LAW OF GEORGIA ON COMPATRIOTS/EXPATRIATES RESIDING ABROAD AND DIASPORA ORGANIZATIONS

Transcription

1 LAW OF GEORGIA ON COMPATRIOTS/EXPATRIATES RESIDING ABROAD AND DIASPORA ORGANIZATIONS ARTICLE 1. PURPOSE OF LAW The purpose hereof is to define the principles of the state policy of Georgia with respect to compatriots/expatriates residing abroad and establish the basics of activities to be carried out by the state authorities of Georgia for the purpose of implementation of such same policy, as well as to specify the legal status of a compatriot/expatriate residing abroad and a diaspora organization. ARTICLE 2. PRINCIPLES OF STATE POLICY OF GEORGIA WITH RESPECT TO COMPATRIOTS/EXPATRIATES RESIDING ABROAD Georgia shall in the course of implementation of the state policy with respect to the compatriots/expatriates residing abroad relay on generally recognized principles and norms of international law, including those of non-interference in the internal affairs of other countries and protection of human rights and freedoms. 2. Georgian state shall encourage the compatriots/expatriates residing abroad in maintaining contacts with Georgia, and retaining national identity and returning to Georgia. ARTICLE 3. DEFINITION OF TERMS The terms applied herein shall have the following meanings: a) Applicant for the status of the compatriot/expatriate residing abroad a person who requests to receive the status of the compatriot residing abroad in the manner prescribed hereby; b) Compatriot/expatriate residing abroad a citizen of Georgia, who resides in other state for a long period of time, or a citizen of other state, who is of Georgian descent or/and whose native language belongs to the Georgian-Caucasian language group; c) Georgian descent when a person or his/her ancestor belongs to any ethnic group living within the territory of Georgia, and recognizes Georgia as own country of origin; d) Ancestor five generations of a person s ascending line; e) Close relatives wife/husband and child of a compatriot/expatriate residing abroad; f) Honorary Representative of Georgia on Diaspora Issues a person appointed by the head of corresponding state authority, who shall provide for general co-ordination of relationship between Georgian state and the diaspora in any other state (state of residence) and who shall hereunder be provided with the status of the compatriot /expatriate residing abroad; g) Diaspora organization a community established pursuant to the laws of the state of residence, for the purpose of popularization of Georgian culture, national language and traditions, initiation of communication between the diasporas, cooperation with Georgia in cultural, scientific and technical, and other fields; h) Register of Diaspora Organizations at corresponding state authority (hereinafter referred to as the Register) - database on the diaspora organizations, created at corresponding state authority with the view of systematization of activities of the diaspora organizations; i) Diaspora integrity of the compatriots/expatriates residing abroad. ARTICLE 4. CONDITIONS OF OBTAINING STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD

2 1. The status of the compatriot/expatriate residing abroad may hereunder be granted to an adult in the event that such same person is: a) a citizen of Georgia, who resides abroad within a long period of time; b) a citizen of any other country, who is of Georgian descent or/and whose native language belongs to the Georgian-Caucasian language group. 2. The applicant for the status of the compatriot/expatriate residing abroad shall corroborate his/her Georgian descent or/and attribution of his/her native language to the Georgian- Caucasian language group by means of the document or the evidence specified in subparagraph e of the first paragraph of the 5 th Article hereof, or by the compatriots/expatriates residing abroad or the witnesses who are the citizens of Georgia, or by public organizations that are concerned with issues associated with the compatriots/expatriates residing abroad. 3. A juvenile shall obtain the status of the compatriot/expatriate residing abroad subject to his/her parents application thereto, in the event that one of the parents is a compatriot/expatriate residing abroad. 4. The President of Georgia shall proprio motu or at the suggestion of the head of corresponding state authority, in some instances, without observing the procedure established under the present Article be entitled to grant the status of the compatriot/expatriate residing abroad to a person subject to the documents specified in subparagraphs a, b, and g of the first paragraph of the 5 th Article hereof only. ARTICLE 5. DOCUMENTS NECESSARY FOR GRANTING STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. The applicant for the status of the compatriot/expatriate residing abroad shall along with appropriate application thereto present: a) 2 photographs; b) Passport or any other identity document; c) Birth certificate or a substitute thereof; d) Autobiography; e) Document or evidence that is to corroborate his/her Georgian descent or/and attribution of his/her native language to the Georgian-Caucasian language group; f) Motivation (cover) letter; g) Document confirming the payment of appropriate fee for the services rendered by Civil Registry Agency (hereinafter referred to as the Agency) a public law legal entity operating under the management of Ministry of Justice of Georgia. 2. The documents specified in the first paragraph of the present Article may be attached with a characterization-petition issued by a public organization, a member of which is the applicant for the status of the compatriot/expatriate residing abroad. 3. The application form to be submitted with the view of obtaining the status of the compatriot/expatriate residing abroad shall be approved by the Minister of Justice of Georgia. ARTICLE 6. PROCEDURE OF GRANTING STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. The applicant for the status of the compatriot/expatriate residing abroad shall for the purpose of obtaining this same status submit the application thereto to the Agency personally or through a representative. A person residing abroad shall be entitled to submit such same application either to the Georgian diplomatic representation or consulate department abroad, which will as soon as possible deliver such same application to the Agency. 2

3 2. The application may be filed in electronic form, via completion of the form thereof available on the Agency s website. 3. The application form shall be filled in Georgian or/and English language(s). 4. In the event that the Agency reveals that the documents submitted by the applicant for the status of the compatriot/expatriate residing abroad are of incomplete nature, such same applicant shall be provided with a reasonable time period in order to eliminate such same omission. In the event of failure to file suitable documents within the aforesaid time period established by the Agency thereto, the latter shall be entitled to leave the application unconsidered. 5. The Agency shall verify the documents submitted and the conformity thereof to the requirements stipulated under the first paragraph of the 5 th Article hereof. The Agency shall for this purpose and within 10 working days the application is received communicate appropriate instruments to corresponding state authority in order to conclude on the Georgian descent of the applicant for the status of the compatriot/expatriate residing abroad or/and attribution of such same person s native language to the Georgian-Caucasian language group, as well as to Ministry of Internal Affairs of Georgia to conclude on the expedience of granting the status of the compatriot/expatriate residing abroad to such same applicant subject to protection of state interests and/or public safety. 6. A suitable commission composed of appropriate qualified experts inclusive of those the linguists shall with the view of conclusion on the Georgian descent of the applicant for the status of the compatriot/expatriate residing abroad or/and attribution of such same person s native language to the Georgian-Caucasian language group be established at corresponding state authority. The authorities and operation procedure of such same commission shall be determined under appropriate order of the head of corresponding state authority. 7. The aforesaid state authority and Ministry of Internal Affairs of Georgia shall be obliged to render own conclusions to the Agency within 60 days appropriate instruments are received. 8. Failure of Ministry of Internal Affairs of Georgia to render own conclusion to the Agency within 60 days the instruments shown in the 5 th paragraph of the present Article are received shall be deemed to be the absence of reasons for refusal to grant the status of the compatriot/expatriate residing abroad subject to protection of state interests and/or public safety. Failure of the Agency to arrive at a decision within 80 days the application is received due to failure of Ministry of Internal Affairs of Georgia to render own conclusion to the Agency within 60 days the instruments shown in the 5 th paragraph of the present Article are received shall be deemed to be the refusal to grant the status of the compatriot/expatriate residing abroad to the applicant. 9. In the event that the applicant for the status of the compatriot/expatriate residing abroad meets all the requirements specified in the first paragraph of the 5 th Article hereof, the Agency shall issue suitable certificate confirming the status of the compatriot/expatriate residing abroad to such same person. 10. Close relatives of the applicant for the status of the compatriot/expatriate residing abroad shall as well be entitled to obtain the status of the compatriot/expatriate residing abroad. Such same persons shall be obliged to produce neither the documents nor the evidences specified in subparagraph e of the first paragraph of the 5 th Article hereof. 11. The Agency shall consider the application on obtaining the status of the compatriot/expatriate residing abroad and arrive at a decision thereon within 80 days such same application is received. 3

4 12. The fee for the Agency s services rendered on granting the status of the compatriot/expatriate residing abroad and issuing appropriate certificate thereof shall be defined in accordance with the laws of Georgia. 13. The Agency shall communicate with the applicant for the status of the compatriot/expatriate residing abroad via publication of corresponding notification on the Agency s website. Such same applicant shall at rendering the application to the Agency be entitled to specify an additional way of communication with the Agency . In the event that such same is specified, communication with such same applicant shall be implemented via the Agency s web site and suitable address. ARTICLE 7. BASIS FOR REAPPLYING TO AGENCY WITH THE VIEW OF OBTAINING STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. The applicant for the status of the compatriot/expatriate residing abroad in the event of refusal to obtain such same status and such same refusal is to occur with reference to the provisions stipulated under subparagraph c of the first paragraph of the 9 th Article hereof shall be entitled to reapply to the Agency after expiration of a 6-month time period such same refusal has been rendered. 2. Person that is an applicant for the status of the compatriot/expatriate residing abroad in the event of refusal to obtain such same status and such same refusal is to occur with reference to the provisions stipulated under subparagraphs a or b of the first paragraph of the 9 th Article hereof, or such same status of a person residing abroad is withdrawn with reference to the provisions stipulated under subparagraphs a, b or c of the first paragraph of the 10 th Article hereof shall not be entitled to reapply to the Agency with a view to obtain the status of the compatriot/expatriate residing abroad. ARTICLE 8. CERTIFICATE CONFIRMING STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. The certificate confirming the status of the compatriot/expatriate residing abroad is a document that confirms the legal status of the compatriot/expatriate residing abroad. 2. The certificate confirming the status of the compatriot/expatriate residing abroad shall along with suitable photograph of the holder thereof be including the following particulars: a) Name, surname; b) Date of birth; c) Place of birth; d) Personal number assigned by the Agency; e) Personal signature; f) Citizenship; g) Name of authority that issues the certificate; h) Signature of authorized person; i) Date of issuance and validity term of the certificate; j) Certificate number; k) Seal. 3. The form of certificate confirming the status of the compatriot/expatriate residing abroad and the procedures of issuance and withdrawal thereof shall be determined by the Minister of Justice of Georgia. 4. The certificate confirming the status of the compatriot/expatriate residing abroad shall to persons that are at up to 20 years of age be issued for 3 years, persons that are at from 20 to 65 4

5 years of age for 10 years, and persons that are at more than 65 years of age - in perpetuity. In the event of expiration of the validity term of the certificate confirming the status of the compatriot/expatriate residing abroad, appropriate person shall apply to the Agency with the request of issuing a new certificate. 5. In the event of change of name, surname or citizenship or an omission in corresponding entries, the holder of such same certificate confirming the status of the compatriot/expatriate residing abroad shall be obliged to notify either the Agency or corresponding state authority thereon within a 30-day time period. In such same event a new certificate shall be issued to such same person. 6. Person shall be entitled to replace the certificate confirming the status of the compatriot/expatriate residing abroad in the event of: a) Expiration of the validity term of the certificate: b) Unfitness (deterioration, damage) or loss of the certificate; 7. The certificate confirming the status of the compatriot/expatriate residing abroad shall in the event of withdrawal of corresponding status of the compatriot residing abroad be null and void. ARTICLE 9. GROUNDS FOR REFUSAL TO GRANT STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. The grounds for refusal to grant the status of the compatriot/expatriate residing abroad shall be as follows: a) Corresponding authority s conclusion on activities carried out by the applicant for the status of the compatriot/expatriate residing abroad against the interests of Georgia or a conclusion of Ministry of Internal Affairs of Georgia on an inexpediency of granting such same status to such same person subject to the protection of the state security and/or public safety; b) Submission of inaccurate data or false documents by corresponding person with a view to obtain the status of the compatriot/expatriate residing abroad; c) Failure to meet the requirements on acquisition of the status of the compatriot/expatriate residing abroad, specified in the first paragraph of the 5 th Article hereof. 2. The applicant shall in the event of negative decision be informed concerning the refusal to grant the status of the compatriots/expatriates residing abroad. 3. The Agency shall not be obliged to validate such same decision made on the refusal to grant the status of the compatriot/expatriate residing abroad. 4. Such same negative decision on the refusal to grant the status of the compatriot/expatriate residing abroad may in the manner prescribed by the laws of Georgia be appealed in the court. ARTICLE 10. GROUNDS FOR WITHDRAWAL OF STATUS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. The grounds for withdrawal of the status of the compatriot/expatriate residing abroad shall be as follows: a) Submission of inaccurate data or false documents by corresponding person with a view to obtain the status of the compatriot/expatriate residing abroad; b) Fulfillment by corresponding person of an activity specified in subparagraph a of the first paragraph of the 9 th Article hereof; c) Submission of an application on withdrawal of the status of the compatriot/expatriate residing abroad by a compatriot/expatriate residing abroad; 5

6 d) Return of a compatriot/expatriate residing abroad to permanent residence to Georgia. 2. The Agency shall in the event that any of the circumstances stipulated under the first paragraph of the present Article are discovered be entitled to arrive proprio motu and immediately at a decision on the withdrawal of the status of the compatriot/expatriate residing abroad. 3. In the event that a person has the status of the compatriot/expatriate residing abroad been granted at the instigation of the President of Georgia, an issue on the withdrawal of the status of such same person shall be resolved under appropriate decision of the President of Georgia thereon. 4. In the event of the withdrawal of the status of the compatriot/expatriate residing abroad, appropriate person shall at the same time be deprived of the certificate confirming such same status. 5. Ministry of Internal Affairs of Georgia, Ministry of Foreign Affairs of Georgia and corresponding state authority are subject to be notified on the withdrawal of the status of the compatriot/expatriate residing abroad. ARTICLE 11. RIGHTS OF COMPATRIOT/EXPATRIATE RESIDING ABROAD 1. A citizen of other country, which holds the status of the compatriot/expatriate residing abroad shall at a legally stay within Georgia exercise the rights and freedoms prescribed by in the Law of Georgia On Legal Status of Foreigners". Furthermore, such same person shall have the following privileges: a) Participation in sports competitions on behalf of Georgia, in the National Team of Georgia, in the event of a consent of corresponding International Sports Federation thereto; b) Crossing the state boundary of Georgia without visa thereto and stay within Georgia for at least a 30-day time period, in the event he/she is a citizen of the country the citizens of which should hold Georgian entry visa; c) Payment of the service fees at reduced rates stipulated under the Law of Georgia On fees established on services rendered by Civil Registry Agency, when filing the application on the nationality of Georgia; d) Acquiring secondary and higher education in Georgia, under the state financing, in the manner prescribed by the laws. 2. The compatriots/expatriates residing abroad may participate in special purpose programs funded by Georgian state and designed for the diaspora. ARTICLE 12. COMPETENCE OF CORRESPONDING STATE AUTHORITY 1. Common co-ordination of the activities of the diaspora organizations and the compatriots/expatriates residing abroad shall be carried out by corresponding state authority. 2. The main objectives and duties of corresponding state authority shall be defined by appropriate resolution of the Government of Georgia. ARTICLE 13. HONORARY REPRESENTATIVE OF GEORGIA ON DIASPORA ISSUES 1. The Honorary Representative of Georgia on Diaspora Issues shall for a 3-year time period be appointed and then dismissed by the head of corresponding state authority. Such same time period may for the same term be prolonged under suitable decision of the head of corresponding state authority. 2. The Honorary Representative of Georgia on Diaspora Issues may be appointed for whole territory or a part of a country, where the compatriots/expatriates residing abroad are 6

7 compactly populated. One Honorary Representative of Georgia on Diaspora Issues may be appointed for several countries. 3. A person that holds either Georgian citizenship or that of his/her state of residence and is to meet the following requirements may be appointed as the Honorary Representative of Georgia on Diaspora Issues: a) He/she has a certain social status and all the personal characteristics necessary for effective fulfillment of own duties; b) His/her appointment results from the state interests of Georgia; c) He/she has a good command of the official language of his/her state of residence; d) He/she is able to support policies of Georgia in the diaspora in the state of residence, and contribute to promotion of economic, scientific, trade, tourist, sports, cultural and other relations between Georgia and the diaspora, as well to attraction of investments to the economy of Georgia; e) He/she is a compatriot/expatriate residing abroad. 4. It shall be desirable that a person to be appointed as the Honorary Representative of Georgia on Diaspora Issues has certain merits for Georgia or/and a good command of the official language of Georgia. 5. A person shall be appointed as the Honorary Representative of Georgia on Diaspora Issues on the basis of his/her written consent thereto. 6. The authority of the Honorary Representative of Georgia on Diaspora Issues shall be terminated in the occurrence of any of the following: a) Under a letter of resignation; b) Improper fulfillment of the duties assumed; c) Withdrawal of the status of the compatriot residing abroad; d) Loss of citizenship (if no other country citizenship is obtained); e) Non-fulfillment of the duties due to health condition; f) Decease. 7. Common co-ordination of the activities of the Honorary Representative of Georgia on Diaspora Issues shall be carried out by corresponding state authority. 8. The Honorary Representative of Georgia on Diaspora Issues shall: a) Contribute to relations between Georgia and corresponding Georgian diaspora; b) Contribute to the activities of the diaspora organizations and the compatriots residing abroad in accordance with the present Law; c) Support the diaspora s involvement in current processes in Georgia; d) Provide for the protection of rights and freedoms of the compatriot/expatriate residing abroad, within the scope of own competence; e) Co-ordinate the projects and programs of corresponding state authority in the state of residence. f) Take an active part in the activities of the diaspora organizations and support their coordinated operation; g) Provide corresponding state authority with information with respect to the diaspora; h) Periodically as well as at suitable requests thereto produce reports on the activities carried out to corresponding state authority; i) Encourage relations between the Georgian diaspora and those of the friend countries of Georgia in the state of residence; j) Fulfill the objectives assigned by corresponding state authority. 7

8 9. The Honorary Representative of Georgia on Diaspora Issues shall be in no civil service of Georgia and act on a pro-bono basis. 10. Projects initiated by the Honorary Representative of Georgia on Diaspora Issues may under appropriate decision of the head of corresponding authority thereon be funded within the limits of appropriations allocated for such same state authority under the annual budget law, in the manner prescribed by the laws of Georgia. 11. Projects initiated by the Honorary Representative of Georgia on Diaspora Issues may as well be funded within the limits of appropriations allocated for the Ministries or the offices of state ministers under the annual budget law, in the manner prescribed by the laws of Georgia, upon appropriate application of corresponding state authority thereto. 12. The Honorary Representative of Georgia on Diaspora Issues shall co-ordinate relations with state authorities of the state of residence through the assistance and mediation of Ministry of Foreign Affairs of Georgia and corresponding state authority. 13. Ministry of Foreign Affairs of Georgia shall be notified on the appointment of the Honorary Representative of Georgia on Diaspora Issues. 14. The Minister of Foreign Affairs of Georgia shall be entitled to make a decision on provision of the Honorary Representative of Georgia on Diaspora Issues with working conditions at the Diplomatic Representation or/and Consulate Office of Georgia, upon the recommendation of the head of corresponding state authority. 15. The Honorary Representative of Georgia on Diaspora Issues shall subject to suitable request of the head of corresponding state authority thereto be obliged to arrive to Georgia from time to time however at least once a year at own expense and produce appropriate report regarding the activities implemented to the head of corresponding state authority. 16. The Honorary Representative of Georgia on Diaspora Issues may have deputies that shall be appointed and dismissed by the head of corresponding state authority. 17. Deputy Honorary Representative of Georgia on Diaspora Issues shall perform certain assignments of the Honorary Representative of Georgia on Diaspora Issues. ARTICLE 14. DIASPORA ORGANIZATION 1. The diaspora organization shall provide for strengthening of cultural and scientific ties between the compatriots/expatriates residing abroad and Georgia, support establishment of Georgian educational institutions, elaboration of Georgian state language learning programs, maintenance of cultural identity, and successful implementation of joint projects in the state of residence. 2. The following information shall be introduced into the Register: a) Full name of the diaspora organization; b) Legal address of the diaspora organization; c) Information concerning the founders of the diaspora organization; d) Goals and objectives of the diaspora organization; e) Documents confirming that the diaspora organization is created in accordance with the laws of the state of residence. 3. The diaspora organization registered in the Register shall meet the following requirements: a) It should be established in accordance with the laws of the state of residence; b) 2/3 of its founders should be the compatriots/expatriates residing abroad; c) Goals and objectives of the diaspora organization should correspond to the national interests of Georgia. 8

9 4. Registration in the Register shall be of necessity with a view to obtain the status of a diaspora organization. 5. The diaspora organization shall cooperate with the state agencies and take part in different projects and programs through the assistance and mediation of corresponding state authority and Ministry of Foreign Affairs. ARTICLE 15. TRANSITIONAL PROVISIONS 1. The Government of Georgia shall provide for the conformity of subordinated legislation adopted prior to the enactment hereof to the present law, and the adoption of appropriate legal acts hereunder. 2. Request the President of Georgia to declare Ordinance 761 of the President of Georgia On Approval of Regulations on Honorary Representative of Georgia on Diaspora Issues, dated September 17, 2010, to be null and void. 3. The Office of the State Minister of Georgia for Diaspora Issues shall be considered to be corresponding state authority stipulated hereunder. ARTICLE 16. ENACTMENT OF LAW The present Law shall enact on March 1, President of Georgia Mikheil Saakashvili Tbilisi, November 24, IIs 9