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by Anjalika Silva
(July 11, Washington DC, Sri Lanka Guardian) It was not long ago that the Government went all out to woo the expatriate populations overseas to invest in Sri Lanka in Tiera D accounts tied to a reward of dual citizenship on different terms. It used to be that dual citizenship could be bought with one payment equivalent to US $2000 at the discretion of the President and that was the main criteria considered. There was no reference to a reason for seeking dual citizenship or whether this payment was made with legitimate earnings made by an overseas resident who had taken the nationality of another country. Anyone willing to cough out $2000 US became a dual citizen for any selfish personal gain or with other plans that went unchecked.
Flaws in the former system of granting dual citizenship
The writer objected to this system in previous writings due to the fact that the country did not benefit in any way by the funds or the quality of some people who became dual citizens. Many hurled strong criticism based on the narrow thinking that the payment alone was grudged. The reference to the lack of a purposeful result and the blatant one sided benefit to individuals in the exercise were conveniently overlooked in the reasons for criticism. Some who sought dual citizenship did nothing to support Sri Lanka through hard times and viewed the one-time payment as a convenient and easy way for personal agendas.
Dual Citizenship and property purchase
One of the most important of such self-serving needs fulfilled by dual citizenship was to purchase property and pay lower taxes. Some went further and purchased properties for rental and investment purposes making huge profits. Some even gained rental payments in foreign exchange while the country lost out. It basically served as a loophole to avoid taxes and pick up foreign remittances of rentals as there was no system of checks and balances. The country remained the “orphan” who was exploited in every way possible. This gaping loophole in the entire exercise took a long time to get noticed. It took too long for “the penny to drop” in the lap of the government but when it did, all those who got through the net benefitted while many deserving cases lost out due to the moratorium.
Factors to consider in granting dual citizenship
Underlying my thought is that those who serve the country voluntarily as patriotic Sri Lankans while being overseas should be the true beneficiaries of dual citizenship. I had hoped for the day the government would take a more serious view of this exercise of granting dual citizenship in a way that served some use for the country over individuals. Many who did not gain from their passion to help the country and also did not receive dual citizenship continued to serve in their volunteer capacities and shared in the sentiment that the dual citizenship process served those who found the easy way out with no interest in service to the country. In the days gone by they paid $2000 readily because some of them did not contribute in any other way toward the country in service or kind. There were instances when requests for help to the country were brushed aside as being the responsibility of the government by some who turned away when approached for charitable projects in Sri Lanka. The stock excuse was corruption and some who chose that path had benefitted with free university education, but chose not to give back. There are ample opportunities that are well documented and bona fide projects to support with evident and tangible returns. Not all projects are corrupt if one seeks out the genuine and has a desire to help the country.
It appeared that the present government took a different approach to the Chandrika Kumaranatunge regime and modified the system. However the appearance of the document and the criteria considered remained the same. The dual citizenship “purchased” for $2000 US turned out to be a very tacky piece of paper which was not even presentable. However, even to this day, the entire process of granting dual citizenship appears one that has not been thought through as a critical exercise that required much planning with a vision for the future. The loosely bound criteria can be dangerous to the country too. The application asks for generations of names and information about dead people in the family. This is of course important to determine genealogy. At the same time the depth of the past should not exceed that which is required for authenticating the applicant. There must be required criteria introduced to this exercise framed around the value of the eligible individual with the future needs of the country or with some value added in service to the country globally. The questions on the application in addition to personal information should be targeted more to the individual receiving the dual citizenship.
Dual citizenship should not be treated as a tool for making short term monetary gains for undefined purposes. Some who received dual citizenship have no desire to contribute to the country even if they are from the generations that gained free college education as the foundation to their success in jobs overseas. Dual citizenship is far more serious than filing an application and paying a fee. It must be granted on more binding terms given to only those who wish to return the favour to the country by service. It is not necessary to be physically present in Sri Lanka to be able to serve some of its needs. We need to remind expatriates who have dissociated themselves from Sri Lanka but hold dual citizenship that great statesmen like John F. Kennedy said, “Ask not what the country can do for you, and ask what you can do for the country.” Americans are fiercely patriotic and that is something we need to learn from them. In this regard the dual citizenship application system should be modified by taking into account some of the criteria used by other countries. Taking Sri Lanka’s case, the government should consider asking for the following criteria with special exceptions included in those that require other considerations.
- Circumstances under which the individual(s) left the country. This is very important considering the blurred boundaries between economic migration and political or ethnic reasons for refugees and asylum seekers. Especially those who have resorted to the use of human smugglers and falsified evidence. These categories are far shorter processes than legal migration in most western countries and are granted to those who wish to abandon their countries of origin. If so, seeking dual citizenship nullifies their intent to enter countries and short circuit the immigration systems. On the other hand, legal immigrants who have left for bona fide reasons should not be considered as abandoning their country of origin.
- It must be noted that as one of the countries that permits immigration, the USA requires an independent police report on an individual from all countries of residence in their lifetime. As Sri Lankans, we were subject to this scrutiny for immigration so why not the same in reverse? If so, Sri Lanka can weed out all those who have criminal citations even in their host countries. There are plenty of those who have criminal records in countries like the UK, Canada and USA who may be holding dual citizenship granted without proper scrutiny.
- If dual citizenship entitles expats to purchase property, it must be noted that in making such a purchase a mechanism to monitor expatriate purchases within the framework of the law should be in place. Whether it is inherited wealth from within the country or earnings from overseas, verification must be required in terms of existing wealth in Sri Lanka and that earned from overseas. It is very easy to verify income overseas with tax documents or proof of sustained investments that provide proof of earnings. It must also be established whether the dual citizen is using legitimate funds earned in a job overseas. Companies provide income verification letters for a multitude of purposes for employees. It is not rocket science to be able to produce this proof.
- If such property purchases are made by expats, some kind of checks and balances of proof of earnings abroad should be enforced to prevent money laundering and the dubious property purchases by refugees who have either lived on the dole or not earned sufficient foreign exchange to purchase expensive properties in Sri Lanka.
- Above all, to qualify for dual citizenship there should be a points system for those who have served the country in any way possible through charitable projects to benefits libraries, hospitals, volunteering services to counter adverse propaganda, enlightening groups about Sri Lanka through lectures and presentations, holding office in organizations that provide the opportunity to showcase Sri Lanka, contributions to cultural activities and cultural exchange activities etc., to name a few aspects through which expats can add value to themselves and their country of origin to deserve dual citizenship. This service counted should not be just for big names who claim fame for paid work done. This should be strictly accounted for as unpaid voluntary service to the country of origin.
- It must also be established whether the expats applying for dual citizenship have proof of payment of taxes on earnings in the form of tax certificates or tax filings to prove bona fide earnings overseas. This tied to level of employment should be developed into a formula that can be applied to qualifying for property purchases for dual citizens. This again can be learned from systems overseas, where property purchase is based on affordability and income formulated accordingly. If cash purchases of property take place, they must require scrutiny to determine sources.
- If the argument arises that foreigners (Non Sri Lankans) can purchase properties, it must be noted that they are doing so under a different category and are bound by a different set of rules that do not apply to Sri Lankans with dual citizenship rights whose original citizenship was from Sri Lanka.
- Those who have claimed refugee or asylum status and defected from the country should not be readmitted as dual citizens under any circumstances. Once Sri Lankan citizenship has been has been renounced for the above reasons and or any criminal activities in the adopted country can be proven, such applicants must be rejected and such rejections upheld without appeal.
- On par with the Homeland Security Act of the USA, there should be guidelines to protect the safety of the country from regressing into a pre-2009 status of terrorism or support for terrorism by readmitting people with dubious motives and past records.
- Any participation in or being part of a terrorist organization directly or indirectly associated with activities or as a donor violates global anti-terrorism laws. This kind of investigation should be conducted and applied to the fullest measure as a deterrent to unlawful gains from dual citizenship. This will be difficult to prove as it will be almost impossible to trace the path of some donations to terror coffers. However, it must be on the books as a part of the requirement. On the lines of the Patriot Act in the USA, Sri Lanka should take a firm stand against Sri Lankan diaspora that supports any activities that threaten the sovereignty of a democratically elected government.
- Some thought should be given to dual citizenship privileges to generations of Sri Lankans by descent born overseas to parents who are first generation immigrants. In the US Immigration system, if any one parent is a US citizen either by birth or by naturalization, the children qualify for dual citizenship (US Passport) provided the US citizen parent can prove residence in the USA for a given number of years. The same can be applied to Sri Lanka with the criteria and stipulation of a number of years determined as needed. In this way, Sri Lanka will not lose future generations of Sri Lankans by descent who care enough about their heritage. Similarly, Sri Lanka can stand to gain by the global insights that these future generations can bring back to their heritage. This must be addressed early on so that a regular supply of quality dual citizens will be readily available as a resource when needed by Sri Lanka.
Conclusion
Let’s hope the government will take a more serious view of the exercise of granting dual citizenship and examine thoroughly in detail the currently apparent and the possible loopholes for the future to prevent exploitation by those who continue to benefit from Sri Lanka and participate in smear campaigns for their benefit. What matters ultimately are the people who truly value Sri Lanka.
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