Primary residences protection scheme falls flat

Cyprus primary residences protection scheme falls flatA GOVERNMENT-BACKED scheme designed to protect primary residences has fallen flat, MPs heard on Monday.

The scheme, rolled out in the summer of 2016, provides for subsidising mortgage payments for people who have been affected by unemployment or a drop in income. It was to be implemented by the Cyprus Land Development Corporation (Koag).

The scheme concerns housing loans, for which the primary (permanent) residence has been put up as collateral with a lender operating under licence from the Central Bank of Cyprus.

It covers residences of a market value of €250,000 or less (plus VAT), and the outstanding loan amount cannot exceed €300,000.

Beneficiaries may have up to 60 per cent of their monthly mortgage instalment subsidised for up to three consecutive years; the subsidy covers both payments on the interest and the principal.

There is a cap of €10,000 per year, per debtor.

But in parliament, Koag chairman Andreas Frangos said only a couple of applications have been submitted to date, and even these were deemed to be ineligible.

A precondition for eligibility is that applicants must have exhausted the debt restructuring procedures under the Central Bank’s Directive on Arrears Management of 2015, as well as the mediation procedures under the financial ombudsman. Finally, applicants must have beforehand taken recourse with an insolvency practitioner, who will give the green light for a person to be eligible to apply for the Koag scheme.

However, the very few applications submitted cannot proceed because the financial ombudsman is not proceeding with the appointment of mediators, MPs were told.

AKEL MP Aristos Damianou criticised the government for bringing a scheme that turned out to be ineffectual.

“It is yet another pledge with no practical benefit to all these people who are struggling,” he said.

When the scheme was first envisaged, officials estimated it would benefit some 200 households.

Cyprus faces “sizeable downside risks”

Cyprus faces "sizeable downside risks" says International Monetary Fund (IMF)THE INTERNATIONAL Monetary Fund (IMF) urged Cyprus Friday to get rid of “important legacies from its earlier boom bust cycle”, despite an “impressive turnaround” of the economy following the 2013 bailout and the banking crisis.

“The Cypriot economy has achieved an impressive turnaround since the 2012-13 banking crisis…and GDP growth has accelerated for three consecutive years,” the IMF said in a report following a survey by its mission in Cyprus, Xinhua reported.

It also said that the fiscal balance has swung from a large deficit to a small surplus, emergency bank liquidity has been fully repaid, bank deposits are rising, and property prices have begun to edge up following a large drop in values.

The IMF praised the Cypriot government for its “prudent macroeconomic and financial policies and progress on structural reforms that enabled the sovereign to access capital markets on increasingly favourable terms.”

The current Cypriot government, ending its five-year term next February, led the economy out of its tatters after it was salvaged by a 10-billion-euro Eurogroup and IMF economic assistance program when it assumed office in March, 2013.

But despite its praise for a robust GDP growth, the IMF said “sizeable downside risks” still exist, citing an extremely high private sector debt and a high proportion of nonperforming loans which it said were among the highest in the world.

The IMF estimated that “the current dynamic growth momentum is expected to persist for the next few years, before gradually easing” thanks to mainly foreign-financed construction projects and growing private consumption.

The IMF noted that various investment incentives, including the citizenship-by-investment scheme, which provided welcome support to construction in the aftermath of the crisis, and construction of luxury residential and tourist properties have achieved their goal and could turn “procyclical” — meaning they could lead to an over-expansion of the property sector.

It advised Cyprus to further decouple the scheme’s eligibility requirements from real estate so as to avoid an excessive concentration of economic activity in construction.

Cyprus court upholds trapped buyers law

A LIMASSOL district court ruling has upheld a 2015 law allowing trapped buyers to obtain the title deeds to the property they purchased irrespective of the developers’ own commitments to banks, local press reports said on Wednesday.

The court ruling was in response to an injunction requested by Alpha Bank against a Limassol flat-buyer who made use of the 2015 law to apply for his title deed even though the developer who built it had not been servicing his mortgage.

In accordance with the law, the Land Registry decided to issue the property purchaser’s title deed, which the bank challenged in court.

The law, the court found, is compliant with the constitution, dismissing the bank’s appeal.

The ruling has overturned previous district court decisions vindicating the banks and blocking the issuance of title deeds to purchasers.

The 2015 law was passed in a belated attempt to clear up the title deed mess. This had left thousands of property buyers, who had paid in full for their properties, without title deeds because of second, unserviced mortgages taken out by the developers, with the properties sold as collateral. According to the Land Registry, there are currently about 70,000 of these trapped buyers.

The 2015 law, the Limassol court ruled, does not infringe on the contract agreed between the bank and the developer, or the constitutionally guaranteed right to freedom of contract, because of the principle of self-sufficiency of contracts.

The bank’s argument, according to the ruling, that the buyer had been aware of the existence of the second mortgage, would equal a kind of punishment for the buyer. The buyer, the court said, would be meeting his contractual obligations but having a third party – the bank – objecting to the issuance of title deeds, effectively claiming and receiving possession of the property, would be paradoxical and irrational.

It added that, even if such a clause were not included in the law, the buyer has the right to separate title deeds for his property, provided it has been paid for, which the bank has no right to infringe on.

The law, the court said, does not violate the principle of equality, because it corrects distortions and removes obstacles set by third parties to the issuance of title deeds to buyers who have paid the price of the property in full.

It is understood that the bank will appeal the decision, with the matter ending up in the Supreme Court’s lap for a final ruling.

Reportedly, this is likely to take up to three years.

Planning & building permit overhaul

THE ENDLESS bureaucracy that requires the public and property developers to chase around various departments to secure necessary planning and building permits may soon come to an end if the recommendations of Austrian experts are adopted.

As we reported last November the Interior Ministry began the task of reforming the planning system.

The Ministry has been working with experts from the Austrian Finance Ministry to develop proposals and recommendations based on best international practices to rationalise Planning and Building Permits, Certificates of Approval, the enforcement of building control, the issuance of Title Deeds; they also looked at the oversight of projects.

The Phileleftheros has reported that one of the proposals put forward is the creation of a single ‘service centre’ (one-stop-shop) that will issue a single permit.

According to a source “The proposed central authority will be issuing ‘two in one’ permits in a bid to get rid of unnecessary red tape and minimise the number of  departments dealing with permits.”

Currently checks by the relevant departments are largely absent and it is expected that these will help reduce the overall cost of correction of ‘errors’ from an estimated 10%-15% of total construction costs to 3%-5% as in other countries where tighter building controls are applied.

The ultimate goal of the Ministry of Interior is to create modern legal framework for development licensing, significant strengthening of building control and reducing delays.

Cyprus denies ‘selling’ EU citizenship to rich

REPORTS on Cyprus’ citizen investment scheme are exaggerated, Finance Minister Harris Georgiades said on Monday in response to an article in the Guardian newspaper which slammed the Cypriot government for granting citizenship to billionaire Russian oligarchs and members of the Ukrainian elite.

A former member of Russia’s parliament and the founders of Ukraine’s largest commercial bank were among the names on a list of super-rich who have been granted Cypriot citizenship, according to the Guardian. It referred to the scheme, introduced in 2013 by the government to attract foreign investment, as “golden visas”.

“Several exaggerations are being heard concerning Cyprus’ scheme for the naturalisation of investors,” Georgiades said.

“The scheme is very small both at Cypriot and European levels, as investor naturalisations (in Cyprus), do not exceed 0.3per cent of the overall naturalisations at European level,” he added.

The minister also said that this is an investment scheme that is at the absolute discretion of the cabinet of the country concerning investors who have forged real ties with the country, have permanent residence, and made actual investments.

He added that to receive a Cypriot passport people undergo a series of checks as they must have a clean criminal record, and explain where the money they aim to invest came from.

The minister also dismissed claims that Cypriot passports are for sale.

“The Cypriot state does not receive a single euro; it is an investment scheme, Cyprus is an open economy and an attractive investment destination and in cases of genuine, reliable investments, it can, under conditions, offer the Cypriot passport,” Georgiades said.

Cyprus has raised more than €4 billion since 2013 by providing citizenship to those who pay €2 million for a property or invest €2.4m in a company, granting them the right to live and work throughout Europe in exchange for the cash investment. More than 400 passports are understood to have been issued through this scheme last year alone, the paper said.

Spokesman for the European Commission Margaritis Schinas said on Monday that conditions for obtaining  citizenship are set by national law but are subject to due respect of EU law.

As regards Cyprus, Schinas said that since 2014 the Commission has been pursuing a dialogue with the Cypriot authorities to ensure that this genuine link between the country and the investors applying for naturalisation is established.

“In the context of this dialogue, the Cypriot authorities revised their law at the end of 2016. The Commission however remains in dialogue with Cyprus for the re-application of the revised law”.

The scheme was introduced to raise funds in the wake of the crippling March 2013 bailout crisis.

A leaked list of the names of hundreds of those who have benefited from these schemes, which the Guardian says it has seen, includes prominent businesspeople and individuals with considerable political influence.

European politicians have been watching the growth of this type of visa throughout Europe with some saying the schemes undermine the concept of citizenship. According to the Guardian, Portuguese MEP Ana Gomes has described “golden visas” as “absolutely immoral and perverse”.

According to the Guardian she added that she had attempted several times to obtain the names of golden visa buyers in Portugal, but without success. “Why the secrecy? The secrecy makes it very, very suspicious.”

Later this year the European parliament will debate an amendment tabled by Gomes requiring countries to carry out thorough security checks on “golden visa” applicants. The European Commission recently ordered its own inquiry into whether checks were being properly conducted.

However, the Guardian only names two people who acquired Cyprus citizenship, and both of those were from before the 2013 programme was introduced. They are Rami Makhlouf, cousin of the Syrian president and Russian billionaire Dmitry Rybolovlev.

Makhlouf was first placed under US sanctions in 2008 over allegations that he had benefited from corruption. He was issued Cyprus citizenship in 2010. Makhlouf was subsequently sanctioned by the EU in 2011 and had his Cypriot citizenship revoked after the outbreak of the Syrian civil war.

Billionaire art collector Dmitry Rybolovlev found himself at the centre of international attention last year after it emerged that his private jet crossed paths with that of Donald Trump during his presidential campaign. Rybolovlev denied meeting Trump and said the flight paths were a coincidence.

A spokesman for Rybolovlev, who acquired Cypriot citizenship in 2012 and is worth an estimated $7.4bn according to Forbes, told the Guardian it was “natural [for him] to get citizenship upon becoming an investor in Bank of Cyprus”.

The finance ministry has said in the past the programme was intended for “genuine investors, who establish a business base and acquire a permanent residence in Cyprus”.

Officials have said that the figures show there is little to warrant concerns voiced by some European politicians that citizenship applicants view the scheme as a fast-ticket to settle in other EU countries. Fewer than 2,000 people have acquired a Cyprus passport through investment since 2013. Of these, just two later moved on to another EU country.

The government has also insisted that there is rigorous vetting of applicants with the assistance of domestic and international agencies to ensure none could pose a risk to the island’s or Europe’s security, while any with criminal records are automatically rejected.

Officials have also pointed out that the level of investment required to acquire citizenship is far higher than other European countries offering similar schemes. In Malta, €350,000 must be spent on a residence, and it need only be held for five years. In Cyprus, at least €500,000 of an applicant’s overall investment must be spent on a permanent residence.

Further reading

Cyprus ‘selling’ EU citizenship to super rich of Russia and Ukraine (The Guardian)

Paphos Land Registry abuse of power

Paphos Land Registry office
Paphos Land Registry office

ATTORNEY General Costas Clerides is looking into claims of abuse of authority at the Paphos Land Registry Office following a complaint by a business owner in the city.

According to the man’s statement, the complaint dates back to 2002 during which he claims that certain officials at the department – which operates under the wing of the Interior Ministry – had been purposefully dragging their feet over the survey of a plot of land in Pegeia.

An official had reportedly found an error in the survey and continuously postponed the issuing of permits pending new investigations. The case had only been looked into in 2011 during which the company officials had been called in.

It later transpired, according to the police complaint on September 14, that there had been a note in the case file (dated July 5, 2016) during which it read that there were no issues with the survey protocol.

The complaint also claims that the same protocol had been approved 14 years before but nobody at the company in question had been contacted.

The complaint has been filed against the director of the Paphos Land Registry and another official and has told police that he is ready to produce more evidence if he is called upon to do so.

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