Syrian Arab Republic: Circular No. 2 of 1982 - Legal Provisions Applicable to the Entry and Residence of Syrian and Non Syrian and Non Syrian Arabs and Aliens

A number of civil courts and several public prosecution officials have posed questions regarding illegal residence by Arab nationals and the relevant legal provisions applicable in such cases. While some courts pass verdicts of non-responsibility pursuant to Article 1 of Legislative Decree No. 29 of 1970, others impose fines in accordance with paragraph 1 of Article 13 of Act No. 42 of 1975.

Legislative Decree No. 29 of 1970 regulates the entry, exit, and residence of aliens. Act 42 of 1975 regulate the exit and entry of Syrian Arab nationals. This Act concerns Syrian Arab citizens alone.

Non-Syrian Arabs, though considered non-alien pursuant to Article 1 of Legislative Decree No.29 of 1970, are governed, pursuant to Article 39 of this same Legislative Decree, by regulations to be issued by the Minister of the Interior on the entry, exit, residence, and movement of nationals of other Arab countries. Article 40 of this Decree provides for the publication of decisions for the implementation of its provisions. Article 38 keeps in force all decisions passed pursuant to Act 89 where they do not conflict with the provisions of this Decree.

Conclusion:

1. Act No.42 of 1975 is applicable to nationals of the Syrian Arab Republic and it covers also Palestinian refugees registered in the Syrian Arab Republic (Article 14).

2. The entry, exit, residence, and movement of Arab nationals are governed by Article 39 and 40 of Legislative Decree No.29 of 1970.

3. Aliens are governed by the provisions of Legislative Decree No. 29.


For information and strict adherence to content.

Damascus, 19 january 1982

The Minister of Justice

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