Law on Inspection of Migrants (1998)

LAW OF GEORGIA ON INSPECTION OF MIGRANTS

This Law creates bases for regulation and control of immigration and emigration processes, establishes a unified form for registration of migrants entering and leaving Georgia and migrants' inspection, considering revival of transit function of Georgia, prospective of the country development, international practice, concept of the country migration policy and the universally recognized international legal norms of human rights protection.         

Chapter I

General Provisions

Article 1. Inspection of migrants

Inspection of migrants is a means of control and administration of immigration and emigration processes during which the following procedures take place:

a) registration of migrants on the basis of a migrant's card;

b) reveal of unlawful migrants.

Article 2. Interpretation of terms

The terms used in this Law have the following meaning:

a) immigration-process of entering the country by migrants;

b) emigration-process of leaving the country by migrants;

c) migrant-a person participating in the immigration and emigration processes;

d) transit migration-process of migrants moving from one country to another through a third country (countries); 

e) migration control-process of protection of the immigration quota established in the country and suppression of unlawful migration; 

f) unlawful migrant-a person who entered or is in the country with the violation of the legislation;

g) deportation-a process of migrants eviction from the country.  

Article 3. Legislation on inspection of migrants

Legislation on inspection of migrants is determined by the Georgian Constitution, international agreements and treaties of Georgia, this Law and other normative acts.

Article 4. Operation Sphere of the Law

The Law on Inspection of Migrants is applied to:

a) aliens having a visa for entering Georgia;

b) aliens who are entitled to enter Georgia without a visa in cases envisaged by the international agreements of Georgia;

c) persons permanently living in Georgia (Georgian citizens, stateless persons, immigrants) who are leaving Georgia.      

Article 5. Migrant's Card

1. Registration and inspection of migrants is executed by a migrant's card.

2. A migrant's card is used for statistical registration of persons permanently living in Georgia who are leaving Georgia and control of aliens' entry, stay and leaving Georgia.

3. The form and issue procedures of a migrant's card are elaborated and approved by the Ministry of Refugees and Settlement of Georgia.

4. The Ministry of Refugees and Settlement of Georgia creates immigration and emigration information bank on the basis of a migrant's card information.

Article 6. Binding Nature of Producing a Migrant's Card by Migrants

All migrants entering or leaving Georgia are obliged to fill in and have a migrant’s card and produce it to the competent person at immediately his request.

Article 7. Validity term of a migrant’s card

1. A migrant’s card validity term for aliens who are obliged to have a visa for entering Georgia is the staying and activities term specified by the migrant in the card, which should not exceed the validity term of the visa.

2. A migrant’s card validity term for aliens who are not obliged to have a visa is the staying term specified by the migrant in the card, which should not exceed one year. After the expiration of this term, a migrant is obliged to be registered in the appropriate body of the Ministry of Internal Affairs of Georgia

3. The Ministry of Refugees and Settlement of Georgia elaborates and the President of Georgia approves procedure for reduction and prolongation of the migrant’s card validity term.

Article 8. Bodies executing inspection of migrants and resources necessary for inspection

1. The Ministry of Refugees and Settlement of Georgia executes inspection of migrants at the frontier posts for the State Department of Frontiers Protection and on the territory of the country-on the principle of delegation of this function to the Ministry of Internal Affairs of Georgia.

2. The President of Georgia approves the rules of interaction of the Ministry of Refugees and Settlement of Georgia and other state services during the inspection.

3. Resources necessary for inspection of migrants and deportation of unlawful migrants are allotted from the State Budget of Georgia.

Article 9. Exemption from inspection of migrants

Free from the inspection are:

a) heads and employees of foreign diplomatic and consular representatives as well as the persons enjoying privileges and immunity according to the Georgian legislation and international agreements of Georgia; 

b) passengers of international airlines-transit migrants who are prohibited to leave the territory of the airport.

Article 10. Amount of migrants’ inspection duty and payment rules

The amount of the migrants’ inspection duty and the payment rules are established by the Law of Georgia on “Migrants’ Inspection Duty”.

Article 11. Aliens’ responsibility for violation of the term of their stay in Georgia

Aliens’ responsibility for violation of the term of their stay in Georgia is determined by the Georgian legislation.

Chapter II

Transitional Provisions

Article 12. Normative acts to be adopted concerning enactment of this Law

Until the enactment of this Law, the Ministry of Refugees and Settlement of Georgia should elaborate:

a) the form and issue procedure of a migrant’s card;

b) rules of use of immigration and emigration information bank;

c) statute on inspection of migrants at the frontier posts - in co-operation with the State Department of Frontiers Protection;

d) statute on inspection of migrants on the territory of Georgia-in co-operation with the Ministry of Internal Affairs of Georgia;

e) rules for reduction and prolongation of the migrant’s card validity term.

Chapter III

Conclusive Provision

Article 13. Enactment of the Law

This Law comes into force from September 1, 1998.

President of Georgia

Eduard Shevardnadze

Tbilisi,

June 26, 1998

AMENDMENTS AND ADDENDA TO THE LAW OF GEORGIA  ON INSPECTION OF MIGRANTS

The Parliament of Georgia resolves:

I. Sub-item d) with the following contents should be added to Article 4 of the Law of Georgia on "Inspection of Migrants"(Parlamentis Utskhebani, #25-26, 15.07.1998):

"d) tourists entering and leaving Georgia."

II. This Law comes into force from January 1.

President of Georgia

Eduard Shevardnadze

Tbilisi, 24.12.98