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 citizenship is only a temporary travel pass exposed to the caprices of local politicians, foreign governments, assertive media, or anyone else who can throw their weight around and who wants to take a crack at you.
Before committing to a glossy CBI program advertisement, investors have to do competent due diligence on their preferred CBI program, which includes reading the applicable revocation clause in the country’s constitution and/or pertinent regulation. Independent analysis enables investors to readily identify any false impressions created by second-hand sources.
Why revocation clauses are necessary
To be sure, the inclusion of a revocation clause in the constitution is standard practice. They are 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 to false representation during the application process or crimes against the state, such as being convicted for treason or sedition.
Furthermore, an overreaching revocation clause is not the solution for weeding out undesirables. Instead, the CBI country has an obligation to conduct thorough due diligence during the application process. As a result, the occasional bad actors will be preemptively excluded before they are granted citizenship.
Indeed, revoking citizenship simply makes a bigger mess of an already difficult situation if an undesirable should slip through the system. 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 revocation clause.
Analysis of nine well-established citizenship by investment programs reveals strong constitutional protections but also exposes cracks that wise investors should certainly be aware of.
St Kitts and Nevis
St Kitts and Nevis CBI program was unveiled in 1984, soon after the country’s obtaining independence in 1983.
Saint Christopher and Nevis Citizenship by Investment Regulations do not include a revocation clause. However, we can assume that since the country’s independence and the introduction of the CBI program were nearly simultaneous, the revocation clause in the constitution would apply to the CBI program as well.
“[…] 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 – though it does leave the government latitude in terms of interpretation – and the intention of the legislature is clearly written.
