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Law of Azerbaijan Republic

On  Exit and Entry to the Country and the Passports.

According to the Universal Declaration on Human Rights and  relative International Agreements of Azerbaijan Republic, this Law guarantees to all Azerbaijan citizens the right to exit and enter  Azerbaijan Republic (hereinafter referred to as  exit and entry) and to enjoy freely this right the special document which is a symbol of all independent countries is applied - passport of a citizen of Azerbaijan Republic. The rules of issuance of passports to citizens, legal status of citizens leaving the country for permanent residence, and  rules to enter and exit Azerbaijan Republic by aliens are established.

Article 1. The right of citizen of Azerbaijan Republic to exit and enter the country

Every citizen of Azerbaijan Republic (hereinafter referred to as the citizen) enjoys the right to  freely exit and enter the country through the special places of control in accordance with laws of Azerbaijan. A citizen shall not be deprived of the right to exit and enter the country. This right could temporary be restricted in the following cases:

1) if there is a commitment from the citizen on information, containing state or military secret  unless  this commitment is expired in accordance with  laws of Azerbaijan.

2) if there is a court decision with respect to the citizen or he/she has been condemned unless the processing  is terminated  or  absolution took place.

3) if a citizen is called in real terminable military service unless this  military service is accomplished or he  is  acquit  from this service in accordance with laws of Azerbaijan.

In case of emergency situation or danger to humans’ health, life or freedom, the Ministry of Foreign Affairs of Azerbaijan Republic by immediate notifying may recommend the citizens of Azerbaijan Republic to refrain for certain period from trip to that country.

Article 2. Realization of the citizen’s right  to exit and enter the country.

The right of a citizen to exit and enter the country in accordance with the present Law shall  be realized  only under a passport of Azerbaijan citizen and an official permit (visa) to enter foreign country  in accordance with international agreements.

A citizen who did not reach 18 years  is entitled to leave only upon agreement of his parents or his legal representative which is certified notarially  or in order stipulated by laws. In case of  non-agreement by one of the parents,  a question of leaving the country by person who did not reach 18 years shall be resolved upon court decision.

Leaving the country for permanent residence by person who did not reach 18 years shall take place only if his both parents or his legal representative give written agreement  certified notarially   or in order stipulated by laws.

A citizen who is affirmed  as an unable person by court shall leave the country accompanying by his legal representative under court’s decision or under appeal from his legal representative certified notarially.

Article 3. Passport of a citizen of Azerbaijan Republic.

Passport of a citizen of Azerbaijan Republic (hereinafter referred to as the passport) is a single document justifying a personality of citizen out of Azerbaijan Republic and also a document enabling him to enjoy the right to exit and enter  the country.

Passport shall be issued to the citizens of Azerbaijan Republic who reached 18 years and in exceptional cases to the citizens who did not reach 18 years and who are going abroad for the purpose of education, participating in international events, medical treatment, permanent residence, and shall be valid for  leaving for any  country.

Passport has common civil, service and diplomatic types which are endorsed by the Parliament of Azerbaijan Republic.

Passport is a property of Azerbaijan Republic, holding it from the citizen or keeping away as a security except the cases provided by  laws of Azerbaijan Republic  is forbidden.

Every citizen should keep the passport carefully. In case of lost, citizen should immediately inform the passport office or if it happens abroad - the embassy or consulate of Azerbaijan Republic.

In case of citizen’s death, his passport and also the passport with expired date should  be handed in  to the relevant authority.

Article 4. Common Civil Passport.

Common civil passport shall be issued to the citizen by  internal affairs office of place of his residence not later than one month after request from citizen and based on his application, identification card, photo, receipt of payment of the state duty and, if necessary, the documents justifying the citizenship of Azerbaijan Republic.

If citizen leaves the country with his children under 18 years, they should be entered in his passport and their photos should be stuck.

The state duty  in sum of twenty times of minimum salary is levied for issuance of  common civil passport.

Article 5. Service passport

Service passport shall be issued by the Ministry of Foreign Affairs of Azerbaijan Republic to officials received an official assignment abroad of the President’s Office, Parliament, Cabinet of Ministers, central governmental bodies, prosecutor office, National Bank, justices, members of the Central Election Commission, officials of Parliament, Cabinet of Ministers of Nakhichevan Autonomy Republic, chairmen of city and  district municipalities, heads of local executive powers and their  deputies, administrative and technical employees of Azerbaijan representations in foreign countries, and if they have worked there for more than three months- to their wives (husbands), unmarried daughters who reached 18 years, and also to marine and aircraft,  railroad, automobile transportation  international crews, not later than 10 days after receipt of request from heads of the relevant government bodies  for the period of authority or for three years.

The state duty in sum of ten times of minimum salary is levied  for issuance of  service passport.

The competent representatives of Azerbaijan Republic abroad shall assist to the owner of this passport in performing his service duties.

Article 6. Diplomatic Passport.

Diplomatic passport shall be issued by the Ministry of Foreign Affairs of Azerbaijan Republic to:

1) the President of Azerbaijan Republic, deputies of the Parliament of Azerbaijan Republic, members of the Cabinet of Ministers, members of the Constitutional, Supreme and Supreme Arbitrage Courts, Prosecutor General and his deputies, President of the National Bank of Azerbaijan and his deputies, Chairmen of the Central Election Commissions for parliamentarian and presidential elections and the Central Referendum Commission,   officials (including chiefs of divisions) of the President’s, Parliament’s and Cabinet of Ministers Executive Offices, heads of the central governmental bodies,  diplomatic persons, and also to the Speaker  of Parliament of Nakhicevan Autonomy Republic and his deputies, members of the Cabinet of Ministers of Nakhichevan Autonomy Republic, Chairman of the Supreme Court of Nakhichevan Autonomy Republic and Prosecutor General of Nakhichevan Autonomy Republic not later than 15 days after the beginning of performance of their duties;

2) under the bylaws of the President of Azerbaijan Republic, Speaker of Parliament of Azerbaijan Republic and in exceptional cases Minister of Foreign Relation of Azerbaijan Republic to the members of delegations and special delegates, representing Azerbaijan Republic in international conferences, consultations and negotiations,  Sessions of General Assembly of United Nations, in United Nations Offices, in  conferences of international organizations; intergovernmental meetings and contacts;

3) the daughter of the President of Azerbaijan Republic, Speaker of the Parliament of Azerbaijan Republic, Prime-Minister of Azerbaijan Republic, and to the daughter who did not reach 18 years of any above mentioned person  who has been abroad for  three months.

There is no any state duty levied for issuance of  diplomatic passport.

The children under majority may be entered in the passport and in this case their photos should be stuck. Usage of passport by  family members without the presence of owner to exit and enter the country is forbidden.

Diplomatic passport shall be issued to his owner for five years or for the period of  performance of special duties. To President, Speaker of Parliament, Prime-Minister, Chief of Constitutional Court, Minister of Foreign Affairs the diplomatic passport shall be issued for life.  

This passport gives the right to enjoy a diplomatic immunity abroad. All competent persons should provide to the owner of diplomatic passport and persons included in  that passport assistance and custody in free and safe border crossing and in other necessary cases.

Article 7. Information included in the passport.

Regardless of types each passport includes:

1) name and the state blazon of Azerbaijan Republic; country code; type, series and number of passport; surname, first name and middle name,  citizenship, place and date of birth, blood group of owner; name of body issuing the passport; date of issuance;  signature of passport’s owner; surname, first name and middle name, date of birth of accompanying children under 18 years.

2) inserted photo of owner

3) official permit (visa) to enter the foreign country and other special notes (when passing customs and border points).

Besides that the cases envisaged in the third part of Article 5 of this Law for service passport and the cases envisaged in the sixth part of Article 6 of this Law for diplomatic passport, as well as periods of validity, period of extension and name of body extending this period and date of extension are indicated.

The notes on the passport shall be made  in the state language of Azerbaijan Republic and English, and certified by a signature and a stamp of responsible person of relevant state body.

Article 8. Application for passport

Passport is issued on the base of application of a citizen (one of his parents or legal representative), or by request of relevant state body or institution, department or organisation.

A receipt of payment of a state duty, photo, agreement of parents or legal representatives of children under 18 years, and in the cases of urgent consideration of application which are set out in  the first part of  Article 9 of this Law, also the documents testifying such circumstances should be attached to the application for common civil passport.

Article 9. Consideration of application for passport.

Depending on the type of passport, the consideration term of the citizen’s application (request of institution, department, organisation) for passport is as specified in Article 4,5 and 6 of this Law, and if a trip is connected with urgent treatment of person who is leaving abroad or persons whom he is accompanying or  connected with serious decease or death of the relative who lives abroad- is not later than 48 hours after presentation of  documents testifying those facts.

In the cases provided in items 1 through 3 of Article 1 of this Law the request for passport is refused by giving a written explanation of reasons for denial to the applicant (requester) and the  next application shall  be considered after  elimination of reasons resulted in refusal.

In case of presenting  invalid documents or documents with false information  there will be  refusal to issue the passport unless new documents are presented. 

Refusal to issue the passport due to reason of  the state and/or military secrets protection could take place only in the cases provided by laws of Azerbaijan Republic.

Citizen may complain to the court of red tape in consideration of application (request) or refusal to issue the passport.

Article 10. Replacement of passport.

When making alteration to surname, first name or middle name or when finding inaccuracy in passport records  and also in case of becoming badness, a citizen should replace his passport.

For replacement of common civil passport there is a state duty in sum  specified by  Article 4 of this Law.

Passport should be replaced in order stipulated by  Articles 8 and 9 of this Law.

Article 11. Legal status of citizens leaving abroad for permanent residence

Citizens leaving abroad for permanent residence:

- enjoy all rights provided by Constitution of Azerbaijan Republic, including the right for pensionary protection provided by laws of Azerbaijan Republic and bear all obligations;

- may export in foreign country all properties belonging to them and their family members, except the assets extricated from the civil circulation in order stipulated by laws of Azerbaijan Republic. Export of art assets bearing the cultural and historical value and other valuable assets is regulated by  laws of Azerbaijan Republic;

- are  registered in foreign consulates of Azerbaijan Republic and the relevant notes are made in their passports; 

- irrespective  of place of residence must  satisfy all aliments and other civil obligations according to  court’s decision of Azerbaijan Republic;

- return to the country with passport for temporary residence, and when returning for permanent residence there must be a special note about writing off from registration in their passports by consulate  of Azerbaijan Republic abroad.

Article 12. Entry and exit Azerbaijan Republic by aliens.

Aliens and persons without citizenship (hereinafter referred to as the aliens) may enter and exit Azerbaijan Republic through special control points under passports and official permit (visa) in order  provided by this Law.

Entering Azerbaijan Republic is forbidden in the following cases:

1) if there is a need to ensure national security or public peace;

2) if it is required for protection of rights and interests of citizens and other persons of Azerbaijan Republic

3) if a person violated laws of Azerbaijan Republic during his previous stay in Azerbaijan Republic 

4) if a person has given false information of himself while applying for coming to Azerbaijan Republic

5) if entering Azerbaijan Republic by person who is mentally sick or has communicable decease may cause danger to health of population of Azerbaijan Republic  (except persons who do not bear such danger and come to be treated  at their own expenses or  by support from their legal guardian or representative).

According to intergovernmental  agreements in which Azerbaijan Republic is a party the Parliament of Azerbaijan upon presentation of the President of Azerbaijan Republic may determine a  non-visa (simplified) system for entering Azerbaijan Republic by aliens under their  passports.

Exiting  Azerbaijan Republic by aliens may be temporarily restricted in the following cases only:

1) if the exit contradicts the  interest of national security unless this reason is removed.

2) if they are suspects or accused persons  for crime committing unless the proceeding is terminated

3) if they are sentenced for  crime committing unless they are discharged

4) if there is a civil claim against them unless a decision on civil suit enters into force in accordance with laws of Azerbaijan Republic

Aliens entering and exiting Azerbaijan Republic should be registered with the relevant state bodies in order  defined by the Cabinet of Ministers of Azerbaijan Republic. 

Article 13. Entry, return, transit and exit visas

Entry visa is provided to aliens to entry Azerbaijan Republic in common way. The period of validity of this visa is set i) for single entry/exit - from three days to three months, ii) for multiple entry/exit- till one year. If during that period the visa has not applied, it will become invalid.

Upon  request a return visa may be given to aliens holding the passport and leaving the country to return to Azerbaijan Republic for one month period. If that visa has not applied for six months from the date of departure from Azerbaijan Republic, it will become invalid.

Single or multiple transit visa is provided to aliens, traveling to other countries to pass  through the territory of Azerbaijan Republic. If there is no note or stamp regarding non-stop traveling,  owner of  the passport is given not more than five days period to stay  in Azerbaijan Republic.

Exit visa is provided to aliens  who have an official permission to reside in the territory of Azerbaijan Republic. For issuance of an exit visa the state duty is not levied.

The aliens should settle in advance the issue either to extend the visa in order to stay in Azerbaijan Republic or to leave the country.

Article 14. Visa processing  

To obtain a visa the aliens should apply for visa by indicating purpose and terms of visit through the embassies and consulates of Azerbaijan Republic or directly to the Ministry of  Foreign Affairs of Azerbaijan Republic and should attach to application  the necessary documents and receipt of payment of the state duty for visa issuance

The list of documents to be attached to application for  visa is  defined by  the Ministry of Foreign Affairs of Azerbaijan Republic, and the sum of duties levied - by the Cabinet of Ministers of Azerbaijan Republic.

The aliens’ applications for visas are considered by the Ministry of Foreign Affairs or embassies and consulates of Azerbaijan Republic not later than one month after request is made, and if a trip is connected with  their treatment  or  death or decease of relative who is living in Azerbaijan not later than forty eight hours after submitting the documents testifying these facts. In the cases provided in the second part of Article 12 of this Law, the request for visa is refused  by giving to applicant a written notification about reasons and his next application will be considered after removal of reasons resulted in refusal.

The aliens may complain to the court of red tape in consideration of application  or refusal to consider the application.

Article 15. Aliens coming to Azerbaijan Republic without passport or  visa

The aliens who, in contrast with this Law, are crossing the border of Azerbaijan Republic without passport, visa or with invalid passport or other documents will be sent back. Receiving the persons who inform about losing the passport and documents in the way is possible until investigation by the Ministry of Internal Affairs is completed and, if necessary, they may be resettled  by head of the  nearest executive power.

Article 16. Responsibility for violation of the present Law.

In case of putting the false information into passport, loss of  passport, deterioration, theft, fraud, sale, illegal producing and/or use, or violation of rules of entry/exit, set forth  by this Law, guilty persons  will take administrative and criminal responsibilities according to laws of Azerbaijan Republic.

Article 17. Application of international agreements

If there is a discrepancy between  the principles set out in International Agreement of Azerbaijan Republic  and this Law, the  principles set out in International Agreement will prevail over.

HEYDAR ALIEV

President of Azerbaijan Republic

Baku, June 14, 1994.

N 813