Recommendation calling on all Member States to end the "golden passport" programmes without delay, but also to consider cancelling citizenships granted under such programmes to Russians or Belarusians on the EU sanctions list, the Commission issued on Monday, linking the issue to Russia's ongoing invasion of Ukraine.
As announced at noon by Commission spokeswoman Anita Hipper, member states are also being asked to withdraw or not renew residence permits to Russian or Belarusian investors on the EU sanctions list.
It is up to member states to implement the recommendation, with the commission asking member states to report back on the actions they will take by the end of May.
Asked how many Russians or Belarusians have obtained a passport or residence permit of a member state through such programmes, Commission spokesman Eric Mamer said the Commission had no information on the exact numbers and that it was up to member states to review them.
Commenting on which member states are concerned by the recommendation, Commission spokesperson Christian Wigand said that infringement proceedings are ongoing against Malta and Cyprus, while a warning had been sent to Bulgaria.
He added that Bulgaria has voted to abolish the programme and Cyprus has abolished the programme and will no longer provide citizenships under the "golden passports" from November 2020. Malta, he noted, is the only country that still has a relevant programme.
In response to a question on the status of the infringement procedure concerning Cyprus, Vigand said that the Cypriot government has informed the Commission that it has revoked the citizenships of 39 individuals and 6 dependants on 15 October 2021. In an October 2021 letter, the Cypriot Interior Minister informed about the revocation of another seven cases identified in previous investigations, the spokesperson noted, adding that the Commission continues to monitor the issue.
The Commission's recommendations on golden passports/visas
In particular, according to a statement on the Commission's recommendation, member states are urged to "immediately cancel any existing citizenship programmes for investors and ensure that robust controls are in place to address the risks inherent in residence permit programmes for investors."
The Commission has several times raised concerns about these programmes and the risks they pose, the statement noted, also noting that "the current context regarding Russia's aggression against Ukraine once again highlights these risks."
As noted, some Russian or Belarusian citizens who are subject to sanctions or who support the war in Ukraine in a significant way "may have obtained EU citizenship or privileged access to the EU, including free movement in the Schengen area, under these programmes."
Therefore, it adds, the Commission recommends that Member States "assess whether citizenship granted under the golden passport programme" to Russian or Belarusian nationals on an EU sanctions list in connection with the war in Ukraine should be revoked."
With regard to residence permits granted under investor residency programmes to Russian or Belarusian nationals subject to sanctions, the Commission calls for them to be "withdrawn immediately, following an individual assessment and in accordance with the principle of proportionality, fundamental rights and national law of the Member States."
"European values are not for sale," Justice Commissioner Didier Raiders said in a statement. "We consider that the sale of citizenship through golden passports is illegal under EU law and poses serious risks to our security. It opens the door to corruption, money laundering and tax evasion."
"All Member States concerned should immediately end investment citizenship schemes. In addition, they should assess whether they should revoke any golden passports already granted to sanctioned individuals and others who are significantly supporting Putin's war."
For her part, Home Affairs Commissioner Ilva Johansson stressed that the EU needs strong controls to ensure that the right to free movement within the Schengen area is not abused.
"Golden residence permits issued to Russians and Belarusians subject to EU sanctions should be revoked," Johansson said.
The Commission's recommendation specifically underlines that:
Any Member State that continues to implement investor citizenship programmes should immediately terminate them as these programmes "are not compatible with the principle of sincere cooperation and with the concept of EU citizenship enshrined in the EU treaties". As recalled, on 20 October 2020 the Commission opened infringement proceedings against two Member States regarding the investor citizenship scheme (these are Cyprus and Malta) and urged another Member State to proceed with the termination of the scheme. Since then, it adds, two Member States have abolished the schemes or have initiated proceedings.[BR] Member States are asked to assess "whether citizenship previously granted to Russian or Belarusian nationals subject to sanctions or providing substantial support for the war in Ukraine should be revoked", taking into account "the principles laid down by the Court of Justice of the European Union on the loss of EU citizenship".
As regards residence permits, the Commission calls on Member States to introduce strict controls before issuing residence permits in order to prevent the use of such schemes in a way that creates security risks or facilitates money laundering, tax evasion and corruption. The checks include "residence and security conditions before such residence permits are issued, as well as verification of whether the stay is continuous."[BR] The Commission also calls on Member States to immediately revoke or refuse to renew residence permits granted under investor residency schemes for Russian or Belarusian nationals subject to EU sanctions in connection with the war in Ukraine, following an assessment. The same measure, it is noted, should also be applied to those who significantly support the war in Ukraine or other related activities of the Russian government or the Lukashenko regime that violate international law.
Suspension of the issuance of residence permits under investor residency programmes to all Russian and Belarusian nationals.
Source: KYPE
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