Georgia: Law of 1993 on Emigration (annulled)

Chapter 1. General Provisions

Article 1. The Right to Emigration

A citizen of the Republic of Georgia has a right to emigrate from the Republic of Georgia or leave for another state for temporary residence. This right may not be restricted except in the cases provided for by legislation of the Republic of Georgia.

Article 2. The Purpose of the Law of the Republic of Georgia "On Emigration"

The purpose of the Law of the Republic of Georgia " On Emigration" is to provide citizens of Georgia, in accordance with generally recognized principles of international law, with the right to depart from their country and to freely return to it, to establish the procedure for exit of citizens of Georgia for permanent residence to another state (emigration) as well as to regulate other relation that have arisen in connection with this question.

Article 3. Legislative Acts Regulating Emigration

Emigration from the Republic of Georgia shall be regulated by this Law and other legislative acts of the Republic of Georgia.

If rules other than those which are contained in legislation of the Republic of Georgia are established by an international treaty, the rules of said treaty shall be applied.

Article 4. Taking Property Out of the Republic of Georgia

A citizen of the Republic of Georgia leaving for emigration has a right to take out any personal movable property which is not prohibited by legislation of the Republic of Georgia.

Chapter II. Procedure for Registration of Documents for Emigration from the Republic of Georgia

Article 5. Passport of a Citizen of the Republic of Georgia

Citizen of Georgia shall emigrate from the Republic of Georgia on the basis of a passport issued by agencies of internal affairs.

Citizens of Georgia residing abroad are to apply as regards the issuance of a passport to diplomatic representations and consular missions of the Republic of Georgia.

A passport of a uniform pattern shall be valid for exit from the Republic of Georgia to any country of the world and for entry to the Republic of Georgia.

A passport shall belong to the Republic of Georgia.

In accordance with international treaties the Republic of Georgia may issue a document substituting the passport.

The procedure for registration and issuance of an emigration passport shall be established by the Cabinet of Ministers of the Republic of Georgia.

Article 6. Validity of a Passport of a Citizen of the Republic of Georgia

A passport of a citizen of the Republic of Georgia shall be valid for 5 years from the date of its issuance.

For prolongation of passport of a citizen of Georgia the person concerned is to apply to a diplomatic representation or a consular mission of the Republic of Georgia, and to agencies of internal affairs on the territory of the Republic of Georgia.

Article 7. Submission of Petitions for Issuance of an Emigration Passport

Any grown up and competent citizen of the Republic of Georgia has a right to submit a petition for issuance of an emigration passport.

For receipt of an Emigration passport a person concerned shall submit an application to agencies of internal affairs of the Republic of Georgia in the procedure established by the Cabinet of Ministers of the Republic of Georgia.

A petition should contain all data which have entered the passport; the following documents certified by a notary of in any other equal way shall be attached to the petition:

1) copy of a birth certificate;

2)written consent of the legal representative staying in Georgia if the legal applicant is leaving with under-age children.

Article 8. Emigration of Under-Age Children

Children under 18 shall emigrate from the Republic of Georgia together with their legal representatives; if however they are going to their legal representatives located abroad and have the written consent of the latter, they are to be accompanied with a grown up and a competent person. If the legal representatives have not come to agreement on the question of emigration of under-age children from the Republic of Georgia, the dispute is to be settled in the court.

Article 9. Emigration of Incapable Persons

Emigration of incapable persons shall not be permitted without the consent of their legal representatives and without accompaniment of a competent grown up person.

Article 10. Terms for Consideration of Petitions for Issuance of an Emigration Passport

The term for considering petitions for issuance of an emigration passport may not exceed 3 months from the date of submission of all necessary documents.

In submitting a petition for issuance of an emigration passport an applicant shall pay a state tax in the amount and in the order established by the Cabinet of Ministers of the Republic of Georgia.

Article 12. Grounds for Restriction of the Right to Emigrate from the Republic of Georgia

A concerned person may be refused an issuance of an emigration passport, the prolongation of a passport, as well as the crossing the border if:

1)an action has been brought against him;

2)the concerned person has not served the court sentence;

3)a civil action has been brought against him;

4)the person has not fulfilled the obligations charged on him by the court's decision, and the Republic of Georgia has not signed treaties for legal assistance with the country to which it is going to emigrate;

5)the person is of military age and has not completed military service, not being relieved from call-up;

6)according to the character of his work the person is acquainted with state or military secrets and the term established by law from the date when he is no longer connected with the work has not expired; at the same time the term should not exceed five years;

7)in submitting a petition for emigration the person presented a counterfeit or invalid documents.

A decision on a denial shall be communicated to the citizen in writing within a ten-day period.

Article 13. Data of State Bodies, Organizations, Enterprises and Agencies in Connection with Emigration of a Citizen of the Republic of Georgia

At corresponding requests of agencies of internal affairs in connection with consideration of a petition for issuance of an emigration passport, state bodies, organizations, enterprises and agencies shall be obliged to submit data on the conditions as per Article 12 of the present Law.

Article 14. The Right to Appeal a Denial of Issuance an Emigration Passport, Prolongation of the Passport or Crossing the Border

Decisions of an authorized agency refusing to issue an emigration passport, prolong a passport or let crossing the border may be appealed by a concerned person except in the cases provided by paragraphs 1, 2, 3, 4 and 7 of Article 12 of this Law.

Article 15. Repeated Considerations of a Petition for Issuance of an Emigration Passport

A concerned person who has been refused the issuance of an emigration passport may repeatedly submit a petition on the same question only if there is no longer a reason for which it was refused in the issuance of a passport.

Article 16. Documents Required for Crossing the Border from the Republic of Georgia

Citizens of Georgia crossing the borders of the Republic of Georgia shall go through a passport check point where the date of crossing the border is to be registered in the passport or in its substituting documents.

To cross the border a citizen should have an entry visa of the country to which he/she is going to.

Article 17. Entry to the Republic of Georgia

A citizen of the Republic of Georgia who has emigrated may at any time come to the Republic of Georgia without a special permit.

Article 18. Statistics of Emigration

The statistics of emigration is managed by the Ministry of Internal Affairs which is to submit these data to the Cabinet of Ministers of the Republic of Georgia.

20.07.1993

Tbilisi