St Kitts and Nevis CBI discussed in Dubai

Yesterday, Dubai became the setting of a prestigious citizenship by investment (CBI) meet and greet for Middle Eastern agents and economic citizens of St Kitts and Nevis. Prominent St Kitts and Nevis officials were in attendance, including the Hon. Minister of Foreign Affairs and Premier of Nevis Mark Brantley, Attorney-General Vincent Byron Jr, and CEO of St Kitts and Nevis’ Citizenship by Investment Unit (CIU) Les Khan.

Minister Brantley delivered a powerful speech on the growing role of St Kitts and Nevis on the international stage and on the strength of its CBI Programme, inspiring agents and citizens alike. There was, however, a more muted reaction to some of the comments made by Mr Khan.

Speaking with ease before an attentive audience, Minister Brantley celebrated St Kitts and Nevis’ many successes in expanding its international network for the benefit of citizens, remarking on his Ministry’s extensive efforts. Since 2015, diplomatic relations have been established with 30 new countries, and 19 additional nations now offer ordinary passport holders visa-free or visa-on-arrival entry. With some excitement, Minister Brantley announced his expectation that, by the first half of 2019, St Kitts and Nevis will be able to showcase the Caribbean’s most powerful passport.

Minister Brantley took the opportunity to remind Middle Eastern attendees of the Government’s intent to open an Embassy in Abu Dhabi later this year. This, he said, will enhance services for Middle Eastern and GCC citizens and strengthen relationships with agents – and stands as an example of one of the many ways in which the Federation supports its citizens.

Minister Brantley also addressed head on the matter of agents offering unauthorised discounts under the Programme’s real estate investment option. Assuaging concerns around the Programme’s security, he explained that these acts represent less than 0.01% of the country’s annual business, and made clear the Government’s zero tolerance policy. He specified that not only has a full police investigation been opened, but that those responsible will be brought to justice.

One attendee said he had come to the event because of Minister Brantley, whose reputation for integrity precedes him. “He inspires faith in the Programme, and reinforced my belief that St Kitts and Nevis is the platinum standard of the CBI industry.” However, the attendee was unable to say the same of Mr Khan. “I was especially worried by Mr Khan saying that ‘nobody can cancel your citizenship.’ What does this mean? Is the implication that someone who commits fraud might nevertheless retain economic citizenship?”

Nigel Faron, former civil servant of St Kitts and Nevis, says the law is clear on the matter: economic citizenship can be revoked in specific circumstances, including when someone carries out certain illicit activities or when a person is later found out to have obtained citizenship by fraud, false representation, or concealment.

Mr Faron is referring to the Saint Christopher and Nevis Citizenship by Investment Regulations, 2011 and the Saint Christopher and Nevis Citizenship (Amendment) Act, 2002.  Saint Christopher and Nevis Citizenship by Investment Regulations, 2011, Regulation 4: “If an applicant […] is subsequently found to have provided false or incorrect information, the applicant may be deprived of Citizenship of St Kitts and Nevis pursuant to Part III, Section 8(a) of the [Saint Christopher and Nevis Citizenship] Act.”  Saint Christopher and Nevis Citizenship by Investment Regulations, 2011, Regulation 5: allowing deprivation when an applicant divests himself of the real estate investment by which he obtained citizenship before the time prescribed by law (five or seven years).  Saint Christopher and Nevis Citizenship (Amendment) Act, 2002, Section 3: allowing deprivation if a citizen obtained citizenship “by false representation, fraud or wilful concealment of material facts.”

“Mr Khan’s statements are misleading, and I struggle to find a reason why he would choose not to highlight to agents, developers, citizens – and indeed the entire world – that those who do not act in accordance to the letter of the law here in St Kitts and Nevis may well lose the right to call themselves our citizens,” says Mr Faron. “In the case at hand, it seems to me that a person who obtained citizenship by deliberately lying about making the US$200,000 or US$400,000 real estate purchase did so by fraud – or at the very least provided false information. That person is therefore liable to losing his citizenship. It seems that either Mr Khan is ignorant of the very rules that define his Programme, or that he is seeking to encourage illegal activity by downplaying the legal consequences of certain actions.”

Several agents echoed Mr Faron’s views, voicing doubt in Mr Khan’s capability as CEO.

In December 2018 the leader of the opposition, the Honourable Dr Denzil Douglas, said that, if voted into office, he intended to review economic citizenships awarded by way of real estate investments, and to revoke the citizenships of those who had obtained them by paying less than the legal requirement.

“By all accounts of yesterday’s event,” says Mr Faron, “Minister Brantley’s address was a triumph. It is a shame that the event should be tarnished by Mr Khan’s failure to provide correct guidance on the rights of those who obtain economic citizenship.”