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Law on Foreigners Residence No. 118 (1978)

Date of entry into force: 15 November 1978

Chapter ONE - DEFINITION

Article 1

The following expressions shall have the meanings shown thereagainst:

(1)Minister: The Minister of Interior;

(2)Director-General: The Director General of Nationality;

(3)Director: The Director of Residence;

(4)Residence Officer: Who is authorized by the chief of the Directorate General of Intelligence with the power of Residence Officer for the purposes of execution the provisions of this Law.

(Note: As amended by Law No. (208) of 1980.)

(5)The Emigrant's Certificate - The document which is granted by the Directorate of Residence to the emigrant for the purpose of his enjoyment with the rights stipulated in this Law.

(Note: As amended by Law No. (208) of 1980.)

(6)Foreigner: any person not holding Iraqi nationality;

(7)Entry visa: the approval of entering the territory of the Republic of Iraq by a foreigner marked on his passport by the Iraqi Consul or by the person acting on his behalf or anybody looking after Iraqi interests abroad or whoever authorized by the Minister;

(8)Residence document: the document issued by the competent Iraqi authority containing permission for the foreigner to reside in Iraq;

(9)Exit visa: the approval of the competent authority for the departure of a foreigner from the territory of the Republic of Iraq which shall be marked in his passport;

(10)Deportation: the order of the competent authority to a foreigner residing legally in the Republic of Iraq to depart therefrom.

(11)Expulsion: to send back the foreigner who entered illegally the territory of the Republic of Iraq to outside of the frontiers by decision of the competent authority.

Chapter TWO - THE ARAB CITIZENS AND THE EMIGRANTS

Article 2 [As amended by Law No. (208) of 1980]

(1)Arab citizens shall be excluded from the provisions of this Law with observance of the provisions of para (a) of Article 8 thereof.

(2)There shall be considered as an emigrant citizen of whoever will be affiliated to the Arab Nation and does not carry a nationality of any Arab State, and the chief of the Directorate General of Intelligence may grant him a certificate in this nature pursuant to an application to be submitted to the Directorate of Residence.

(3)The Chief of Directorate General of Intelligence may withdraw the emigrant Certificate, if he practised an activity which is threatening the Native or the National Security.

(4)Holders of the emigrant citizen certificate shall be enjoyed with the following rights:

A.To enter the Iraqi Republic without entry visa.

B.To reside in the Iraqi Republic without necessary of taking a permission from Directorate of Residence.

C.Any other rights to be granted by the chief of the Directorate General of Intelligence in the limits of the Laws in force.

(5)Special registers shall be prepared in the representatives of the Iraqi Republic abroad, for registering the holders of the emigrant citizen certificate.

Chapter THREE - ENTRY AND DEPARTURE OF FOREIGNERS AND VISAS GRANTED THERETO

Article 3

A foreigner may not enter the territory of the Republic of Iraq or depart it except if the following conditions are fulfilled:

(1)That he is holding a valid passport issued by the competent authority in his country or any other recognized authority or holding a document issued by a competent authority which replaces the passport, authorizing him with the return to the country in which the document has been issued.

(2)That he has obtained an entry visa marked on his passport or on his travel document.

(3)That he shall follow the routes prescribed in the passport Law when he is entering Iraq or departing it.

(4)That he shall fill in and sign a form of arrival reporting which its form shall be determined by the Minister.

Article 4

Entry visa for entering Iraq shall be as follows:

(1)An ordinary visa which entitles its bearer to enter Iraq only once within three months from the date of its granting and to reside therein for a period not exceeding three months.

(2)A transit visa, entitling the bearer to enter Iraq only once within three months from the date of its granting and to reside therein for a period not exceeding seven days.

(3)A transit visa without stop, entitling its bearer to pass through the Iraqi territory under the supervision of the competent authorities only once, without stop, within three months from the date of its granting.

(4)A diplomatic visa, which shall be granted pursuant to instructions issued by the Minister of Foreign Affairs in accordance with the principle of reciprocity.

(5)A service visa, which shall be granted to persons who are bearing service passports pursuant to instructions issued by the Minister of Foreign Affairs after taking the opinion of the Ministry of Interior, in accordance with the principle of reciprocity.

(6)A visit or tourist visa, which shall entitle its bearer to enter Iraq one time within three months from the date of its granting and to reside therein for a period of one month.

(7)An emergency visa, which shall be granted by the Residence Officer to the foreigner who reaches Iraq with the intention of entering thereto and has not obtained an entry visa already, if he is convinced with the reasons that prevented him from obtaining the said visa provided that he must report to the director forthwith thereabout.

Article 5

An applicant for a visa must fulfil the following conditions:

(1)he must submit to the Iraqi Mission abroad what supports his financial ability for living during the period of his stay in the Republic of Iraq.

(2)there is no objection concerning his entry to the territory of the Republic of Iraq for any reason pertaining to public health, security, public morals or national economy.

(3)Entry to the territory of the Republic of Iraq for an offence for which he may be extradited.

(4)That no order of his deportation from the Republic of Iraq has been issued.

Article 6

A foreigner applying for a visa must submit to the competent authority the following statements:

(1)the purpose of his entry to the territory of the Republic of Iraq.

(2)the source of income in case of exhaustion of his money.

(3)his address of residence in the Republic of Iraq.

(4)two copies of his photograph.

(5)any other information determined by the Minister.

Article 7

Persons responsible for a ship, plane or car must submit, at the time of their arrival to the Iraqi territory to the competent officer, a list of the names of the employees on their ship, place or car and the passengers therein with statements concerning them and they must inform of the names of passengers not bearing passports or who are suspected that their passports are not valid, and these passengers shall be forbidden from leaving the ship or plane or to go on board.

Article 8

(1)An Arab citizen and foreigner who have work contracts or other obligations may not depart except after their obtaining the exit visa from the competent authority which must be ascertained that they are free from obligations in accordance with a document issued by the authority. The Minister may issue instructions to define the conditions of granting this visa, the competent authority which grants it and the fees to be received for it with observation of principle of reciprocity.

(2)The Minister or whom he authorizes, when there are special reasons, may suspend any foreigner from travelling for the period required by these reasons.

Article 9

The Director general may decide to prevent any foreigner from entering Iraq for reasons of security or public interest, and this decision is subject to amendment or cancellation by the Minister.

Chapter FOUR - FOREIGNERS RESIDENCE

Article 10

(1)A foreigner must fill in and sign the form prescribed by the Minister and submit the same to the residence Officer within fifteen days from the date of his entry, and the Director or the Residence Officer may exempt the foreigner from attendance personally for reasons regarding international courtesy or for reasonable excuse and, in this case, a deputy may apply instead for the submission of the said form.The foreigner who is residing in the territory of the Republic of Iraq and the one who bears a visit or tourist visa shall be excluded from this procedure.

(2)Hotels and inns keepers or keepers of any other place in which a foreigner is residing against rent must fill in and sign the form prescribed by the Minister and submit it to the Residence Officer each day and they must report the departure of a foreigner.Every person who gives housing or shelter to a foreigner in places other than those mentioned above must report the stay and departure of the foreigner to the Resident Officer within twenty-four hours.

(3)A foreigner must report to the Residence Officer when he changes the place of his residence and if he moves to another district or town he must submit, within fourty-eight hours from the time of his arrival to his new place of residence, a statement to that effect to the Residence Officer.

(4)In the event there is no Residence Officer, a foreigner must report his movements to the police station of the locality.

Article 11 [As amended by Law No. (195) of 1980]

(1)Every foreigner wishing to stay in the Republic of Iraq for more than the period of time mentioned in his visa must obtain, before the expiry of that period, a residence permit from the Residence Officer for a period not exceeding one year and he may, one month before the expiration date, apply for an extension from this Residence Officer for a further year, process which may be repeated several times.

(2)The Director may refuse to grant or extend the document of residence to a foreigner in special circumstances and the foreigner, may within fifteen days from being notified of such refusal, object against such a decision of refusal to the Minister whose decision shall be final.

(3)Any person to whom residence is refused and the decision of refusal has acquired the final stage and he has not departed the territory of the Republic of Iraq, may be notified of deportation by the Director.

(4)A foreigner must deliver the Residence Certificate granted to him to Residence Officer before his departing Iraq. The Residence Officer in the centres of Governorates, each according to his jurisdictions, shall undertake to provide the foreigner who departs with what shall confirm that.

Article 12

(1)The Minister or authorized person may allow the foreigners stated below to reside in the territory of the Republic of Iraq for a period of three years each time, period which shall be renewed upon request for the same period:

(A)Foreigners who were born in the Republic of Iraq and maintained residence there.

(B)Foreigners who entered the territory of the Republic of Iraq lawfully and had their residence there for fifteen years or more.

(C)Foreigners who spent three years or more of their residence in Iraq if they were engaged in scientific, cultural or technical work or services for their country.

(D)Foreigners who spent in the Republic of Iraq a period not less than six years in accordance with an employment contract with the Government and who wish to maintain residence after the termination of the period of their contracts.

(E)For the purposes set out in paras (A) and (B) of this Article, residence shall be considered continuous if the period of stay of the foreigner outside Iraq does not exceed two months each year for reasonable reasons.

(2)The Minister or whom he authorizes may allow the foreign woman married to an Iraqi to reside in Iraq for the period prescribed in Para (1) of this Article.

Article 13

The Minister may, for military, administrative or political reasons, issue final decision or within the restrictions he thinks suitable, to prevent foreigners from passage, movement and residence in the area stated by a notification to be published in the Official Gazette and one local newspaper.

Chapter FIVE - DEPORTATION AND EXPULSION OF FOREIGNERS

Article 14

The Governors of the Governorates adjacent to the borders, and the Director General in the other Governorates may order the deporation of any foreigner entering the territory of the Republic of Iraq illegally.

Article 15

The Minister or whom he authorizes may decide to deport any foreigner who resides legally in the Republic of Iraq if it is proved that he was not fulfilling some of the conditions set out in Article 5 of this Law or that one of those conditions is missing after his entry.

Article 16

If deportation or expulsion of a foreigner is impossible or he has no nationality, the Minister may decide to define the place of his residence for a period prescribed in the decision which may be extended when required until his deportation or expulsion from the territory of the Republic of Iraq becomes possible.

Article 17

If deportation or expulsion of a foreigner is impossible and if he is considered a danger to security, the Minister may order his detention for a temporary period until his deportation or expulsion becomes possible.

Article 18

The decision of deportation of a foreigner may include members of his family whom he supports and, in this case, they must be mentioned in the decision.

Article 19

The Minister or whom he authorizes may decide to deport a foreigner against whom a final judgement has been issued by a competent court containing its recommendations for his deportation from the territory of the Republic of Iraq.

Article 20

A foreigner who has been already deported from the territory of the Republic of Iraq may not return thereto except by decision of the Minister provided that he fulfils the conditions prescribed in this Law.

Chapter SIX - DUTIES

Article 21

The amount of duties to be recovered against granting visas set forth in paras 1, 2, 3 and 4 of Article 4 of this Law shall be defined by instructions provided that the amount of duty shall not exceed ID.5, taking into consideration the principle of reciprocity. The duty of visa provided for in para. 7 of the same Article shall be recovered in double.

Article 22

(1)The amount of duties recovered for residence documents, if renewal or issuing a copy thereof when it is lost, shall be defined by instructions provided that they shall not exceed ID. 2 in every case, taking into consideration the principle of reciprocity.

(2)The period spent by a foreigner in Iraq without residence document or without its renewal in the time prescribed in the Law shall be considered as illegal residence and the duty imposed thereon in accordance with para.1 of this Article in each of the said two cases shall be recovered.

(3)Duties provided for in paras. 1 and 2 of this Article shall be recovered by financial stamps to be affixed on the residence document which shall be cancelled by the official seal and signature of the Residence Officer in the manner set forth by the Law for Stamping Duty.

Article 23

The following persons, their wives and minor children shall be exempted from the duty set out in Articles 21 and 22:

(1)Foreign students admitted to schools and higher institutes.

(2)Foreign officials serving the Iraqi Government under special contracts.

(3)Foreign journalists on the basis of principle of reciprocity.

(4)Persons exempted from duty by a decision of the Minister.

Chapter SEVEN - PENALTIES

Article 24

(1)Whoever contravenes the provisions of any of the Articles 3, 8 or 20 of this Law shall be punished by life imprisonment or by imprisonment for a term as wellas confiscating the properties being under his possession.

(Note: As amended by Law No. (2) of 1984.)

(2)Whoever contravenes one of the provisions of Articles 6 or 11 of this Law or helped the other to commit this contravention shall be punished with imprisonment for a period not exceeding three years and with a fine not exceeding ID.200 or with one of these two punishments, and whoever stating before the competent authority false reports or submitting thereto untrue papers or documents with his knowledge therewith for the purpose of entering the territory of the Republic of Iraq or residing therein or leaving thereof, shall be punished with the same penalty.

(3)Whoever contravenes the provisions of one of Articles 10, 13 or 29 of this Law shall be punished with imprisonment for a period not less than one year and not exceeding three years and with a fine not exceeding five hundred ID. and not less than one hundred ID. or with one of these penalties.

(4)Whoever contravenes the instructions and orders issued in accordance with the provisions of this Law shall be punished with imprisonment for a period of not less than one year and not exceeding three years and with a fine not exceeding five hundred ID. and not less than one hundred ID. or with one of these two penalties.

(5)If the judgement is based on the two paragraphs (1) and (2) then the court may recommend deportation or expulsion of foreigners from the territory of the Republic of Iraq.

Article 25

The Director General shall be granted with criminal powers in accordance with the Criminal Procedure Law authorizing him to arrest the foreigner for the purpose of deportation or expulsion thereof from the territory of the Republic of Iraq.

Chapter EIGHT - GENERAL PROVISIONS

Article 26

The provisions of this Law shall not apply to:

(1)Presidents of foreign states and members of their families and dependents.

(2)Heads of the diplomatic or consular missions, their officials who are accredited and non-accredited and those who are actually under their responsibility or members of their families, taking into consideration the principle of reciprocity provided that these should be supplied with special identification cards from the Ministry of Foreign Affairs.

(3)Persons responsible for the management of ships and planes arriving in Iraq during the period of stay of such planes or ships provided that the Iraqi competent authorities shall mark their travel documents in entering and leaving.

(4)Passengers on board ships or planes already allowed by the competent Iraqi authorities to land or stay temporarily in the Republic of Iraq for the duration of the stay of the ships or planes.

(5)Anyone exempted under International Conventions of which the Republic of Iraq is a party thereto.

(6)Anyone exempted by a decision of the Minister from all or part of the provisions of this Law.

(7)Minors included in the passports of their parents.

(8)Citizens of neighbouring states with whom the Republic of Iraq has entered conventions, who enter the territory of the Republic of Iraq by land to perform their ordinary work in the Republic under enforceable agreements between the Republic of Iraq and their States.

Article 27

A foreigner permitted residence shall be granted one document including his minor children who are living with him.

Article 28

If a foreigner departed the Republic of Iraq for a period exceeding six months, the rest of the term of residence granted to him shall be cancelled and then, on return, he must obtain a new residence document.

Article 29

The Residence Officer may use any kind of transportation whether it is maritime, aeroplane or land means for the purpose of execution of this Law.

Article 30

In the case of a foreigner losing his residence document he must, within three days, report such loss to the Residence Officer who shall, in case of his ascertainment, grant him a new document in substitution thereof.

Article 31

The form of residence document and the form of foreigner register shall be defined by the Minister and the competent Resident Officer shall be responsible for keeping the said register.

Topics: Foreigners law,