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THE LAW OF THE REPUBLIC OF ARMENIA ON THE STATUS OF FOREIGN CITIZENS IN THE REPUBLIC OF ARMENIA

CHAPTER 1. GENERAL PROVISIONS

Article 1. The Goals of the Law "On the Legal Status of Foreign Citizens"

This Law, which is based on the universally recognized principles and rules of international law, lays down the provisions for entry, residence, movement, transit, exit, acquisition of resident status by a foreign citizen in the Republic of Armenia, and his rights and duties in the Republic of Armenia.

Article 2. The Principles of the Legal Status of Foreign Citizens

"A foreign citizen" in respect of the Republic of Armenia shall mean any person who is not a citizen of the Republic of Armenia and who is a citizen of another state.

A foreign citizen shall enjoy in the Republic of Armenia all the rights and freedoms provided for by international law and the legislation of the Republic of Armenia.

A foreign citizen shall abide by the laws of the Republic of Armenia and respect the national traditions and customs of its people.

Article 3. Legislation on the Legal Status of Foreign Citizens

Thee legal status of foreign citizens in the Republic of Armenia shall be governed by this Law and other legislative acts of the Republic of Armenia regarding the status of a foreign citizen.

Where a treaty of the Republic of Armenia provides for the rules other than those set forth in this Law, the rules of a treaty shall prevail.

Article 4. Stateless Persons

The provisions of this Law shall also apply to the stateless persons who stay in the territory of the Republic of Armenia, unless otherwise provided for in the legislation of the Republic of Armenia.

CHAPTER 2. ENTRY OF FOREIGN CITIZENS TO THE REPUBLIC OF ARMENIA AND THEIR EXIT FROM THE REPUBLIC OF ARMENIA

Article 5. Entry of a Foreign Citizen to the Republic of Armenia

A foreign citizen may enter the Republic of Armenia pursuant to an entry visa issued by the appropriate bodies of the Ministry of Foreign Affairs of the Republic of Armenia or (if in the ports of entry) by the appropriate bodies of the Ministry of Internal Affairs of the Republic of Armenia, or in accordance with the provisions of treaties of the Republic of Armenia.

The entry to the Republic of Armenia and exit from the Republic of Armenia of the foreign citizens who enjoy resident status in the Republic of Armenia shall be governed by the provisions of this Law.

Article 6. The Procedure for Receiving an Entry Visa to the Republic of Armenia

To obtain an entry visa to the Republic of Armenia, a foreign citizen shall fill in a form to be approved by the Government, and produce required documents.

Article 7. The Types and Terms of Entry Visas

The foreign citizens who are entering the Republic of Armenia may be granted the following entry visas:

Article 8. The Procedure for Prolongation of an Entry Visa

Diplomatic and tourist visas shall be issued for a single entry, whereas transit and long-term visas may be issued for a multiple entry.

An entry visa to the Republic of Armenia granted to the foreign citizens may be prolonged not more than twice: for one third of the period of the entry visa in each case.

In the territory of the Republic of Armenia, an entry visa shall be prolonged by the appropriate bodies of the Ministry of Internal Affairs of the Republic of Armenia, and outside the territory of the Republic of Armenia, it shall be prolonged by the appropriate bodies of the Ministry of Foreign Affairs of the Republic of Armenia.

Article 9. Rejection of an Entry Visa

Granting an entry visa to the Republic of Armenia to a foreign citizen may be rejected, and the rejection shall be communicated to the applicant.

Article 10. The Form of Issue of an Entry Visa

The entry visa shall be recorded in or attached to the internationally recognized document of the foreign citizen, which proves his identity.

Article 11. Duty for an Entry Visa

To obtain an entry visa, a foreign citizen shall pay a duty in an amount and according to the procedure set forth in the legislation of the Republic of Armenia.

Article 12. The Procedure for Entry of Foreign Citizens to the Republic of Armenia

When entering the Republic of Armenia, a foreign citizen shall produce in the port of entry an entry visa, an internationally recognized document proving his identity, and shall fill in a declaration, as prescribed by the Government of the Republic of Armenia.

Article 13. The Duties of Foreign Citizens in the Ports of Entry to the Republic of Armenia

In a port of entry to the Republic of Armenia, a foreign citizen shall fulfill the requirements set forth in the legislation of the Republic of Armenia.

Article 14. The Procedure for Receipt of Documents Substituting for the Official Documents

In the event that an entry visa, an internationally recognized document of identity or any other official document is lost or damaged, the foreign citizen shall immediately notify that to the appropriate bodies of the Ministry of Internal Affairs, which shall issue to the foreign citizen within the three-day period a document substituting for the lost or damaged document.

Article 15. The Exit of Foreign Citizens from the Republic of Armenia

A foreign citizen may exit from the Republic of Armenia by way of producing an internationally recognized document proving his identity or its substitute issued by the appropriate bodies of the Ministry of Internal Affairs.

The exit of a foreign citizen from the Republic of Armenia may be prohibited:

Article 16. The Procedure for Registration of Foreign Citizens

The registration of foreign citizens staying in the Republic of Armenia shall be conducted at his place of residence by the bodies of the Ministry of Internal Affairs on the basis of documents proving his right to reside in the Republic of Armenia and documents regarding the occupation by him of a residential house or flat.

The registration of a foreign citizen arriving to a hotel, holiday home, sanatorium or tourist centre shall be conducted by that organization in accordance with the procedure prescribed by the Ministry of Internal Affairs of the Republic of Armenia.

To be registered, the foreign citizens shall pay a duty in an amount and according to procedure specified in the legislation of the Republic of Armenia.

Article 17. Travel Charges on Foreign Citizens

The foreign citizens entering or leaving the Republic of Armenia shall pay a travel charge specified in the legislation of the Republic of Armenia.

CHAPTER 3. THE TYPES OF RESIDENT STATUS OF FOREIGN CITIZENS IN THE REPUBLIC OF ARMENIA, RULES FOR ITS GRANTING, DUTIES OF FOREIGN CITIZENS

Article 18. Resident Status of Foreign Citizens

There shall be four types of the resident status of foreign citizens in the Republic of Armenia: temporary, ordinary, special and exclusive.

A foreign citizen may not simultaneously have more than one-type resident status in the Republic of Armenia.

Article 19. Temporary Resident Status

Temporary resident status may be granted to the foreign citizens having entered the Republic of Armenia on a contractual basis or for a personal purpose, to the foreign students studying in the state or religious educational institutions of the Republic of Armenia, to the persons qualified as refugees, as well as to foreign journalists, researchers, persons invited for public or clerical services.

Temporary resident status may also be granted to the persons who seek refuge because of the unstable political situation, and their right to free movement within the Republic may be restricted by a decision of the Ministry of Internal Affairs. Such persons shall be exempted from the duty for an entry visa.

The temporary resident status shall be granted for not more than one-year period, and may be prolonged for maximum one year in each case.

Article 20. Ordinary Resident Status

Ordinary resident status may be granted to any foreign citizen who submits a respective application.

The ordinary resident status may be granted on a priority basis to the foreign citizen, who:

The ordinary resident status shall be granted for not more than a three-year period, and may be prolonged.

Article 21. Special Resident Status

Special resident status may be granted to foreign citizens of Armenian origin.

The special resident status may also be granted to other foreign citizens who carry on economic, cultural activity in the Republic of Armenia.

The special resident status shall be granted for a period of ten years. It may be granted more than once.

Article 22. Exclusive Resident Status

Exclusive resident status shall be granted to the officers of diplomatic and consular missions of foreign states in the Republic of Armenia, who are foreign citizens, and to their family members, for the period of their service.

The exclusive resident status may also be granted to the officers of international organizations, who are foreign citizens.

Article 23. The Procedure for Obtaining Temporary and Ordinary Resident Status

Temporary and ordinary resident status and the documents evidencing such status shall be granted by the Ministry of Internal Affairs of the Republic of Armenia in accordance with the procedure to be set forth by the Government of the Republic of Armenia.

The Ministry of Internal Affairs shall notify the applicant in writing about its decision within one month.

In the case that the application is rejected, the applicant may appeal against that decision to the Prime-Minister of the Republic of Armenia. The appeal shall be considered within one month, and shall be replied in writing.

To obtain temporary or ordinary resident status, a foreign citizen may apply again one year after his previous application has been rejected.

Article 24. The Procedure for Obtaining Special Resident Status

The foreign citizens, who wish to obtain special resident status, shall file an application addressed to the President of the Republic of Armenia with the diplomatic and consular missions of the Republic of Armenia abroad or (if within the Republic of Armenia) with the Ministry of Internal Affairs , fill in a form in accordance with established rules, and produce necessary documents.

A foreign citizens, who is granted special resident status shall be given a special passport of the Republic of Armenia by the diplomatic and consular missions of the Republic of Armenia abroad or (if within the Republic of Armenia) by the Ministry of Internal Affairs. To receive a special passport of the Republic of Armenia, a foreign citizen shall pay a duty established by the Government of the Republic of Armenia.

To obtain special resident status, a foreign citizen may apply again one year after his previous application has been rejected.

Article 25. Rights and Duties of Foreign Citizens in the Republic of Armenia

A foreign citizen shall have in the Republic of Armenia a right to the freedom of thought, speech, conscience, religion in accordance with the legislation of the Republic of Armenia.

A foreign citizen shall be entitles to preserve in the Republic of Armenia his national language, culture and traditions.

A foreign citizen in the Republic of Armenia shall not have voting rights, may not join any political organization of the Republic of Armenia, may not be elected or appointed to the posts or carry on the activities, which are reserved for citizens of the Republic of Armenia by the legislation of the Republic of Armenia.

A foreign citizen shall have the rights to legal defense against any illegal interference in his private and family life, to inviolability of his person and accommodation, to the privacy of correspondence, to honour of dignity, to life and health protection, to judicial defense against any encroachment upon his life, health, personal liberty and property, equal to those of a citizen of the Republic of Armenia.

A foreign citizen shall have the right of property, labour and the right to carry on business activity, in accordance with the provisions of legislation of the Republic of Armenia.

A foreign citizen may marry or divorce in the Republic of Armenia in accordance with the provisions of legislation of the Republic of Armenia, and in marital relations, he shall have the rights and duties equal to those of a citizen of the Republic of Armenia.

A foreign citizen shall pay in the Republic of Armenia taxes and duties, make other compulsory payments in accordance with the provisions of legislation of the Republic of Armenia.

A foreign citizen shall not be obliged to carry military service in the Armed Forces of the Republic of Armenia.

In the course of defending his rights, a foreign citizen may enjoy any guarantees provided for exercise of the rights of a citizen of the Republic of Armenia.

Where a foreign citizen has been confined, arrested, subjected to criminal responsibility or prohibited from exiting from the Republic of Armenia, the respective officials shall, within twenty-four hours, notify that to the state mission which is to defend the rights of the foreign citizen, or, in the case of a refugee, the United Nations High Commissioner for Refugees.

A foreign citizen shall be obliged to leave the Republic of Armenia upon the expiration of his entry visa or resident status.

A foreign citizen shall not use his rights and freedoms to the detriment of the rights and freedoms of the citizens of the Republic of Armenia, other persons, the public order, general welfare, the national security of the Republic of Armenia.

CHARTER 4. THE LEGAL STATUS OF THE FOREIGN CITIZENS WHO ENJOY RESIDENT STATUS IN THE REPUBLIC OF ARMENIA

Article 26. The Rights and Duties of the Foreign Citizens Who Enjoy Resident Status

In the Republic of Armenia, a foreign citizen, who enjoys resident status, shall have the rights, equal to that of a citizen of the Republic of Armenia, to inherit, bequeath or donate his property, to enjoy insurance, burial and other services, to join benevolent, cultural, trade-union, sport and other associations (without the right to hold a post in their managing bodies), unless that contradicts to the by-laws of such associations.

A foreign citizen, who enjoys resident status, may join international organizations acting in the Republic of Armenia.

The resident status shall give to the foreign citizen the rights to entry to the Republic of Armenia and exit from the Republic of Armenia.

A foreign citizen, who enjoys temporary, ordinary or special resident status, shall be entitled to invite his close relatives to the Republic of Armenia. A duty in an amount specified in the legislation of the Republic of Armenia shall be charged for issue of invitation documents.

The right of a foreign citizen, who enjoy exclusive resident status, to invite other persons to the Republic of Armenia shall be governed by treaties of the Republic of Armenia.

Article 27. The Rights and Duties of the Foreign Citizens Who Enjoy Temporary Resident Status

A foreign citizen, who enjoys temporary resident status, may be granted a right to labour in accordance with the procedure to be set forth by the Government of the Republic of Armenia.

The entry of a foreign citizen, who enjoys temporary resident status, to the Republic of Armenia and his exit from the Republic of Armenia shall not be restricted. He shall pay a duty for entry visa at any time of his entry to the Republic of Armenia.

A foreign student shall be exempted from a duty for entry visa.

The right of a foreign student to travel abroad shall be conditioned by terms permitted by the educational institution.

A foreign citizen, who enjoys temporary resident status, may import one personal motor-car during the whole period of his residence.

A foreign citizen, who enjoys temporary resident status shall not be entitled to infringe or change the purpose of his residence without permission from the Ministry of Internal Affairs of the Republic of Armenia.

A foreign citizen, who enjoys temporary resident status, shall enter into financial, economic or commercial transactions in accordance with legislation of the Republic of Armenia.

Article 28. The Rights and Duties of the Citizens Who Enjoy Ordinary Resident Status

A foreign citizen, who enjoys ordinary resident status, shall have in the Republic of Armenia the right to work, social security; he may carry on business activity, enjoy insurance services.

A foreign citizen, who enjoys ordinary resident status, may work in the Republic of Armenia by virtue of an employment contract. A copy of the employment agreement shall be submitted to the appropriate bodies of the Ministry of Internal Affairs.

The period of work of a foreign citizen shall terminate once the resident status is terminated.

During the first three months from the date of being granted ordinary resident status, the foreign citizen may import to the Republic of Armenia duty-free his personal property, one personal motor-car and household goods. For the import of other property that is owned by him, the foreign citizen shall pay customs duties in accordance with laws.

A foreign citizen, who enjoys ordinary resident status, shall appear for registration once per year, shall not be absent from the Republic of Armenia for more than six months, unless he has received a prior permission in writing from the Ministry of Internal Affairs, and unless such absence does not exceed a continuous period of one year. He also shall pay annual charges specified in the legislation of the Republic of Armenia.

A foreign citizen who has resided in the Republic of Armenia for three years under the terms of ordinary resident status may apply for citizenship of the Republic of Armenia. In such case, his ordinary resident status shall be prolonged for another one year, provided that he may not be absent from the Republic during that period.

Article 29. The Rights and Duties of the Foreign Citizens Who Enjoy Special Resident Status

In the Republic of Armenia, a foreign citizen, who enjoys special resident status, shall have the right to labour, may carry on business activity in accordance with rules established for foreign citizens having ordinary resident status.

He shall be exempted from a duty for entry visa.

A foreign citizen, who enjoys special resident status, shall appear for registration once per year in a diplomatic or consular mission of the Republic of Armenia abroad, or in the appropriate body of the Ministry of Internal Affairs of the Republic of Armenia within the territory of the Republic of Armenia.

Article 30. The Rights and Duties of the Foreign Citizens Who Enjoy Exclusive Resident Status

The rights and duties of a foreign citizen who enjoys exclusive resident status shall be laid down in the treaties of the Republic of Armenia, laws of the Republic of Armenia and resolutions of the Government of the Republic of Armenia.

A foreign citizen who has exclusive resident status shall enjoy immunity in accordance with treaties and legislation of the Republic of Armenia.

CHAPTER 5. LEGAL RESPONSIBILITY OF FOREIGN CITIZENS IN THE REPUBLIC OF ARMENIA. THE PROCEDURE FOR DEPORTATION OF FOREIGN CITIZENS FROM THE REPUBLIC OF ARMENIA

Article 31. The Legal Responsibility of Foreign Citizens in the Republic of Armenia

In the Republic of Armenia, a foreign citizen shall bear legal responsibility equal to that of a citizen of the Republic of Armenia, except as specified in the treaties of the Republic of Armenia and legislation of the Republic of Armenia.

For violation of the established rules of residence in the Republic of Armenia, or residing without documents proving resident status, or for residing with void documents, or violation of the established registration rules, or failure to leave the Republic of Armenia upon the expiration of resident status or an entry visa, or failure to comply with customs rules, a foreign citizen shall be called to legal responsibility stipulated in the legislation of the Republic of Armenia.

Article 32. Administrative Expulsion of Foreign Citizens from the Republic of Armenia

A foreign citizen may be expelled from the Republic of Armenia in administrative order, if his activity threatens the national security of the Republic of Armenia, the public order and welfare, rights and freedoms of citizens, as well as in other cases specified in the legislation of the Republic of Armenia.

Article 33. The Procedure for Administrative Expulsion of Foreign Citizens from the Republic of Armenia

A decision on administrative expulsion of a foreign citizen, except for the foreign citizens who have exclusive resident status, shall be passed by the Minister of Foreign Affairs, on the basis of an opinion rendered by the commission formed by him. A representative of the state, who is to defend the interests of the foreign citizen, may be present at the commission’s meeting.

A decision on administrative expulsion of a foreign citizen who enjoys exclusive resident status shall be passed by the Minister of Foreign Affairs of the Republic of Armenia in accordance with procedure set forth by the Government of the Republic of Armenia.

The decision on administrative expulsion may be appealed against within seven days to the Prime-Minister of the Republic of Armenia by the foreign citizen to be expelled or by a representative of the state who defends his interests.

The Prime-Minister of the Republic of Armenia shall notify the appellant about his decision within one month.

The foreign citizen, who has been expelled in administrative order, may return only upon permission of the Minister of Internal Affairs of the Republic of Armenia or (if that foreign citizen has exclusive resident status) of the Minister of Foreign Affairs.

Article 34. Deportation of Foreign Citizens

A foreign citizen may be deported from the Republic of Armenia in cases specified in the legislation of the Republic of Armenia. A court of the Republic of Armenia may nominate deportation as additional punishment in respect of the foreign citizen. Where the term of imprisonment does not exceed two years, that may be replaced with deportation from the Republic of Armenia.

The President of the Republic of Armenia may substitute deportation from the Republic of Armenia for imprisonment nominated as punishment by a court of the Republic of Armenia, or for a part of such imprisonment.

A court shall notify a state mission defending the interests of the foreign citizen about its decision on deportation of that foreign citizen

through the Ministry of Foreign Affairs of the Republic of Armenia within ten days.

Article 35. Extradition of Foreign Citizens by Agreements on Mutual Exchange of Criminal Offenders

A foreign citizen staying in the Republic of Armenia, who is accused of committing a crime in the territory of another state, and whose extradition is requested by that state or an international organization, shall be extradited to the requesting party in accordance with the provisions of treaties of the Republic of Armenia.

L. TER-PETROSIAN,

President of the Republic of Armenia

17 June 1994. City of Yerevan