The former Yugoslav Republic of Macedonia: Act of 1992 on Movement and Residence of Aliens (not in force)

I. GENERAL PROVISIONS

Article 1

This Act shall govern the movement and residence of aliens in the Republic of Macedonia.

Article 2

An alien shall be considered, for the purposes of this Act, a person who is not a national of the Republic of Macedonia.

During their residence in the Republic of Macedonia, the aliens shall be liable to comply with the Constitution of the Republic of Macedonia, the laws, other regulations and decisions of the state organs, as well as in accordance with the obligations established by international treaties.

Article 3

The affairs regarding the control of movement and residence of aliens in the Republic of Macedonia shall be exercised by the Ministry of Interior, unless a jurisdiction of other organ is stipulated by law.

II. RIGHT TO ENTER IN THE REPUBLIC OF MACEDONIA AND TO ISSUE VISAS

1. RIGHT TO ENTRANCE

Article 4

An alien may enter the Republic of Macedonia at marked border crossings and to reside on the territory of the Republic of Macedonia if he/she is in possession of a valid foreign travel document or other document established by international treaty, respectively travel document issued by the Ministry of Interior or by a diplomatic-consular mission of the Republic of Macedonia abroad.

The travel document shall be duly visaed unless otherwise stipulated by an international treaty or by the provisions of this Act.

In exceptional cases, the Ministry of Interior may, during the control at the crossing of the state frontier, issue a tourist pass to an alien without valid travel document coming as a tourist or on official visit, on the basis of his/her identity card or other document, valid in the home country of the alien proving his/her identity.

The Government of the Republic of Macedonia may decide that nationals of some countries enter the Republic of Macedonia only with identity card or other document for identification valid in the home country of the alien.

Article 5

Stopping of an alien in the transit space at the airport of the Republic of Macedonia shall not be considered as entrance into the country, unless the alien leaves such space.

A stay of aliens in a ship anchored in the lake ports, shall also not be considered as entry in the Republic of Macedonia.

Article 6

An alien may be refused admission in the Republic of macedonia in cases stipulated by this Act, international treaty or on the basis of reciprocity.

2. VISAS

Article 7

An alien shall be issued entry, exit, entry-exit or transit visa for entry and exit from the territory of the .Republic of Macedonia or only for transiting it.

The visa shall be issued for one year validity period, respectively until the date of expiration of the alien travel document when the period is shorter than one year, unless otherwise stipulated by this Act.

Article 8

The visas shall be issued by the diplomatic consular missions of the Republic of Macedonia abroad and by the Ministry of Interior, unless otherwise stipulated by international treaty.

The entry, exit and entry-exit visa shall be issued for a single, several or unlimited number of trips, while the transit visa for a single trip with five days validity period, as of the day of the entry in the state.

1. Entry Visas

Article 9

An alien who is coming in the Republic of Macedonia to settle down permanently and who is a spouse or close relative of a national of the Republic of Macedonia with a residence on the territory of the Republic of Macedonia, or a foreign national permanently settled in the Republic of Macedonia, shall be issued immigration visa.

Immigration visas shall also be issued to the members of the alien's close family set forth in paragraph 1 to this Article.

2. Entry-Exit Visas

Article 10

The staff of diplomatic-consular missions of foreign states in the Republic of Macedonia who have a diplomatic status shall be issued diplomatic visas.

Diplomatic visas shall also be issued to the members of the closer family of the person of paragraph 1 to this Article.

A diplomatic visa may also be issued to other foreigner who comes in the Republic of Macedonia in an official mission of his government or international organization.

The diplomatic visa shall be issued by the Ministry competent for issues from the field of foreign affairs.

The diplomatic visa shall be issued as a single visa with a validity period and right to stay until the termination of the diplomatic function.

Article 11

An alien coming into the Republic of Macedonia for employment in an representative office of a foreign state or international organization, who does not meet the conditions for issuance of diplomatic visa shall be issued official visa.

The official visa shall also be issued to the members of closer family of the alien of paragraph 1 to this Article.

An official visa may also be issued to an alien who is coming in the Republic of macedonia as representative of foreign state and international organizations but who does not meet the conditions for issuance of diplomatic visa.

Article 12

An alien coming in the Republic of Macedonia for employment, education, specialization, scientific research and practice of certain professional activity, shall be issued a visa.

An approval by the Ministry of Interior shall be required for issuance of visa set forth in paragraph 1 to this Article.

The Ministry of Interior shall, prior to giving its approval, acquire opinion from the organ under which competence falls the' activity for which the alien is requesting visa.

The visa set forth in paragraph 1 to this Article shall be issued by the diplomatic-consular mission of the Republic of Macedonia abroad.

Article 13

An alien coming into the Republic of Macedonia to perform commercial activities stipulated by the regulations of the Republic of Macedonia, which refer to foreign investments and foreign trade operations, as well as an alien who may be employed in the Republic of Macedonia without approval in cases stipulated by law, shall be issued a business visa.

The business visa shall be issued for unlimited number of trips with a validity period required for the activities for which business visa is issued, but not exceeding the validity period of the travel document.

Article 14

An alien coming in the Republic of Macedonia as a tourist shall be issued a tourist visa.

A group of aliens coming in the Republic of Macedonia as tourists with a single travel document shall be issued a collective tourist visa.

The tourist visa and the collective tourist visa shall be issued for a single or unlimited number of trips with six months validity period and period of stay not exceeding three months.

3. Transit Visas

Article 15

An alien passing through the territory of the Republic of Macedonia shall be issued a transit visa.

A group of aliens passing through the territory of the Republic of Macedonia with a single travel document shall be issued a collective visa.

4. Exit Visas

Article 16

An alien leaving the territory of the Republic of Macedonia, in which he/she resided legally, shall be issued exit visa.

The exit visa shall be issued for a validity period needed to leave the territory of the Republic of Macedonia.

5. Reasons Due to Which Aliens Are Refused Admission in the Republic of Macedonia

Article 17

An alien would be refused admission in the Republic of Macedonia, respectively issuance of visa, should:

•     a security measure expulsion from the Republic of Macedonia , a protection measure deportation from the territory of the Republic of Macedonia, be pronounced, or should he/she be deprived of residence in the Republic of Macedonia for the period for which such measure is pronounced;

•     he/she be registered in the evidence of the competent organ as international offender or there be founded suspicion of coming in the Republic of Macedonia with an intention to perform terrorist or other criminal acts ;

•     his/her residence in the Republic of Macedonia be financial burden for the state;

•     he/she not be in possession of entry visa for the state of his/her destination, and should be in possession;

•     he/she give incorrect data for himself/herself or the purpose of his/her trip in the application for issuance of a visa to enter the territory of the Republic of Macedonia, or presented false documents;

•     he/she not be in possession of documents on the basis of which his/her identity could be proven, and - he/she be coming from an area infected by contagious diseases and is not in possession of vaccination certificate.

Article 18

The visa shall be cancelled if the reasons for which the visa was issued did not take effect or ceased to exist.

Should the reasons set forth in Article 17 of this Act occur upon the issuance of the visa, respectively tourist pass, the visa or the pass shall be cancelled.

An alien against whom a criminal or penalty proceeding is instituted shall be issued an exit visa in the course of the proceedings, should the competent court require so.

Article 19

The Ministry of Interior may also orally refuse the issuance of visa or to pronounce prohibition of entry in the Republic of Macedonia, with the exception of cases set forth in Article 17.

III. RESIDENCE OF ALIENS

1. Temporary and Permanent Residence

Article 20

An alien entering the Republic of Macedonia with valid travel document may stay for a period not exceeding 3 months, i.e. for a period for which the Visa is issued, unless otherwise stipulated by international treaty, while aliens of Article 4, paragraphs 3 and 4 to this Act - up to 30 days.

An alien coming in the Republic of Macedonia for education, specialization, medical treatment, practice of some professional activity, marriage with a national of the Republic of Macedonia, right arising from employment, possession of immovable property on the territory of the Republic of Macedonia, or due to other justified reasons for longer stay as set forth in paragraph 1 to this Article may, prior to the expiration of the period for which residence is permitted on the basis of the travel document set forth in paragraph 1 to this Article, submit a request for approval of permanent residence.

Article 21

The approval for residence shall be issued as:

•     approval for temporary residence, and

•     approval for permanent residence.

Article 22

The approval for temporary residence shall be issued for one year validity period, respectively until the expiration of the validity of foreign travel document, if this period does not exceed one year.

Upon request of an alien submitted prior to the expiration of the validity period of the approval, the approval for temporary residence may be extended, but the period should not exceed one year.

Article 23

An alien who continuously legally resides on the territory of the Republic of Macedonia for at least three years, and who meets the conditions set forth in Article 20 paragraph 2 of this Act which justify his/her permanent residence, may be granted an approval for permanent residence.

An alien whose residence serves the interests of the Republic of Macedonia, may be granted an approval for permanent residence prior to the expiration of the term set forth in paragraph 1 to this Article.

Article 24

An approval for permanent or temporary residence may be granted to a child up to the age of 18 or to a spouse on an alien in possession of approval for residence, respectively temporary stay in the Republic of Macedonia, with the exception of the provisions of Articles 20 and 23 of this Act.

Article 25

The approval for temporary or permanent residence shall be issued by the Ministry of Interior.

An alien should be liable, together with the application for granting an approval for temporary or permanent residence, to submit also evidence for the reasons for which the application is submitted, as well as evidence that means of subsistence have been provided.

Article 26

An alien shall not be granted permanent or temporary residence, respectively his/her temporary residence shall not be extended, should:

•     no reasons exist requiring him/her to reside in the Republic of Macedonia (Article 20, paragraph 2 and Article 23),

•     no means of subsistence be provided,

•     he/she enter the Republic of Macedonia contrary to the provisions set forth in this Act, and

•     reasons set forth in Article 17 items 1, 2, 5, 6 and 7 of this Act exist.

Article 27

The approval for permanent or temporary residence of an alien shall cease in cases when:

1.   The validity of the approval for temporary residence has expired and the alien failed to submit application to extend such approval;

2.   The alien possessing an approval for permanent residence shall move or reside abroad continuously for a period longer than one year, but failed to inform the Ministry of Interior thereto;

3.   A security measure expulsion , protection measure deportation have been pronounced or his/her residence in the Republic of Macedonia has been cancelled, and

4.   He/she shall become a national of the Republic of Macedonia.

Article 28

The approval for temporary or permanent residence shall be issued by due endorsement of the alien's travel document.

In cases when the application for granting residence is rejected or in cases when the approval for residence ceases, the Ministry of Interior shall pass a decision.

Article 29

The Government of the Republic of Macedonia may by a special act restrict or prohibit movement of aliens in given regions or to prohibit permanent or temporary residence at given places when protection of security and defence of the Republic of Macedonia so require.

2. Denial of Right to Residence

Article 30

An alien residing on the territory of the Republic of Macedonia on the basis of foreign travel document, issued visa, pass or in accordance with international treaty (Article 20, paragraph 1 to this Act) or has been granted approval for temporary residence, may be denied the right to residence, should:

•     protection of security and defence of the Republic of Macedonia require so;

•     he/she refuse to adhere to the decisions of the state organs;

•     he/she commit several repeated or serious infractions of the order, peace and order or the security of the state borders of the Republic of Macedonia as regulated by the Constitutions and the laws;

•     he/she commit infraction of the provisions of this Act;

•     he/she file incorrect data about himself/herself or about the purpose of the residence in the application for granting visa to enter the territory of the Republic of Macedonia or used false documents;

•     he/she be sentenced to at least three months prison term for a criminal act pronounced by foreign or domestic court of law;

•     he/she be left without means of subsistence and his/her support during the period of residence on the territory of the Republic of Macedonia is not otherwise provided; and

•     matters of public health protection be concerned.

Article 31

The Ministry of Interior shall pass a decision for denial of residence to an alien.

When deciding about the denial of residence, the duration of the alien's residence in the Republic of Macedonia, his/her personal, economic and other connections in the Republic of Macedonia and the consequences arising from the pronounced measure for him/her or his/her family, shall be taken into consideration.

The denial of residence may not be shorter than six months nor longer than five years.

In the cases set forth in Article 30, item 1 to this Act, the Minister of Interior shall not be liable to state the reasons in the decision by which he/she was governed when adopting such a decision.

The complaint lodged against the decision by the alien residing on the territory of the Republic of Macedonia on the basis of Article 20, paragraph 1 to this Act or on the basis of an approval for temporary residence less than 3 years, shall not postpone the execution of the decision.

Article 32

The decision for denial of residence shall also define the term within which the alien shall be liable to leave the territory of the Republic of Macedonia as well as the period for which he/she is prohibited to re-enter the Republic of Macedonia.

When determining the term within which the alien is liable to leave the territory of the Republic of Macedonia, the period for which the alien may leave the territory of the Republic of Macedonia shall be taken into consideration.

The decision for denial of residence shall be endorsed on the alien's travel document.

Article 33

The Ministry of Interior shall determine the period within which an alien to whom a security measure expulsion from the Republic of Macedonia or protection measure deportation from the territory of the Republic of Macedonia is pronounced, shall be liable to leave the state, by passing a decision.

The provision of Article 32 paragraph 2 of this Act shall also apply when determining the period set forth in paragraph 1 to this Article.

The complaint lodged against the decision set forth in paragraph 1 to this Article, shall not postpone the execution of the decision.

The decision of paragraph 1 to this Article shall be endorsed on the travel document , and should the alien request, a separate decision shall be issued.

Article 34

An alien may be expelled from the territory of the Republic of Macedonia, should a security measure - expulsion from the territory of the Republic of Macedonia be pronounced for a criminal act.

3. Forceful Deportation of an Alien

Article 35

The alien who shall fail to leave the territory of the Republic of Macedonia within the given term, as well as the alien residing in the Republic of Macedonia longer than the term defined in Article 20 paragraph 1 to this Act or the term given in the approval for temporary stay, shall be deported to the state border or to the diplomatic-consular mission of his/her home state or shall be deported to the state border and delivered to the representatives of the foreign state of which he/she is a national , by an authorized official of the Ministry of Interior.

Article 36

In case of detention of alien juvenile who came in the Republic of Macedonia without a valid travel document or without the knowledge, respectively permission, of his/her legal guardians, respectively who is without required protection, means of subsistence or who failed to act in accordance with the regulations of the Republic of Macedonia, the authorized officials of the Ministry of Interior shall immediately inform the diplomatic-consular mission of which he is a national, and in case he/she is a national of a neighboring country he/she shall be returned to his/her home state.

Should an alien juvenile fail to immediately surrender to the organ of the state to which he/she is a national due to justified reasons, he/she shall be sent to a foreigners' shelter.

Article 37

The expenses resulting from the forceful deportation of an alien, shall be born by the alien.

Should the alien be without means, the expenses shall be covered from the Republican Budget.

Article 38

An enterprise or other legal person or private employer that shall transport an alien to whom entry into the state is forbidden, by land, air or lake, shall be liable to transport him/her from the Republic of Macedonia on its own expense within a period defined by the Ministry of Interior.

Article 39

An alien shall not be forcefully deported from the Republic of Macedonia should his/her life be threatened due to racial, religious or national affiliation, political beliefs or should there be a danger of being exposed to maltreatment or inhumane treatment.

4. Right to Asylum

Article 40

An alien persecuted because of his/her democratic, political belief and activity may be granted the right to asylum in the Republic of Macedonia.

Article 41

The Ministry of interior shall decide on the recognition, respectively deprivation of the right to asylum.

An alien to whom the right to asylum has been granted, shall also acquire the right to permanent residence in the Republic of Macedonia.

Article 42

An alien to whom the right to asylum has been recognized, shall be provided with accommodation, means for support and health care for a period not exceeding two years as of the day the decision for recognizing the right to asylum in the Republic of Macedonia was delivered, unless the alien is not capable to work and support himself/herself.

Funds required for accommodation, support and health care of aliens to whom the right to asylum has been recognized, shall be provided from the Republican Budget.

Accommodation, as referred to in paragraph 1 to this Article, shall mean provision of adequate apartment for use or provision of cash required to provide housing space.

The Ministry of Labour and Social Policy shall be competent for the accommodation, provision of funds for support and health care of aliens to whom the right to asylum was recognized.

Article 43

The Government of the Republic of Macedonia, upon proposal of the Ministry of Interior and the Ministry of Labour and Social Policy shall determine the amount of money required for accommodation and support of aliens to whom the right for asylum was recognized, the scope of health care, the manner and terms of use, as well as the manner of providing such protection.

Article 44

An alien who shall act contrary to the constitutional order of the Republic of Macedonia or contrary to the international interests of the Republic of Macedonia, may be denied the right to asylum.

The decision for denial of the right to asylum shall also state the period within which the alien must leave the territory of the Republic of Macedonia. This period may not be shorter than 30 days nor longer than 6 months.

Article 45

An alien may lodge a complaint to the Commission of the Government of the Republic of Macedonia against the decision with which the application to recognize the right to asylum and against the decision with which the right to asylum was denied.

5. Refugees

Article 46

A stateless person or an alien who left the state to which he/she is a national or in which he/she was settled permanently, may be recognized the refugee status in the Republic of Macedonia in order to avoid persecution because of his/her progressive, democratic, political beliefs and activities, cultural or scientific activities or because of his/her national, racial, respectively religious affiliation.

Article 47

An alien or a stateless person shall not be granted a refugee status, should it be proven that he/she committed a criminal act against mankind and the international law or acted contrary to the aims and principles of the Organization of the United Nations.

A request of an alien, respectively person without citizenship to be granted a refugee status, may also be refused due to reasons regarding protection of security and defence of the Republic of Macedonia.

A person shall be denied the status of refugee in cases when the reasons set forth in paragraphs 1 and 2 of this Article existed prior to granting the refugee status and the Ministry of Interior discovered them later or in case they occurred after he/she was granted such a status.

Article 48

The children of an alien, stateless person to whom the status of refugee was granted, shall enjoy the same rights as their parents.

The persons set forth in paragraph 1 to this Article shall be treated the same like other aliens with temporary residence in the Republic of Macedonia, after they reach the age of 18.

Article 49

The alien shall submit the application for granting a refugee status to the Ministry of Interior within 3 days upon his/her entry in the Republic of Macedonia.

The Ministry of Interior shall decide on granting, respectively denial of the refugee-status.

An alien may lodge a complaint to the commission of the Government of the Republic of Macedonia against a decision with which the request to grant the status of refugee or with which the denial of the status of refugee was refused.

Article 50

The refugee status granted to an alien, respectively stateless person shall cease in the following cases:

1.   Should he/she ask for protection from the state to which he/she is a national or in which he/she was permanently residing as a stateless person;

2.   Should he/she be in a position to return to the state to which he/she was a national or in which he/she was permanently residing, after the reasons for which he/she fled from the given state, be terminated;

3.   Should he/she voluntarily return to the state from which he/she fled;

4.   Should he/she acquire citizenship of another state;

5.   Should he/she leave the Republic of Macedonia and fail to return within a period of 1 year; and such a status in an other

6.   Should he/she obtain state.

Article 51

An alien, respectively a stateless person to whom a status of refugee was granted, shall be provided with relevant accommodation, means of support and health care until his/her departure to another state or until conditions for self-support are provided, but the most 2 years as of the day the decision for granting the status of refugee is delivered. The limitations regarding the term shall not apply for an alien, respectively person without citizenship not able to work and self-support.

The funds required for the residence and support of aliens, respectively stateless person to whom status of refugee was granted, shall be provided from the Republican Budget, as well as from international organizations, on the basis of international treaty and from other states.

Article 52

The Government of the Republic of Macedonia shall regulate the amount of money required for support and relevant accommodation of aliens, respectively stateless person to whom the status of refugee was granted, the scope of health care, manner, conditions as well as the manner of providing such forms of protection.

Article 53

Reception-centres shall be organized to accommodate aliens, respectively stateless persons for whom the procedure for granting status of refugee is pending or who have such a status.

The shelter set forth in paragraph 1 to this Article, shall be established and maintained by the Ministry of Interior. The Ministry of Interior shall also be competent to provide funds for support and health care of foreigners while they are in such shelters.

The Ministry of Labour and Social Policy, in cooperation with the Ministry of Interior, shall be competent for accommodation and provision of funds required for support and preparing foreigners not accommodated in foreigners' shelters of paragraph 1 to this Article for life.

Article 54

The foreigners' shelters shall also be used to accommodate aliens for whom the procedure of establishing identity is pending, as well as for foreigners who cannot be deported from the state due to other reasons.

Article 55

Aliens set forth in Article 53 paragraph 1 to this Act may, while residing in foreigners' shelters, be granted certificate of temporary residence with which the alien may move outside the region of foreigners' shelter.

IV. TRAVEL AND OTHER DOCUMENTS FOR ALIENS

1. Travel Documents

Article 56

Travel documents as referred to in this Act, shall be: foreign travel document and travel document for alien.

A foreign travel document as referred to in this Act, shall be considered a travel document recognized by international treaty on the basis of which the identity of the holder may be established, which term of validity has not expired and which is issued according to the regulations for issuance of travel documents to foreign state.

The travel document for an alien shall be: a passport for alien, a travel document for refugee, a travel document for a stateless person and a travel pass for alien.

Article 57

Passport for aliens shall be issued to an alien who:

•     reached the age of 18;

•     has approval for permanent residence in the Republic of Macedonia or business visa;

•     shall deposit US$ 100.000 or other convertible currency dollar equivalent with an authorized bank in the Republic of Macedonia; and

•     shall deposit a statement stating not to commit criminal acts: arms and narcotics trafficking and international terrorism, and not to harm the reputation of the Republic of Macedonia.

Article 58

An alien to whom a status of refugee in the Republic of Macedonia was granted and a stateless person shall be issued a travel document for refugees, respectively to a person without citizenship, as provided by international treaties.

An alien who possesses an approval for permanent or temporary residence in the Republic of Macedonia, but has no valid foreign travel document, may be granted a travel certificate for aliens to enter the state or to travel abroad.

A travel certificate for alien may also be issued to other alien who is not in possession of valid foreign travel document, should there be justified reasons.

Article 59

A passport for alien, a travel document for refugees and for persons without citizenship shall be issued by the Ministry of Interior.

A travel certificate for foreigner shall be issued by the Ministry of Interior, and abroad by the diplomatic consular mission of the Republic of Macedonia.

The passport for aliens shall be issued for a period of validity until the expiration of the permanent residence of such alien, respectively the business visa.

The remaining travel documents set forth in paragraphs 1 and 2 to this Article and the travel certificate shall be issued for a validity period up to 1 year. The validity of these documents may be extended.

Article 60

The travel documents for refugees, for stateless persons and the travel certificate for aliens shall be issued upon request of an alien of the age of 18. For a person younger than 18, the application for issuing travel document shall be filed by his/her legal guardian.

Underaged person may also be registered in the travel document of his/her legal guardian.

Article 61

A passport for aliens, travel document for refugees, for stateless persons and travel certificate. for alien shall not be issued to an alien:

•     against whom a criminal or penalty proceeding are instituted upon request by a competent court;

•     to whom an executive sentence of imprisonment is pronounced, until such sentence is served; and

•     upon request by a court or competent organ for social care, if he/she fail to meet property-legal obligations arising from marriage or relation parents and children against beneficiaries with permanent residence in the Republic of Macedonia.

Article 62

Should the reasons set forth in Article 61 to this Act exist prior to the issuance of the travel document of Article 56 paragraph 3 to this Act, and the Ministry of Interior discovered at a later date or should such reasons occur after the issuance of the travel document, the alien shall be denied such travel document.

The complaint lodged against the decision to deny such travel document, shall not postpone its execution.

2. Identity Card of Alien

Article 63

An alien to whom a permanent residence in the Republic of Macedonia is granted and who reached the age of 18, shall be liable to file request for issuance of an identity card for aliens.

With the exception of paragraph 1 to this Article, an alien possessing an approval for temporary residence, may be issued an identity card for aliens, provided he had married or was employed or reached the age of 15.

An alien who is a member of a diplomatic-consular mission of a foreign state or is a member of other foreign mission which has diplomatic status in the Republic of Macedonia, shall be issued a special identity card.

The special identity card set forth in paragraph 3 to this Article, shall be issued by the Ministry authorized to perform activities falling within the field of foreign affairs.

Article 64

The identity card for alien in possession of approval for permanent residence and younger than 25, shall be issued with a validity period of 7 years, for an alien from 25 to 50 years for a validity period of 15 years, and for an alien older than 50 years with permanent validity.

An alien to whom temporary residence is granted shall be issued an identity card for foreigners with a validity period as provided in the approval for temporary residence, but not longer than one year.

The validity of an identity card for foreigners as set forth in paragraph 2 of this Article, may be extended.

Article 65

The alien shall be liable to carry the identity card for foreigners.

Article 66

An alien shall be liable to file a request for replacing the identity card, should it be damaged or worn-out, should no longer be of use due to other reasons, should the alien change his/her personal name or should its validity period expire.

The alien should be liable to submit a request for replacing the identity card for foreigners within a period of 15 days as of the date of occurrence of any of the reasons set forth in paragraph 1 to this Article.

Article 67

The alien should be liable to return the issued identity card for foreigners to the Ministry of Interior in cases when:

1.   He/she acquires citizenship of the Republic of Macedonia

2.   He/she leaves the. Republic of Macedonia; and 3. A security measure expulsion from the state or protection measure deportation from the territory of the Republic of Macedonia is pronounced or his/her further residence in the Republic of Macedonia is denied, or when the approval for permanent or temporary residence is expired.

V. ACQUISITION AND CARRYING OF ARMS, MOVEMENT OF ALIENS IN UNIFORM AND PERSONAL NAME

Article 68

A foreigner may, during his/her residence in the Republic of Macedonia, acquire, carry and keep arms and ammunition under conditions regulated by law.

Article 69

An alien may wear a uniform during his/her stay in the Republic of Macedonia should :

•     he/she reside as a member of a diplomatic-consular mission of a foreign state in the capacity of military representative;

•     he/she be staying as a member of a foreign military mission or delegation or as a member of a delegation of a foreign police and customs organ in an official visit to the Republic of Macedonia;

•     he/she be involved in an activity of joint control while crossing the state border on the part of the border crossing belonging to the Republic of Macedonia;

•     he/she be attending military schools of the Republic of Macedonia; and

•     he/she as a member of a military delegation or mission or a member of a delegation of foreign police or customs organ possessing official or diplomatic passport, pass through the territory of the Republic of Macedonia.

Article 70

An alien staying in the Republic of Macedonia, shall be liable to use his/her personal name possessed in accordance with the regulations of his/her home state, unless otherwise stipulated by law or international treaty.

VI. REGISTRATION AND NOTICE OF DEPARTURE FROM PLACE OF RESIDENCE AND ADDRESS

Article 71

An alien shall be liable to register his/her place of residence or address in the Republic of Macedonia with the Ministry of Interior.

An alien shall be liable to register his/her place of residence or address, or change of address of his/her apartment within 8 days upon his/her arrival in the place of residence or address, respectively as of the day of the change of his/her address or apartment, and to give notice of departure from the place of residence, respectively address within 24 hours prior to the departure.

Article 72

Enterprises and other legal persons and individuals offering services for paid accommodation of aliens, shall be liable to register the residence of the alien with the Ministry of Interior or with the nearest police station, respectively department within 12 hours as of the hour the service was offered.

Other persons accommodating aliens, shall be liable to register the alien within 3 days upon his/her arrival, should the alien stay longer than 3 days.

An alien using services set forth in paragraph 1 and 2 to this Article shall be liable to register personally with the Ministry of Interior within 3 days upon crossing the state border.

Article 73

Enterprises and other legal persons and individuals offering services for paid accommodation of aliens shall be liable to keep records for aliens (Register for Aliens).

The records for aliens shall be kept for 2 years as of the day they were filed.

Enterprises and other legal persons and individuals shall be liable to provide to the authorized officials of the Ministry of Interior insight into the records for aliens.

VII. PROVING AN ALIEN'S IDENTITY

Article 74

An alien shall prove his/her identity with: foreign travel document, travel document for foreigners, travel certificate, tourist pass, identity card or other official document having a photo from which his/her identity may be proven.

The alien shall be liable, upon request of authorized officials of the Ministry of Interior to present the document proving his/her identity.

An alien may not borrow his/her document set forth in paragraph 1 to this Article to another person or use other document as being his/hers own.

No one may keep a travel document of foreigner with the intention to use it for gaining some personal benefit or right.

Article 75

An authorized official of the Ministry of Interior may detain the travel document, respectively other document with which the alien crossed the state border in case there is founded suspicion that he/she committed a criminal act for which he/she is officially persecuted, respectively for offence.

The authorized official of the Ministry of Interior shall issue the alien a certificate for detaining the document set forth in paragraph 1 to this Article, while the travel document together with the request for instituting penalty proceedings, respectively criminal charges, shall be submitted to the competent court.

Article 76

An alien shall. be liable to register with the Ministry of Interior, respectively police department any loss or disappearance, theft or other dispossession of the travel document, respectively document with which the alien proves his/her identity within 24 hours as of the moment he/she had become aware.

The Ministry of Interior shall issue to the alien a registration certificate as set forth in paragraph 1 to this Article.

An alien who shall be dispossessed of his/her travel document abroad which was issued by the Ministry of Interior, shall be liable to report to the diplomatic-consular mission of the Republic of Macedonia abroad.

VIII. EVIDENCE

Article 77

The Ministry of Interior shall keep records about:

•     aliens with permanent residence;

•     aliens with temporary residence;

•     issued visas;

•     issued travel documents for foreigners;

•     issued identity cards for foreigners;

•     evidence for pronounced security or protection measure as well as denial of residence to foreigners;

•     foreigners with granted right for asylum;

•     foreigners with granted status of refugee; and

•     if required, other records for aliens.

Data contained in the records for temporary residence of aliens shall be kept for 2 years upon notice of departure, respectively upon the expiration of the visa, and after that period shall be canceled.

Data contained in the records for permanent residence of foreigners shall be kept for 5 years upon the termination of such permanent residence, and after that shall be filed.

Data contained in the records for pronounced measures (security measure, protection measure and measure for denial of residence) shall be kept for 5 years upon the expiration of the term for which such measure was pronounced.

Article 78

Enterprises and other legal persons, organs or citizens may use the data contained in the records set forth in Article 77 of this Act, provided they have legal interest.

Article 79

The Minister of Interior shall adopt by-laws on:

•     manner of recognizing the right to asylum;

•     manner of recognizing the status of refugee;

•     manner of granting approval for temporary or permanent residence, of travel documents and visas and registration and notice of departure of aliens; - the Form of travel document of alien , tourist pass, identity card for foreigner , approval for temporary and permanent residence, visa, certificate for temporary residence in reception centres :as well as Forms of the applications for their issuance;

•     forms with which the residence is registered or given notice of departure with, as well as Forms for evidence for foreigners kept by enterprises or other legal persons and individuals offering accommodation services to foreigners;

•     the manner of keeping evidence set forth in this Act; and

•     house rules and the manner of management with reception centres.

Article 80

The Minister competent for international agreement with the minister of interior, shall adopt by-laws on:

•     the manner of issuing travel documents and visas for foreigners of diplomatic-consular missions of the Republic of Macedonia abroad;

•     the manner of keeping evidence for issued travel documents and visas to foreigners in diplomatic-consular missions of the Republic of Macedonia abroad;

•     the manner of issuing visas to members of diplomatic consular missions of foreign states or to members of other foreign missions with a diplomatic status in the Republic of Macedonia; and

•     the form and manner of issuing of special identity card to members of diplomatic-consular missions of foreign states or to members of other foreign missions with a diplomatic status in the Republic of Macedonia.

IX. PENALTY PROVISIONS

Article 81

A fine from 100.000 to 250.000 denars shall be levied for an offence upon an enterprise or other legal person:

1.   Should it fail to transport an alien prohibited to enter in the state or should it fail to transport him/her within a given period (Article 38);

2.   Should it fail to register the alien within the determined period (Article 72 paragraph 1);

3.   Should it fail to keep or keep orderly evidence for aliens or should it fail to keep it for 2 years as of the day it was filed (Article 73 paragraphs 1 and 2);

4.   Should it fail to provide insight into the evidence for foreigners (article 73 paragraph 3),and

5.   Should it detain foreign travel document for gaining benefit or some other right (Article 74 paragraph 4).

For offenses from paragraph 1 to this Article, the responsible person of the enterprise or other legal person shall also be fined 10.000 to 25.000 denars.

Article 82

A fine of 50.000 to 150.000 denars shall be levied upon a person performing independent activity-offering services accommodation for foreigners:

1.   Should it fail to register the foreigner within the prescribed term (Article 72 paragraph 1);

2.   Should it fail to keep or keep orderly evidence for foreigners or should it fail to keep it for 2 years as of the day it was filed (Article 73 paragraph 1 and 2);

3.   Should it fail to provide insight into the evidence for foreigners (Article 73 paragraph 3); and

4.   Should it detain foreign travel document for gaining personal benefit or some other right (Article 74 paragraph 4).

For offenses from paragraph 1 to this Article, the private employer who while exercising independent activity of offering services of transport, shall also be fined should he/she fail to transport the alien prohibited to enter the state or fail to transport him/her within a given period.

Article 83

A fine of 10.000 to 25.000 denars shall be levied for offence upon a physical person:

1.   who is taking or helping a foreigner to cross the state border at places not falling within the marked border crossings or foreigners without relevant travel document (Article 34 paragraph 1); and

2.   should he/she fail to register the foreigner within the prescribed term staying longer than 3 days (Article 72 paragraph 2).

Article 84

A fine of 10.000 to 25.000 denars shall be levied for offence upon a foreigner:

1.   should he/she cross or attempt to cross the state border at places not falling within the marked border crossings or without relevant travel document (Article 4 paragraph 1);

2.   should he/she fail to leave the Republic of Macedonia within the prescribed term (Article 32 paragraph 1); and

3.   should he/she leave the state during a period when security measure expulsion from the state, protection measure deportation of alien from the Republic of Macedonia, is pronounced or his/her residence was denied by a decision of the competent organ (Article 17 in connection with Article 30).

Article 85

A fine of 8.000 to 20.000 denars shall be levied for offence upon an alien:

1.   should he/she reside in the state longer than permitted on the basis of the valid travel document, endorsed visa, tourist pass or according to international treaty or as defined by a decision for granted temporary stay or should he/she fail to file a request for an approval of residence (Article 20);

2.   should he/she be in dispossession of an identity card for foreigners (Article 63 paragraph 1);

3.   should he/she fail to carry valid identity card (Article 65);

4.   should he/she fail to file a request for replacement of identity card (Article 66);

5.   should he/she fail to return the issued identify card (Article 67);

6.   should he/she fail to register, respectively give notice for departure as stipulated in Article 71 of this Act;

7.   should he/she fail to register as stipulated in Article 72 paragraph 3 to this Act;

8.   should he/she fail to present the document proving his identity upon request of authorized official of the Ministry of Interior (Article 74 paragraph 2);

9.   should he/she borrow his/her document to other person or use other document as being his/her own (Article 74 paragraph 3); and

10.  should he/she fail to register loss, disappearance, theft or other dispossession of his/her travel document, respectively document proving his/her identity (Article 76 paragraph 1).

X. TRANSITIONAL AND CLOSING PROVISIONS

Article 86

Until the final decision under administrative procedure for granting citizenship of the Republic of Macedonia is adopted, the provisions of this Act shall not apply on nationals of SFRY and nationals of the other republics and provinces who submitted an application for granting citizenship of the Republic of Macedonia within a period of 1 year from the date the Act on Citizenship of the Republic of Macedonia has taken effect.

The provisions of this Act shall apply for a period of 2 months upon the expiration of the period within which the nationals of SFRY and nationals of the other republics of former SFRY who fail to submit request for granting citizenship of the Republic of Macedonia within the term.-of paragraph 1 to this Article or a negative decision has been brought, they could have filed a request for granting citizenship of the Republic of Macedonia, respectively until the adoption of the final decision.

Article 87

Travel documents for refugees and for persons without citizenship, travel certificate for foreigners and identity card for foreigners granted on the basis of the Act on Movement and Residence of Aliens ("Official Gazette of SFRY" Nos. 56/80, 53/85, 30/89, 26/90 and 53/91), shall be valid 2 years the most from the date this Act has taken effect.

Travel documents for refugees and for persons without citizenship, travel certificate for foreigners and identity card for foreigners, shall be filed on the existing forms until the adoption of by-laws for new forms.

Approvals for permanent residence granted on the basis of the Act on movement and residence of aliens ("Official Gazette of SFRY" Nos. 56/80, 53/85, 30/89, 26/90 and 53/90) shall continue to be valid for all aliens residing in the Republic of Macedonia when this Act has taken effect.

Article 88

The by-laws based on this Act shall be adopted within 6 months from the date this Act has taken effect.

Until the adoption of the regulations set forth in paragraph 1 to this Article, the existing regulations shall be in force.

Article 89

The Act on Movement and Residence of Aliens ("Official Gazette of SFRY" nos. 56/80, 53/85, 30/89, 2 /90 and 53/91), shall cease to apply on the territory of the Republic of Macedonia on the date this Act takes effect.

Article 90

This Act shall come into force on the eighth day upon its publication in the "Official Gazette of the Republic of Macedonia".