The United States is not a supporter of the Citizenship by Investment (CBI) programmes that presently exist in five of the East Caribbean states, and in the Republic of Malta, and it is about to show its displeasure in a very direct, and some might say extremely effective, way. Pending in the US House of Representatives is a bill entitled the No Travel for Traffickers Act, HR 6911, which, when adopted, will remove from the American Visa Waiver Programme any jurisdiction that maintains a CBI scheme. The United States does not want individuals who come from high-risk countries to game the system, and evade the visa application process at the US embassy in their home country, by buying a CBI passport in a visa waiver jurisdiction, and entering the US, possibly to commit criminal acts, or civil torts, or to endanger national security. We have seen enough Russian, Iranian, Syrian and North Koreans with CBI passports, all posing serious criminal and national security threats; this must stop.
if you look at the list of the 40 countries that the U.S. has admitted to its Visa Waiver Programme, you cannot help but notice that Malta is the only nation at this time that also has CBI products for sale. No Caribbean jurisdiction is listed. Malta being the last EU nation to maintain a CBI programme is the obvious target; considering its rampant, uncontrolled financial crime, and the reluctance, thus far, of the U.S. to indict Maltese Mafia leaders, corrupt government officials, and professional money launderers, perhaps this Congress action will, once and for all, spell the death knell for Malta's CBI passport sales scheme, in our humble opinion.
After HR 6911 is passed, and a 60 day grace period expires, all Maltese citizens will be required to apply for US visas, schedule a personal interview, and be subject to American Department of State scrutiny for approval, which is at the sole discretion of State. The bill, which has six cosponsors from both parties, may not become law before next year, but we understand that the US law enforcement and intelligence communities are firmly behind it. Perhaps Malta's Prime Minister, Robert Abela, might want to pay attention, as this is an indication that the Labour Party's support of the CBI programme may have unintended consequences for the country's voters.
117th CONGRESS 2d Session |
To amend the Immigration and Nationality Act to prohibit the participation in the Visa Waiver Program of certain countries that provide citizenship for investment programs, and for other purposes.
Mr. Owens (for himself, Mr. Cohen, and Mr. Malinowski) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Foreign Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To amend the Immigration and Nationality Act to prohibit the participation in the Visa Waiver Program of certain countries that provide citizenship for investment programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “No Travel for Traffickers Act of 2022”.
SEC. 2. LIMITATION ON PARTICIPATION IN THE VISA WAIVER PROGRAM.
Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) is amended—
(1) in subsection (c)(2), by adding at the end the following:
“(H) NOT A DISQUALIFIED COUNTRY.—The country is not a country disqualified from designation under subsection (j).”; and
(2) by adding at the end the following:
“(j) Disqualified Countries.—A country shall be ineligible for designation under subsection (c) as a program country if the country has in effect any program permitting an individual who is not a national of that country to be provided with citizenship, on condition that the individual make an investment in that country.”.
SEC. 3. LIST OF FOREIGN STATES WITH CITIZENSHIP BY INVESTMENT PROGRAMS.
No later than 60 days after the enactment of this Act, the Secretary of Homeland Security shall provide to the appropriate congressional committees an unclassified list of countries ineligible for designation as program countries under section 217(j) of the Immigration and Nationality Act.
SEC. 4. COOPERATION WITH EUROPEAN UNION AND UNITED KINGDOM.
The Secretary of Homeland Security shall engage with partners in the European Union, the United Kingdom, and other relevant partners to eliminate Schengen area visa-free travel access for foreign states that are ineligible for designation as program countries under section 217(j) of the Immigration and Nationality Act.
SEC. 5. RESTRICTION ON USE OF FUNDS FOR FOREIGN VETTING.
No amounts made available in appropriations Acts may be used for the purpose of vetting applicants for a program described in section 217(j) of the Immigration and Nationality Act on behalf of, or at the request of, a foreign state, or to otherwise assist a foreign state with the operation of such a program.
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