most lax in the world” — has also recalled many of its diplomatic passports.

Source: Passports for Sale – CBS News