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Unofficial Translation

Law on Foreigners

Republic of Albania

Law No. 8492

August 1999

This Law No. 8492 was approved by the Albanian People's Council on 27 May 1999. Declared by the decree no. 2394, dated 18.06.1999 of the President of the Republic of Albania. This law was published in the Official Gazette on the 21st of July 1999 and entered into force 15 days after the publication on the 5th of August 1999.

In accordance with articles 78 and 83 point 1 of the Constitution, by the proposal of the Council of the Ministers,

THE PEOPLE’S ASSEMBLY OF THE REPUBLIC OF ALBANIA DECIDED:

CHAPTER I GENERAL DISPOSITIONS

Article 1 Object of the law

This law regulates the regime of entrance, stay, circulation, employment of the foreigners in the Republic of Albania, as well as their exit from its territory.

Article 2 Definitions

For the application of this law the following terms have the following meanings:

Article 3 Basic principles

This law recognises and respects the principles and the norms generally accepted of the international acts, the principle of the reciprocity, the principle of the respect of the human rights, and the interests of the national and public security.

Article 4 Undesirable persons

If not established differently in this law, foreign persons will be considered undesirable and will be refused the request of entrance, visa or stay permission in the Republic of Albania when:

The prohibition, for the aforementioned persons, to enter in the Republic of Albania is valid for a period not less than 10 years from the date they are declared "undesirable persons".

When the foreign persons have made actions which constitute limitations according to paragraph 1 of this article before they reach the age of 18, have the right to ask from the Minister of Public Order to review their request of entrance, visa or stay permission in the Republic of Albania.

Article 5 Cases of refusal of entrance, visa and stay permission

The request of entrance, visa and stay permission can be refused to the foreigners in cases when they:

The cases foreseen in paragraph 1 point 7 of this article are established by special order of the Minister of the Public Order.

For the cases foreseen in this article, exception can be made only on humanitarian grounds.

Article 6 Entrance of minors

Persons under 16 years old may apply for a visa permission or ask to enter in the Republic of Albania with the permission of their legal custodies and accompanied by adult persons. Exception is made for the persons who enter as asylum seekers.

Article 7 Decision taking regarding the foreigners

The decisions regarding the foreigners are taken on bases of the law, known circumstances, or information that can be gathered by the Albanian authorities, taking into consideration the motives of entrance or stay, the means of the foreigner for living in the Republic of Albania, and the reasons for which the foreigner must not enter or stay in Albania.

Every decision or permission regarding the foreigners may be annulled when the reasons on which this decision has been taken do not exist any more, or the conditions on which bases was made possible the issuance of this permission change, or because of the presence of some new factors that do not allow the entrance or stay of the foreigner in the Republic of Albania.

The Minister of the Public Order, in special cases, for important State, national security and public order interests, can make exceptions with respect of the fulfillment of the conditions established in this law by a reasoned decision, taking all the due measures to avoid the negative consequences that this action can bring.

CHAPTER II ENTRANCE AND EXIT FROM THE REPUBLIC OF ALBANIA

Article 8 Place of entrance

The persons who enter in the territory of the Republic of Albania are obliged to pass only through the Border and Control Points.

Article 9 Conditions of entrance

The foreigners have to fulfil the following conditions to enter in the Republic of Albania:

Article 10 Members of foreign crews

Members of the crew of a transport vehicle that operates with legal bases in Albania, will be liberated from some limitations and requests of this law, according to the rules established by the Minister of the Public Order.

Article 11 Obligation of the readmission

Based on the obligations that arise from the readmission agreements signed by the Republic of Albania, are readmitted the foreigners expulsed by other States, who departed from the Republic of Albania.

Article 12 The right to stay in the transit points

In case of refusal of the entrance, the foreigner can stay at the transit of Border Pass and Control Points (BPCP) until the final removal and, in case of complaint or asylum request, as stipulated in this law, until their examination. The examination of the complaint for the cases Stated in this article, has to be made within 48 hours from the refusal.

Article 13 Exit from the Republic of Albania

Every foreigner is free to leave the Republic of Albania, with exception for the cases when:

CHAPTER III VISAS, STAY PERMISSIONS

VISAS

Article 14 The request for visa

The foreigners who have to present a preliminary request for visa, have to be out of the territory of the Republic of Albania at the moment of the application.

The request for the visa is presented to the representatives of the Republic of Albania outside the country. If there is no Albanian representative in the country of the applicant or in the country where he/she is a resident, the request can be presented to the Albanian representative in the neighbouring country. If this is also impossible because of the distance, the request can be presented by the interested party at the Consular Directory near the Ministry of the Foreign Affairs of Albania, and the visa is given at the border.

For the children under 16 years old, when they are not provided with personal passport, the visa can be noted at the visa of the parent or of the legal custody, in whose passport the child is registered.

Article 15 Competences of the official of the diplomatic mission.

The official of the Embassy of the Republic of Albania outside the country is entitled to give the approval for diplomatic, service, touristic, medical, business and transiting visa in the following cases:

For other cases that are not established above, the official of the Embassy requires first the approval of the Consular Directory near the Ministry of Foreign Affairs, which on its turn has to consult the competent authority near the Ministry of the Public Order.

The competences defined in the first paragraph of this article can be suspended only through an joint order of the Minister of the Public Order and the Minister of the Foreign Affairs.

Article 16 The timeframe, number of the passages, and the length of the stay time of the visa.

The visa contains the timeframe for its use, that means the time limit within which the foreign person has the right to use the visa to enter in Albania. The time limit of the use can be:

The timeframe for the use of the visa begins at the date of its issuance.

In the visa is also established the timeframe of the stay, which goes from 1 to 90 days. The timeframe for the stay begins the day that the foreigner enters into Albania. The visas with a timeframe of use of more then three months can be with many passages.

The visa is extended only one time up to the half of the first period by the embassy of the Republic of Albania or the competent authority, stipulated in this law.

The timeframe of the use and of the stay, the number of entries and the fee, can vary for citizens of particular countries depending on the reciprocity.

Article 17 The conditions for the approval of the visa

For the approval of the visa the following conditions have to be fulfilled:

If the foreigner has been removed before, the authority of the removal must be consulted before the approval of the visa.

Article 18 The types of the visas

The visa can be individual or collective in cases of groups with no less then 10 persons.

The Albanian authorities issue the following types of visas:

The visas foreseen by the points 1 to 3 of this article, except for the visa stipulated in point 3 (b), are given only in cases when the foreign persons foresee to stay in the Republic of Albania no more than three months.

STAY PERMISSIONS

Article 19 Conditions to apply for a stay permission

Are entitled to ask for stay permission:

The request for stay permission is presented to the competent authorities at the Ministry of the Public Order. The request is not valid if the foreigner leaves before the decision is taken.

Article 20 Duration of the stay permissions

The stay permissions can be for:

A three months, six month, or one year stay permission can be renewed no more than three times consecutively.

A foreign person can apply for a five years stay permission if he/she has had a legal stay for two years consecutively in the Republic of Albania, and has durable connection or activity.

Article 21 Conditions to obtain a stay permission and its renewal

The foreigners can be provided with stay permission if they:

The request for the renewal of the stay permission is presented one month before the end of the timeframe of the existing permission. It is renewed within one month, if the main circumstances for the issuance of the previous permission have not changed.

Article 22 Limitations in the stay permission

The stay permission can be issued even with limitations, taking account of the motives of the stay in the Republic of Albania, that are defined in acts for the application of this law, in the interest of the national security and public order. These limitations can be changed by request of the foreigner, or by the change of the conditions.

The stay permission can be annulled to the foreigner, if he/she stays out of the territory of the Republic of Albania for a period longer then three months, for the holders of one year permissions; six months for the holders of five years permissions, and two years for the holders of permanent stay permission. The foreigners can ask for a longer timeframe for stay out of the country, if they make a previous request at the local authorities of immigration.

The Council of Ministers establishes the financial and business conditions for the investors, merchants, businessmen, trade partners and the foreign self-employed, regarding the obtention of the stay permission.

Article 23 Stay permission as result of the family union

A foreigner is allowed to apply for stay permission because of family reunion, if one of the family members is an Albanian citizen, refugee, or foreign resident with a stay permission no shorter than one year.

If the person resident in Albania has more than one spouse, he has to choose only one of them.

It is accepted as a request for stay permission the request of a foreigner for family union for reasons of convivence without marriage with a foreign person resident in Albania, if in the country of one of the applicants the convivence without marriage between two persons of different sexes, is accepted as legal. Family reunion is not considered as an argument to issue stay permission to a foreign person, if the marriage or the adoption is done after an order of removal or decision of refusal for him/her.

Article 24 Conditions for permanent stay permission

A foreign person can request permanent stay permission when:

Can request for permanent stay permission also those foreign persons who have contributed to our national interests. The Minister of the Public Order decides if they can be liberated from some limitations or demands for the approval of the stay permission.

CHAPTER IV WORK PERMISSIONS

Article 25 Obligation to obtain a work permission.

The physical or legal persons who are not Albanian citizens, when they want to work in the Republic of Albania for a timeframe over three months, have to obtain a work permission issued by the Ministry of Labour and Social Affairs.

Article 26 Presentation of the request for work permission

The request for the provision of a work permission is presented in written before the beginning of the job, by filling the respective official forms.

The forms of the requests can be taken at the Directory of Migration, at our Embassies or Consulates outside the country, or near the regional labour offices.

The Minister of Labour and Social Affairs defines the model form of the work permissions, the respective procedures for the reception, renewal and refusal of the work permission, as well as the way of making the request and the necessary documents that have to be presented.

Article 27 Competent organs for the issuance of the work permission

The competent organ for the issuance of the work permissions is the labour office of the local government unit where the foreigner wants to exercise his/her activity.

When the exercise of the activity of the foreigner is made in more than one local unit, the work permission will be issued by the Directory of Migration in the Ministry of Labour and Social Affairs.

Article 28 Place of the exercising of the activity

Unit of the local government where the citizen exercises his/her activity, will be called the one where there is the centre of the enterprise or office where the foreigner is employed or self-employed.

When the foreigner exercises his/her activity in different units, the place of the exercise of the work activity will be the one where the foreigner is paid or where the self-employed has its centre.

Article 29 The request for work permission, when the foreigner has not entered the Republic of Albania.

When the employee lives in a foreign country and is subject of the preliminary request for visa, the request for work permission is made by the employer to the respective labour office.

After the reception of the respective approval, the employer presents the individual documents of the employee, translated in Albanian and notarised, to the Directory of Migration in the Ministry of Labour and Social Affairs.

The Directory of the Migration sends this work permissions at the embassy or consular office of the Republic of Albania in the nearest living place of the employee.

Article 30 Timeframe for the issuance or refusal of the work permission

The timeframe for the issuance or refusal of the work permission is no more than 30 days from the date of the presentation of the documentation to the competent organ. In the cases foreseen in article 29 of this law, this timeframe goes until 60 days.

Article 31 Issuance of the work permission for the first time

For an employment that takes place for the first time, the work permission for the foreigners will be given limited in time.

Article 32 Needs of the market

The work permission will be issued taking account of the developments and the needs of the labour market in the Republic of Albania.

Article 33 Priority in the issuance of the work permission

The work permission will be issued without taking account of the situation and the developments of the labour market and without limitations according the article 34 of this law, if the foreigner:

Article 34 Limitations of the work permissions in time and profession

The work permission can be limited or unlimited in time.

The work permission can be limited for the exercise of one certain profession in a certain subject.

The work permission can even be without limitations in the exercise of one certain profession in a certain subject.

Article 35 Extension in space of the work permissions

The work permission, issued according to article 34 paragraph 2 of this law, has validity only in the administrative unit covered by the labour office that has issued its approval.

The work permission issued according to the article 34 paragraph 3 of this law, has unlimited validity in all the territory of the Republic of Albania.

Article 36 Extension in time of the work permissions

The work permission issued according to article 34 paragraph 2 of this law has validity for a timeframe of one year.

The work permission issued according to article 34 paragraph 3 of this law has validity for a timeframe of five years.

Article 37 Types of the work permissions

Work permission of the type A is given to foreigners for a time no longer than six months.

Work permission of the type B is given to the foreigner to be employed in a certain profession, in a certain geographical area, by a certain employer.

Work permission of type B is given for a one year period.

This kind of work permission can be renewed for a one year time frame, when the main circumstances of the issuance of the previous work permission have not changed.

Work permission of type C is given to the foreigners resident in the Republic of Albania, who have obtained work permission of type B, the total validity of which reaches the minimal time frame of three years, during a uninterrupted period of living.

Work permission is given to the foreigners to be employed in any activity and in all the territory of the Republic of Albania, without limitations to certain employer. This type of work permission is given for a five year timeframe.

Work permission of type D (permission of self-employment) is given to the foreign self-employed persons, limiting their activity to a certain geographical area. The duration of this work permission is one year with the right of renewal.

Work permission of type E (permission of self-employment) is given to the foreign self-employed persons for any kind of activity and without geographical limitations, who have obtained consecutive work permission of type (D), the validity of which has the minimal timeframe of three years. This work permission is valid for a timeframe of five years.

Work permissions of type F (for students) is given to the foreign persons who study in Albania for the current school year. This work permission is given only for reduced working hours during the school year and for full working hours during the holidays between the academic years or semesters.

Work permission of type G is given to the foreigners who invest in the Republic of Albania and employ no less than two Albanian citizens for each foreign person employed. The timeframe of this permission is one year with the right of renewal.

Work permission of type H is given to the foreigners who had before consecutive permissions of type G, validity of which reaches the minimal time frame of three years. Work permission of type H is given for a five years timeframe.

Article 38 End of the work permission

The work permission ends when:

Article 39 The renewal of the work permission

The request for the renewal of the work permission, except for the seasonal work permission, is made one month before the end of the of the timeframe of the existing permission. It is renewed within one month if the main circumstances of the issuance of the previous work permission have not changed.

Article 40 The replacing document of the work permission

In cases when the work permission is lost or damaged, it is replaced with a new work permission.

For the period during the which is performed the procedure of the renewal of the work permission, the foreigner will be provided with a temporary work permission, with a validity from the time of the consign of the old work permission until the provision to the foreigner with a new work permission.

Article 41 Exclusions from the obligation of the provision with the work permission.

Are excluded from the provision with the work permission, the following categories:

Article 42 Other exclusions from the obligation of the provision with work permission

It will not be counted as working in the Republic of Albania the person who is employee of a foreign corporation, conserves his residence out of the Republic of Albania, and performs here for a time no longer than six months, the following activities:

Article 43 The reasons of the refusal of the issuance of the work permission

The work permission will be refused if:

Article 44 Appeal

In case of refusal of the work permission the interested person is notified in written.

Within five days from the date of the notification of the refusal, he can complaint in written to the Minister of Labour and Social Affairs, who gives its decision within two weeks from the reception of the request.

Article 45 Sanctions

The sanctions for the violation of the dispositions of this chapter are decided according to law 7986, dated 13.09.1995 "For the State Inspectoriat of the Labour".

CHAPTER V FORCED REMOVAL, RIGHTS AND OBLIGATIONS

EXPULSION OUT OF THE TERRITORY

Article 46 Removal order

The expulsion out of the territory of the Republic of Albania is done:

For the cases foreseen in the provisions of this article, the competent authority in the Ministry of Public Order issues the order of expulsion.

Article 47 Expulsion (forced removal)

The foreigner will be expelled (removed by force) by a special order of the authorities of the Ministry of the Public Order when:

according to the obligations or signed agreements.

Article 48 Place of removal or expulsion and the right of appeal

The foreigner is removed or expelled to the country where he/she has come from, to the country of birth, to the country where he/she has the habitual residence, or to another country that accepts the foreigner.

Against the removal or expulsion decision, the foreigner can make an administrative appeal and an appeal before the court.

Article 49 Cases of exception from expulsion

No foreigner citizen, who has the refugee status or during the examination of the asylum request, will be removed out of the borders of the Republic of Albania towards another country, where his/her life or freedom is threatened because of race, religion, ethnic belonging, political convictions or membership of a particular social or political group.

Also it will not be removed out of the borders of the Republic of Albania those foreign persons for whom there are reasons to believe that his/her life is threatened in the country where he/she will be expelled to.

Article 50 Cases of expulsion by order of the Minister of the Public Order

There can not be expelled without the order of the Minister of Public Order the foreign persons that:

Article 51 Postposal of execution of removal order

The execution of the removal order is postponed until the preparation of the travel documents, visa, etc, as well until the ending of the procedure of the appeal, if the foreigner has made it within the timeframes and the conditions foreseen in this law.

The postposal of the execution of the removal order for more than 45 days is allowed only by decision of the court that is examining the foreigner’s request for the review of the decision.

Article 52 Immediate execution of the removal order

The foreigner can be subjected to the immediate execution of a removal order, despite of article 56 of this law, or is expelled for reasons of security, when:

The advanced execution of the removal order is commanded only by the Minister of the Public Order when it is considered the stay of the foreigner constitutes an immediate danger for the Republic of Albania.

The removal, or the immediate execution of the removal order is not ordered, or is suspended if such a one is given, when the foreigner presents grounded reasons that this order may constitute violation of the agreements or international acts, undersigned by the Republic of Albania.

For cases determined in the third paragraph of this article, the foreigner has to present within three days the request for the order review, which should be examined by the respective authority in the Ministry of the Public Order, no later than 8 days from its presentation.

Article 53 Removal of the foreigner in cases when has committed penal act

The appeal procedure against the removal order of a foreigner that has committed a penal act must end within the period that the foreigner is kept detained or under other security measures.

Article 54 Content of the removal order

The removal order determines:

Article 55 Execution of the removal order

The removal of the foreigner, to whom the removal order is given, is done by the police.

To cover the travel expenses, if necessary, the police authorities can block the money or other foreigner’s means.

Article 56 The administrative and judicial act

The removal order, the refusal of any request, disiplinary measures or penalties, can be appealed before the administrative organs or before court, according to the stipulations of this law. The appeal of the foreigner at the administrative level is examined in a higher instance than the one that examined the matter first. During the examination of the request a consult is done with the organ that issued the removal order or the refusal decision. Except cases of the visas, for the review of a decision that has rejected the issuance of the stay permission, the foreign person pays 50 % of the tariff determined for the stay permission.

Against the decision of the refusal, or the removal order, given after the examination by the administrative organ, appeal can be done before the court within 8 days after the most recent decision, if the foreigner has been legally staying no less than one year in the Republic of Albania.

The persons for whom the removal order is given by an order of the Minister of the Public Order for the reasons determined in article 4 of this law, have no right to appeal before the court, except concerning the place of destination. Before giving such an order, the Minister of Public Order consults with the Consulting Committee for Foreigners. The foreign person object to this order, is given notice one week before his case is examined and is given the possibility to do the presentation of his case, to present complaint and arguments against this order to the Minister of the Public Order.

The examination of the foreigner’s complaint suspends the execution of the removal order for the foreigner and his family, except the cases determined in article 52 of this law.

When the foreigners are given stay permission because of family union, only the main applicant can complain. Also, children over 18 who do not reside with him, as well as the spouse who is divorced before the refusal or removal decision.

For matters of immigration for which appeal before the court is made, the rules foreseen by the Civil Procedure Code will be applied. Although, because of the character of these cases, the examination in all the instances of the court can not take more than 45 days (30 days in the district court and 15 days in the court of appeal).

Article 57 Appeal for the refusal of the entrance at the border

In cases of refusal of entrance at the border, the foreigner has the right to appeal only after he leaves the territory of the Republic of Albania except cases when:

For cases mentioned in items "1" and "2", the foreigner’s complaint is examined within 48 hours.

Article 58 Obligation of the foreigner to prove that he is suitable to enter

When a foreigner has done a request for entrance or stay in the Republic of Albania, he is obliged to prove that he is suitable to enter and to stay in the Republic of Albania under the provision of this law. If he can not prove such a thing, the requested permission can be rejected.

When a foreigner has entered in the Republic of Albania he is obliged to tell from which point he entered as well as the time and the way of entrance. If he does not fulfil these obligations by proofs, it is considered that he has entered Albania illegally.

Article 59 Rights and prohibitions for certain activities

The foreigners can be engaged in social, political, economical, cultural and beneficent activities only in accordance with the Albanian legislation in power. This activity is not allowed to them if:

Article 60 Notification of the relevant authorities by the judicial and the administrative organs.

The administrative and judicial organs shall notify, according to the case, those State authorities that overtake duties for the application of this law, for the following cases:

Article 61 Notification of the police by other subjects

The hotels, boarding houses, as well as other premises of this nature are obliged to keep the record of the foreign persons that they shelter, according to the rules established in the by-laws.

The personal data of a foreigner taken from a doctor or from other physical or legal persons, have to be communicated immediately to the police without the request of this last, when they realise that:

Article 62 Notification in case of detention or arrest of the foreigner

In case of detention or arrest, the authorities of the Ministry of Public Order notify the diplomatic or consular mission of his/her country, or the Office of UNHCR if he/she is a refugee or stateless person.

The notification may not be done, only when an order of the Minister of Public Order is issued for strong reasons of national security or reciprocity reasons.

Article 63 Rights of permanent residents

The permanent residents are not registered at the police but at the civil status office, and if they fulfil the criteria, are provided with identity card and passport for foreigners.

The permanent residents can be employed or exercise activity without the need of being provided with a work permission.

The permanent residents have the right for education and social insurance equally as the Albanian citizens.

Article 64 Obligation of the foreigner to give information

The foreigner can be requested to give information connected with the motive of entrance, stay, and activity in the Republic of Albania, as well as other information that is considered necessary to clarify that the foreigner is not included in the prohibitions foreseen in articles 4 and 5 of this law. The non-appearance or the refusal to fulfil the aforementioned demands may constitute a reason for the refusal or the annulment of as permission or visa issued.

Article 65 Responsibility of the persons that transport the foreigners

The person that has made possible the entrance of a foreigner in the Republic of Albania against the dispositions of this law, is obliged to pay the expenses for the return of the foreigner in his country of origin, to the State that has issued the passport to him, to the State from where he was transported, or to another State where the foreigner has the necessary permission to enter from the authorities of that country.

The owner or the possessor of the vehicle will not be given the license, or will be withdrawn, if he has it, if he does not liquidate the obligation as above within 6 months from the time of notification. Such an obligation is annulled if the foreigner is provided with a stay permission or is given the status of refugee.

The owner or the possessor of a transport vehicle is obliged to present before the Ministry of the Public Order the full and exact list of the foreign persons that he transports.

CHAPTER VI DISPOSITIONS ON ADMINISTRATIVE ASPECTS

Article 66 Registration at the police

Are registered at the police only the foreigners that intend to stay in Albania no less than one year, and when there are absence intervals to a maximum of three months. The registration is done not later than 10 days after the entry in the Republic of Albania. Despite of the stipulation in this paragraph, for reasons of national security and public security, the Minister of the Public Order can order the registration at the police.

Are registered at the police only by order of the Minister of the Public Order the following persons:

Are not registered at the police:

The registration at the police includes the data for the foreign person according to the definition in the by-laws, as well as the finger prints.

Article 67 Card for the foreigners

The Ministry of the Public Order will provide with a card for foreigners to the foreign persons over 16 years old who are resident in Albania for more than one year. This card is renewed every year. For the foreigner that does not possess and can not be provided with a passport for the foreigners, is sufficient the card of the foreigner in the territory of the Republic of Albania.

Article 68 Passport for the foreigners

The rules to provide the foreigners with a passport for foreigners, are established by the Minister of the Public Order. The dispose of such a passport, even when the foreigner leaves temporarily the Republic of Albania, gives him the right to return within the period of validity of this document. The limitations for the movements with these passports are the same then the limitations applied for the Albanian citizens.

The passport for foreigners is valid for two years. Are entitled to be provided with this passport:

Article 69 Replacement of lost documents

The loss of the passport for foreigners, identity card or any other document issued by the authorities of immigration, shall be notified within 24 hours at the issuing authority or at the local police. The foreigner can be provided again after two months with the aforementioned documents, if verifies that the loss has happened for justified reasons.

In case of loss outside the State of the passport for foreigners issued by the Albanian authorities, the Albanian mission outside the State is authorised to provide the foreigners with a pass permission to return to the Republic of Albania, upon confirmation of the immigration authorities for the issuance of this pass permission.

The foreigner has also to notify within three days the loss of other documents issued by the country of origin or another State.

Article 70 Administration of irregular documents

The passports or the suspected or falsified documents, or the passports that can be regular but are not held by the due persons, can be blocked and, except for the falsified documents which are confiscated, are sent to the organ that has issued them through the Ministry of the Foreign Affairs.

The authorities of the Ministry of Public Order can block the passport of the foreigner for the clarification of the doubts for violation of the dispositions of this law. The passport is taken away from the foreigner by means of a formal decision certified by a certification issued to the foreigner for this reason. The foreigner has the right to complain only against the decision, as result of which the passport was taken.

The passport can be blocked, according to the definition in this article, until the beginning of the legal or administrative procedures and is given to the competent organs for these procedures. At the end of these procedures, the passport is given back to the foreigner if:

The card of the foreigner, the stay permission, the work permission, the passport for the foreigners are taken away to the foreigner if they have been declared not valid.

In case of expulsion, the regular passport is given back only at the moment of the departure from the territory of the Republic of Albania.

Article 71 Duties of the authorities of the Ministry of Public Order and of the Police.

The authorities of the Ministry of the Public Order are responsible for the treatment of the foreigners, the issuance of the stay permission, and the issuance of the identity or travel documents of the foreigners according to this law.

The organs of the police at the border have the responsibility of the issuance of the visa at the border, the refusal of the entrance, the return of the foreigners, the annulment of the visa, the prohibition of the departure and other measures regarding the procedures for the foreigners assigned them by the dispositions of this law and the acts for its application.

Article 72 The Counselling Committee for the Foreigners

The Council of Ministers for the issues relating to the foreigners, shall nominate a Counselling Committee for the Foreigners composed of 5 persons. It is recommended for the Head of this Committee to be a well-known lawyer; the Council of Ministers appoints him/her. The employees of the Council of Ministers can not be members of this Committee.

The Committee has the right of requesting from every person information that serves to the exercise of the functions defined on this law. It makes analysis and gives recommendations for the policies followed for the foreigners and their State in the Republic of Albania. This Committee follows the implementation of this law and gives recommendations to the Minister of Public Order.

Article 73 Report of the Minister of Public Order before the People’s Assembly

The Minister of Public Order periodically shall report before the parliamentary commissions. He communicates to them the number, citizenship and nationality of the foreigners who have entered and left, how many of them have obtained stay permission or refugee status, the number of the foreigners that are supposed to have entered illegally and the numbers of those who have left, the number of the foreigners that have been subject of an immediate execution of a expulsion order, the number of the removed or expelled foreigners who according to this law have not had the right of appeal at the court, on the consequences and the effects that different elements of emigration have had relating to the order, public security, economic development, social and human field, and the recommendations for the policy that will be followed in the future.

Article 74 The control of the foreigners

The control of the foreigners who seek to enter or stay in the Republic of Albania is done by the police, which has the right to:

Every foreigner, besides the persons stipulated in paragraph 2 of article 66 of this law, must present themselves to the police for inspection. When a foreigner tents to avoid it, he will be subdued to an accurate control.

Article 75 The measure of the forced accompaniment

The police has the right to take the measure of the forced accompaniment of the foreigner or the placement of an asylum seeker in the transit center for foreigners, if

Article 76 Obligations and limitations for the foreigners

The foreigner’s residence or circulation in a certain area will be limited for reasons of public or national security as it is established in the by-laws.

The foreigner must notify any change of his address within three days.

The foreigner must subdue to the financial control from the finance authorities or other controls authorised by the authorities of emigration, according to the procedures defined by this law.

The foreigner must keep with him and show to the competent authorities the card of the foreigner when this is requested.

The Minister of Public Order can request to the foreigner:

The foreigners with permanent stay permission and refugee status, are excluded from the above mentioned obligations.

Article 77 Administrative contraventions

There will be considered as administrative contraventions, and will be punished with fine, the following cases:

The violations foreseen in the points of this article are sentenced with a fine from 10.000 to 200.000 leks by the police, according to the definitions that will be made in the acts issued for the application of this law.

The examination of the administrative contraventions, the appeal against the decisions of punishment, and the execution of the sentences is made according to the law no. 7697, dated 07.04.1993 "For the administrative contraventions".

Against the decision on the fine it can be presented an appeal at the direct higher administrative organ or at the District Court, the decision of which is final.

FINANCIAL ASPECTS

Article 78 Payment of the warranty for the forefingers

If it is suspected that the foreigner who asks for a visa or stay permission, can become a public burden, the visa or the stay permission can be issued after the foreigner or his guarantor in Albania has paid the warranty in bases of the definitions in the by-laws for the application of this law.

The warranty is paid at the immigration authorities. This sum is given back to the foreigner within four days if he is provided with stay permission, or leaves within the legal timeframes from the Republic of Albania. The Minister of the Public Order can decide this sum to be blocked until the end of the timeframe of a usual stay permission, but no longer than one year from its deposit.

The Minister of Public Order and the Minister of Finance establish every year the financial limits as minimum income for a foreigner, day limit for a tourist or visitor, etc.

Article 79 Taxes for the entrance of the foreigners

The foreigners that enter in the territory of the Republic of Albania pay taxes for all the administrative services according to the Albanian laws in power.

Article 80 Use of the income obtained from the tariffs of the foreigners

The income taken according to the definitions in this law is deposited in the account of the treasure and their use is subject to the rules and principles of the organic budget law.

Article 81 Expenses for the return of the foreigners

The expenses for the return of the foreigners include:

The expenses for the return of a foreigner can be paid by:

The foreigner can be sent back with the expenses of the State which have to be reimbursed in the earliest opportunity according to the dispositions of this article. The immigration authorities shall take the necessary measures against the responsible persons blocking them money, bank documents, tickets or other things of value according to the definitions in the acts for the application of this law, up to the necessary ammount to ensure the coverture of the costs established in the first paragraph of this article.

Article 82 Administration of the data regarding the foreigners

The data or the information gathered, regarding the status and the situation of the foreigner, or in the function of the application of this law, can be passed to other organs of the State or foreign organisations by an authorisation of the Minister of the Public Order. He may not give or may limit what above for the interest of national security or public security.

The informations defined above shall not be passed to other organs or persons if they infringe the private life of the foreigner and are not essentially linked with the scope of the application of the dispositions of this law.

Article 83 Acts for the application of this law

The Minister of Public Order has to prepare and present to the Council of the Ministers the by-laws establishing the rules for:

The Minister of Public Order establishes the rules for the examination or the interview of the foreigners, notification of all the foreigners or of the interested parties, and other issues assigned by the dispositions of this law.

The Minister of Public Order by the proposal of the Counselling Committee for the Foreigners, shall prepare and present to approval before the Council of the Ministers, the by-law with the definition for the countries whose citizens are free from the obligatory previous request for visa or take the visa at the border, as well as for the countries whose citizens are free from the obligation to present a passport at the border.

The Minister of the Foreign Affairs shall prepare and present for approval to the Council of the Ministers the by-law for the provision of the diplomatic and consular personnel, accredited in the Republic of Albania, with diplomatic visa and stay card.

The Minister of Labour and Social Affairs shall prepare and present for approval to the Council of Ministers the by-law for the issuance of the work permissions and the inspection of the questions regarding the employment of the foreigners and the exercise of the business activities.

Article 84 Timeframe of approval of the by-laws

The Council of the Ministers is assigned to approve the by-laws established in article 83 of this law within three months after the entrance in power of this law.

CHAPTER VII FINAL DISPOSITIONS

Article 85 Abrogation of the dispositions of the "Law on Migration"

The dispositions regarding the immigration foreseen in the law no. 7939, dated 25.05.1995 "On Migration" are abrogated.

Article 86 Entrance in power of the law

This law enters in power 15 days after the publication in the Official Paper.

Declared by the decree no. 2394, dated 18.06.1999 of the President of the Republic of Albania, Rexhep Meidani