Tag: immigration

Immigration Proclamation PROCLAMATION NO. 354-2002

PROCLAMATION NO. 354/2002

Immigration Proclamation

WHEREAS, it has become necessary to promulgate a comprehensive immigration law which is compatible with the prevailing current situations;

NOW, THEREFORE, in accordance with Article 55(1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

 

PART ONE

GENERAL

 

  1. 1.           Short Title

 

This Proclamation may be cited as the “Immigration Proclamation No. 354/2003”

  1. 2.           Definitions

In this Proclamation unless the context requires otherwise:

1/      “foreigner” means any person who is not an Ethiopian national;

2/      “authority” means the Security, Immigration and Refugee Affairs Authority;

3/      “ministry” means the Ministry of Foreign Affairs;

4/     “travel document” means any passport or other travel document, issued by the Ministry or the Authority or by a foreign state or international or regional organized by the Government of Ethiopia, bearing the identity and nationality of the holder;

5/   “minor” means a person who has not attained the age of majority as determined under the Civil Code of Ethiopia.

 

PART TWO

ENTRY IN ETHIOPIA

  1. 3.           Requirements

 

1/    Any foreigner who wants to enter Ethiopia shall possess:

(a)     a valid travel document;

(b)   a valid entry visa or permanent residence permit or an identity card

issued by the Ministry if he is covered by Article 14(1) of this Proclamation; and

(c)       health certificate, as may be necessary.

 

2/    A foreigner holding a tourist or transit visa shall, in addition to those specified under Sub-Article (1) of this Article, possess:

 

(a)    a ticket valid for travel from Ethiopia to another country; and

(b)    unless otherwise permitted, a valid visa and health certificate which will enable him to enter the country destination;

3/        A foreigner who is a minor and wants to enter Ethiopia:

(a)            notwithstanding Sub-Article 1(a) and (b) of this Article, may enter Ethiopia  if registered in the travel document of the person who accompanies him;

(b)            if he is traveling alone, he shall have a person who shall assume responsibility for him in Ethiopia.      

  1. 4.          Non-Requirement of Entry Visa

No entry visa may be required to enter Ethiopia where such exemption is provided in any other law or a treaty to which Ethiopia is a party.

  1. 5.        Denial and Cancellation of Entry Visa

An entry visa may be denied or canceled if the applicant or the holder

1/   has no visible means of support or is likely to become a public burden;

2/       is found to be a notorious criminal;

3/       has been declared to be a drug addict;’

 

4/     has been suspected of suffering from a dangerous contagious disease;

 

5/     has been found to be a threat to national security;

 

6/     has furnished false information; or

 

7/    has violated the provisions of this Proclamation or Regulations issued hereunder.

 

PART THREE

DEPARTURE FROM ETHIOPIA

6.       Requirements

  A person departing from Ethiopia shall possess:

1/     a valid travel document;

 

2/     unless otherwise permitted, an entry visa which will enable him to enter the

country of destination; and

 

3/     a health certificate, as may be necessary.

 

  1. 6.        Persons prohibited from Departing from Ethiopia

 

Any person may only be prohibited from departing from departing from Ethiopia by an order of a court given in accordance with the law.

 

PART FOUR

DEPORTATION OF FOREIGNERS FROM ETHIOPIA

 

 

8.       Deportation

 

1/    The Authority may issue a deportation order against a foreigner on any one of

the grounds specified under Article 5 of this Proclamation.

 

2/     The execution of a deportation order issued pursuant to Sub-Article (1) of this

Article shall also include the family members of the deportee other than those

having Ethiopian nationality.

 

3/     The Authority may detain the foreigner against whom the deportation order

is issued until he leaves the country.

 

4/   The order of deportation shall specify the reason for the deportation of the

foreigner, the date of departure and the port of exit.

 

5/    The Authority may, at any time, revoke the deportation order issued against

the foreigner.

 

6/    The foreigner against whom the deportation order is issued shall be

deported to his country of origin or to any other country if such other

country is willing to receive him.

 

7/    The provisions of Sub-Articles (3), (4) and (6) of this Article shall be

applicable with respect to a foreigner against whom a deportation court

order is issued in accordance with the Penal Code.

 

9.       Petition Against Deportation Order

 

1/         A foreigner who is aggrieved by a deportation order issued by the Authority may submit a petition against the order to the Grievance Hearing Committee, composed of representatives of the Ministry, the Ministry of Justice and the Authority, within three working days from the date of receipt of the deportation order.

 

2/     The Committee shall review the petition and submit its recommendation to

the Authority. The decision of the Authority shall be final.

 

3/         The rules of procedures of the Committee shall be prescribed by the

Authority.

10.     Traveling Expenses

1/         A foreigner against whom a deportation order is issued shall cover his

traveling expenses.

 

2/         If the deportee is not willing to cover his expenses in accordance with Sub-Article (1) of this Article, the expenses may be chargeable to his property, accordance to law  if any.

 

PART FIVE

TRAVEL DOCUMENTS AND VISAS

 

11.     Types and Issuance of Travel Documents

 

1/   Travel documents to be issued in accordance with this Proclamation and Regulations issued hereunder shall be the following:

 

(a)    diplomatic passport;

(b)   service passport;

(c)    ordinary passport;

(d)   laissez-passer;

(e)    emergency travel document;

(f)    refugee travel document;

(g)   other travel documents to be prescribed, as may be necessary, by Regulations to be issued hereunder.

 

2/     The travel documents specified under Sub-Articles 1 (a) and (b) of this Article shall be issued by the Ministry.

 

3/      The   travel documents specified under Sub-Articles 1 (c)-(g) of this Article shall be issued by the Authority.

 

4/  The  conditions of issuance of travel documents shall be prescribed by Regulations to be issued under this Proclamation.

 

12.     Types and Issuance of visas

 

             1/    Visas to be issued in accordance with this Proclamation and Regulations issued hereunder shall be the following:

 

(a)      diplomatic visa;

(b)      special visa;

(c)      business visa;

(d)     immigrant visa;

(e)      tourist visa;

(f)       transit visa;

(g)      student visa;

(h)      exit visa;

(i)        re-intry visa;

(j)        other visas to be prescribed by Regulations to be issued under this Proclamation.

2/   The visas specified under Sub-Articles 1 (a) and (b) of this Article shall be   issued by the Ministry.

 

3/    The visas specified under Sub-Articles 1 (c) – (j) of this Article shall be issued    by the Authority.

4/   The conditions of issuance of visas shall be prescribed by Regulations to be

issued under this Proclamation.

 

PART SIX

REGISTRATION OF FOREIGNERS AND RESIDENCE PERMIT

13.     Registration

 

1/      The following persons shall be required to register with the Authority:

 

(a)          all foreigners residing in Ethiopia;

(b)         any foreigner who enters Ethiopia with an immigrant visa, within thirty days of the date of his arrival;

(c)          any foreigner who enters Ethiopia with a business or student visa and intends to stay for more than ninety days, within thirty days of the date of his arrival;

(d)         without prejudice to Article 14 of this Proclamation, any foreigner who enters Ethiopia without a visa pursuant to Article 4 of this Proclamation and intends to stay for more than ninety days, within thirty days from the date of his arrival.

2/     The conditions of registration shall be prescribed by Regulations to be issued

under this Proclamation.

 

14.     Foreigners not Required to Register

 

1/     The following foreigners may not be required to register:

 

a)    diplomats and international civil servants and members of their families

residing in Ethiopia;

b)    a foreigner who is recognized as a refugee by the Government of Ethiopia and the United Nations High Commission for Refugees;

c)   foreigners exempted from registration and residence permit in accordance

with other laws or treaties to which Ethiopia is a party.

2/     A foreigner exempted from registration pursuant to this Article shall obtain

an     identity card issued by the appropriate authority within thirty days from

the date of his arrival.

15.     Issuance of Residence Permit

 

1/       A foreigner who is registered in accordance with Article 13 of this

Proclamation shall be required to obtain a temporary or permanent

residence permit, as the case may be.

 

2/      Minor children shall be entered in the residence permits of their parents.

 

3/       The conditions of issuance of residence permit shall be prescribed by

Regulations to be issued under this Proclamation.

 

PART SEVEN

MISCELLANEOUS PROVISIONS

 

 16.    Immigration Officers

 

1/    There shall be appointed, by the Authority, Immigration officers who shall be

responsible for controlling entries into and departures from Ethiopia.

 

2/     An Immigration Officer appointed in accordance with Sub-Article

(1)     of this Article shall have the power to:

a)      board any conveyance carrying passengers who are entering into or departing from Ethiopia;

 

b)      inspect travel documents, visas and other documents prescribed herein or in Regulations issued hereunder;

c)      detain for investigation;

i.      any person who is attempting to enter or depart from Ethiopia; or

ii.      any foreigner residing in Ethiopia; in violation of the requirements hereof or of any Regulations issued hereunder.

3/      Any person detained by an Immigration Officer pursuant to the provisions of Sub-Article 2 (c) of this Article shall be brought to the competent court without delay in accordance with the law.

17.     Obligations of Carriers

1/     A carrier who carries a foreigner coming to Ethiopia shall ensure that such

foreigner has fulfilled the requirements provided for in Article 3 of this

Proclamation and has disembarked at one of the ports of entry designated by

Regulations issued under this Proclamation.

2/    The person who is in charge of any conveyance arriving from or leaving for

any place outside Ethiopia shall be required to furnish to the concerned

Immigration Officer a list of the names of all persons on board.

 

3/     Without prejudice to Sub-Article 1 (a) and (2) of Article 20 of this

Proclamation, a carrier who has violated the provisions of Sub-Article (1) of    this Article shall be obliged to return the foreigner at his own expense.

18.     Information Required from Hotels and lodging houses

Hotel and lodging houses which rent rooms to foreigners on daily basis or otherwise shall have the obligation to require all foreigners to furnish the necessary information and submit same to the concerned body, as prescribed in Regulations issued hereunder.

19.     Fees

1/     Without prejudice to Sub-Articles (2) and (3) of this Article, fees to be paid for travel documents, visas, registration, residence permits and other services shall be determined by Regulations to be issued under this Proclamation.

 

2/     No fees shall be paid for diplomatic and service passports and visas.

3/       Exemption from payment of fees may be granted in accordance with the law or treaties.

 20.    Penalty

1/    Unless higher penalties are provided for in the Penal Code:

(a) any person who enters or leaves Ethiopia in violation of the provisions of Article 3 or 6 of this Proclamation or who is an accomplice in the commission of such offence is punishable with imprisonment not exceeding three years or a fine not exceeding ten thousand Birr or both;

(b) without prejudice to the provisions of Article 14 of this Proclamation, any foreigner who lives in Ethiopia without having a valid residence permit or any person who assists such foreigner to stay or live in Ethiopia  knowing that the foreigner is required to have a residence permit is punishable with imprisonment not exceeding three years or a fine not exceeding ten thousand Birr or both;

(c) any person who is found guilty of other offences by violating the provisions of this Proclamation and Regulations issued hereunder is punishable with imprisonment not exceeding one year or a fine not exceeding five thousand Birr or both.

2/    If the person found guilty of committing the offence provided for in Sub Article

1 (a),(b) or (c) of this Article is a legal person, the maximum punishment of fine

shall be raised by four times.

21.     Issuance of Regulations

The Council of Ministers may issue Regulations for the proper implementation of this Proclamation.

22.     Repeal

The Issuance of Travel Documents and Visas and Registration of Foreigners in Ethiopia Proclamation No. 271/1969 is hereby repealed.

23      Transitory Provision

No Ethiopian may, within one year from the effective date of this Proclamation, depart from Ethiopia unless he is in possession of a valid exit visa in addition to those specified under Article 6 of this Proclamation.

24.     Effective Date

This Proclamation shall come into force as of the 3rd day of July, 2003.

Done at Addis Ababa, this 3rd day of July, 2003.

GIRMA WOLD EGIORGIS

 

PRESIDENT OF THE FEDERAL

DEMOCRATIC REPUBLIC OF ETHIOPIA

Ethiopian Nationality Law Proclamation No. 378/2003

PROCLAMATION NO. 378/2003.

A PROCLAMATION ON ETHIOPIAN NATIONALITY

 

      WHEREAS, it has become necessary to promulgate a comprehensive new nationality law which is consistent with the provisions of the Constitution;

NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:

PART ONE

GENERAL

 

1.   Short Title

      This Proclamation may be cited as the   “Ethiopian

Nationality Proclamation No. 378/2003.”

2.    Definitions

      In this proclamation unless the context  requires otherwise:

1/     “foreigner” means a person who is not an    Ethiopian national;

2/     “domicile” means the residence of a person as

defined under Article 183 of the Civil Code of

Ethiopia;

3/     the term “child” includes an adopted child

4/  “minor” means a person who has not attained the age of majority as determined under the Civil Code of Ethiopia;

 

5/        “Authority ” means the Security, Immigration

and Refugee Affairs Authority.

PART TWO

ACQUISITION OF ETHIOPIAN NATIONALITY

 

 3.   Acquisition by Descent

1/   Any person shall be an Ethiopian national by    descent   where both or either of his parent is Ethiopian.

2/ An infant who is found abandoned in Ethiopia shall,       unless proved to have a foreign nationality, be  deemed   to have been born to an Ethiopian parent and shall  acquire Ethiopian nationality.

4.    Acquisition By Law

Any foreigner may acquire Ethiopian nationality by law

in accordance with the provisions of  Articles  5-12 of this Proclamation.

5.    Conditions To Be Fulfilled

       A foreigner who applies to acquire Ethiopian nationality

By law shall:

1/    have attained the age of majority and be legally

capable under the Ethiopian law;

2/     have established his domicile in Ethiopia and have

lived in Ethiopia for a total of at least four years preceding the submission of his application;

3/     be able to communicate in any one of the languages

of   the nations/nationalities of the Country;

4/      have sufficient and lawful source of income to

maintain   himself and his family;

5/      be a person of good character;

6/      have no record of criminal conviction;

7/      be able to show that he has been released from his

previous nationality or the possibility of obtaining

such a release upon the acquisition of Ethiopian

nationality or that he is a stateless person; and

8/   be required to take the oath of allegiance stated under   Article 12 of this Proclamation.

6.   Cases of Marriage

A foreigner who is married to an Ethiopian national may

acquire Ethiopian nationality by law if:

1/     the marriage is concluded in accordance with the

Ethiopian laws or in accordance with the laws of any other country where the marriage is contracted;

2/      there is a lapse of at least two years since the  conclusion of the marriage;

3/      he has lived in Ethiopia for at least one year

preceding the submission of his application; and

 

4/    he fulfilled the conditions stated under Sub-Articles (1), (7)  and (8) of Article 5 of this Proclamation

7. Cases of Adoption

An child adopted by Ethiopian national  may acquire Ethiopian nationality by law if:

1/    he has not attained the age of majority;

2/    he lives in Ethiopia together with his adopting  parent;

3/   Where one of his adopting parents is a foreigner,  such parent has expressed his consent in writing; and

4/    the condition stated under Article 5(7) of this  Proclamation has been fulfilled.

8. Special Cases

A foreigner who has made an outstanding contribution in

the interest of Ethiopia may be conferred with Ethiopian

Nationality by law irrespective of the conditions stated under Sub-Articles (2) and (3) of     Article 5 of this Proclamation.

9.  Children of a Naturalized Person

     1/  A person who has acquired Ethiopian Nationality

by law  may apply for the  his minor child living with him in Ethiopia; provided, however, that where  the applicant is the only naturalized parent, the  consent of both parents shall be required for  naturalization of the child.

2/ A child whose application for naturalization has been submitted in accordance with Sub-Article (1)  of this Article shall be conferred with Ethiopian    nationality where the applicant is able to show that the child is released from his previous nationality or the possibility of obtaining such release.

10. Submission of Application for Naturalization

      1/   An application to obtain Ethiopian nationality   by law shall be accompanied with relevant documents and shall be submitted  to the Authority.

2/   An application for the naturalization of a minor

child shall be submitted by his parents.

 

11.   Examining and Deciding upon an Application

        1/  An application to obtain Ethiopian nationality by law shall be examined by the Nationality Affairs Committee established under Article 23 of this Proclamation.

2/ The Committee shall submit its recommendation     to the Authority, following the examination of the application and documents submitted to it as well as such other additional information furnished on its demand.

 

3/  Where the recommendation of the Committee for naturalization obtains the approval of the Authority, the applicant shall be required to  appear before the Committee to take the oath of allegiance stated under Article 12 of this Proclamation and shall be issued with a certificate of naturalization.

 

12.   Oath of Allegiance

Any person to be conferred with Ethiopian nationality    by law shall, if he has attained the age of majority, take the following oath of allegiance:

 

“ I – – – -, solemnly affirm that I will be a loyal national of the Federal Democratic Republic of Ethiopia and be faithful to its Constitution”.

 

13.   National Identity Card

        1/      Any Ethiopian national, if he has attained the age of   majority, shall be issued with a national identity card.

2/    Minor children shall be entered in the national

identity cards of their parents.

3/    National identity cards shall be issued by the

Authority or by any office delegated by the

Authority.

 

PART THREE

RIGHTS OF NATIONALITY

14.    State Protection

1/     The State shall protect the rights and lawful interests of its nationals.

2/   The State shall take such measures as may be

necessary to ensure the protection of the rights  and lawful interests of its nationals residing  abroad.

 

15.     Non-Extradition

          No Ethiopian national may be extradited to another        state.

 

16.     Change of Nationality

Any Ethiopian national shall, subject to the provisions of  Article 19 of this Proclamation, have the right to change his nationality.

 

17.     Non-Deprivation of Nationality

          No Ethiopian may be deprived of his nationality by the   decision of any government authority unless he loses  his Ethiopian nationality under Article 19 or 20 of this Proclamation.

 

18.      Equality of Nationals

           All Ethiopian nationals shall have equal rights and

obligations of citizenship regardless of the manner in which nationality is obtained.

PART FOUR

LOSS OF ETHIOPIAN NATIONALITY

 

19.    Renunciation of Ethiopian Nationality

         1/     Any Ethiopian who has acquired or has been    guaranteed the acquisition of the nationality of  another state shall have the right to renounce his

Ethiopian nationality.

2/       An Ethiopian who intends to renounce his

nationality in accordance with this Article Sub Article (1) shall in advance inform the Authority in the form prescribed by the Authority.

3/      The renunciation of the nationality of a minor child pursuant to Sub-Article (1) of this Article  shall be effected by the joint decision of his parents or, where one of his parents is a  foreigner, by the decision of the Ethiopian parent.

4/     An Ethiopian who has declared his intention to

renounce his nationality may not be released  until:

a)    he has discharged his outstanding national

obligations; or

b)       where he has been accused of or convicted for a crime, he has been acquitted or served the penalty.

5/  The Authority shall, upon ascertaining that the

provisions of this Article are complied with,

issue the applicant with a certificate stating the

effective date of his release.

6/   Any Ethiopian who is not issued with a certificate of release in accordance with Sub-Article (5) of this Article shall have the right to appeal to the competent court.

20.   Loss of Ethiopian Nationality upon Acquisition

        of Other Nationality

1/    Without prejudice to the provisions of Article 19  (4) of this Proclamation, any Ethiopian who   voluntarily acquires another nationality shall be

deemed to have voluntarily renounced his Ethiopian  nationality.

2/     An Ethiopian who acquires another nationality  by virtue of being born to a parent having a  foreign nationality or by being born abroad shall be deemed to have voluntarily renounced his  Ethiopian nationality unless he has declared to the Authority his option to retain it by  renouncing his other nationality within one year after attaining the age of majority, or unless there has been an earlier express renunciation of his Ethiopian nationality pursuant to Article 19 (3) of  this Proclamation.

3/   An Ethiopian who acquires, in the absence of his own   initiative, another nationality by the operation of the law in connection with any ground other than those specified under Sub-Article /2/ of this Article shall be deemed to have voluntarily renounced his Ethiopian  nationality, if he:

 

 

 

a)       Starts exercising the rights conferred to such   acquired nationality or

b)       fails to declare his option to the Authority to    retain his Ethiopian nationality by renouncing  his other nationality within a period of one year.

4/  A person who retains another nationality in addition to Ethiopian nationality shall be considered solely an Ethiopian national until the loss of his Ethiopian nationality pursuant to Sub-Articles (2) or (3) of this Article.

 

21.  Effects of Loss of Nationality on Spouses and Children

 

A person’s loss of Ethiopian nationality shall have no effect on the nationalities of  his spouse and children.

 

22.   Re-Admission to Ethiopian Nationality

1/  A person who was an Ethiopian national and who has acquired foreign nationality by law shall be re-admitted to Ethiopian nationality if he:

 

a)   returns to domicile in Ethiopia;

b)   renounces his foreign nationality; and

c)   applies to the Authority for re-admission.

 

2/  The provisions of Sub-Article (1) of this Article shall   also apply to a person who has lost his Ethiopian nationality pursuant to Article 20 (2) of this Proclamation.

PART FIVE

MISCELLANEOUS PROVISIONS

23.    Nationality Affairs Committee

1/  A nationality Affairs Committee comprising the  following members shall be formed:

a) a representative of the Authority . . . .. chairperson

b) a representative of the Ministry   of Foreign

Affairs . . . . . . . . ……………….. ……. member

c) a representative of the Ministry of Justice. …………………. . . . . . . . . . . .  .   member

d)  a representative of the Federal Police

Commission. . . . . . . …………………… member

e) a representative of the Authority……………             …….………………………member and secretary

2/   The Committee shall have the following powers and duties to:

a)    examine applications to obtain Ethiopian Nationality by law;

b)  examine evidences submitted by a person for the rebuttal of his presumed renunciation of Ethiopian nationality pursuant to Article 20 of this Proclamation;

c)  ascertain that the requirements stated under Article 22 of this Proclamation are fulfilled when an application for re-admission to Ethiopian nationality has been submitted.

3/   The committee shall consider any case in accordance with Sub-Article (2) of the Article when it is referred to it by the Authority. The Committee shall also submit its findings and recommendations to the Authority.

4/    The Committee shall meet as frequently as its duties require.

5/    There shall be a quorum where more than half of the members of the Committee are present at a meeting

6/    Any decision of the Committee shall be adopted by a majority vote; in case of a tie, the chairperson shall have a casting vote.

7/    Without prejudice to the provisions of this Article, the Committee may adopt its own rules of procedure.

 

24.    Powers to Issue Regulations and Directives

1/ The Council of ministers may issue regulations necessary for the proper implementation of this Proclamation.

2/    The Authority may issue detailed directives necessary for the proper implementation of this Proclamation.

 

25.    Repeal

The Ethiopian Nationality Law of 1930 (as amended) is hereby repealed.

 

26.   Transitory Provisions

Any person who has retained, until the coming into force of this Proclamation, his Ethiopian nationality pursuant to the former Nationality Law shall continue to be an Ethiopian national.

 

27.     Effective Date

This Proclamation shall enter into force as of the 23rd   day of December, 2003.

 

Done at Addis Ababa, this 23rd day of December, 2003.

 

GIRMA WOLDEGIORGIS

PRESIDENT OF THE FEDERAL DEMOCRATIC

REPUBLIC OF ETHIOPIA