Legislation Law No. 2/07 of 31 May - Legal Regime of Foreigners in the Republic of Angola

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Law No. 2/07 of 31 May - Legal Regime of Foreigners in the Republic of Angola

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Article Index
Law No. 2/07 of 31 May - Legal Regime of Foreigners in the Republic of Angola
CHAPTER I - General Provisions
CHAPTER II - Rights, Duties and Guarantees
CHAPTER III - Entry and Departure from National Territory
  CHAPTER IV - Entry Visas
CHAPTER V - Residence permits
CHAPTER VI - Registration
CHAPTER VII - Travel Documents to be Issued to Foreign Citizens
CHAPTER VII - Offenses
CHAPTER IX - Charges
CHAPTER X - Executory and transitory provisions
All Pages

CHAPTER III
Entry and Departure from National Territory

SECTION I
Entry Regulations

ARTICLE 12. (Entry place)

1. Foreign citizens shall enter National territory through the border posts earmarked for this purpose, without precluding the provisions of agreements on the free movement of people and goods to which the Republic of Angola is party.

2. The border posts earmarked for this purpose are those where the relevant bodies exercise controls.

ARTICLE 13. (Entry requirements)

1. Foreign citizens may enter National territory provided that they meet all the following requirements: a)  hold a passport or any other international travel document valid in the Republic of Angola, which validity exceeds six months; b)  have a valid entry visa appropriate for the purpose of their visit; c)  have means of subsistence as set forth in Article 19 herein; d)  hold an International Vaccination Certificate; e)  not be banned from entry under the terms of Article 15 herein.

2. A passport shall not be required from foreign citizens bearing an emergency travel certificate or «laissez-passer» issued by the authorities of the State of which they are nationals or where they normally reside, provided that there is an agreement in place to this end, or by international organizations of which the Republic of Angola is a member.

3. Are exempt from the presentation of passport and visa of entrance the foreign citizens who are: a)  nationals of countries with whom the Republic of Angola has an agreement that permits them to enter with only their identity card or an equivalent document; b)  bearers of pilot’s certificates or flight crew licenses, when on duty, in accordance with the Convention on International Civil Aviation; c)  bearers of the maritime identification document referred to in Convention 108 of the International Labor Organization, when on duty; d)  holders of a frontier residence permit or crossing pass for movement within the limits and periods established by agreements on the movement of people to which the Republic of Angola is party. e)  asylum seekers under the terms of the law.

4. In addition to the other cases provided for in law, the following citizens are exempt from seeking an entry visa: a)  holders of residence permit, duly updated; b)  citizens  of  countries  with  whom  the  Republic  of  Angola  has  signed  visa exemption agreements; c)  cruise ship passengers.

ARTICLE 14. (Entry by border residents)

Border residents shall enter the country within the limits and periods established by the agreements on the movement of people to which the Republic of Angola is party.

ARTICLE 15. (Prohibition of entry)

Foreign citizens included on the national list of persona non grata shall be prohibited from entering national territory, when: a) they have been deported from Angola within the last five years; b) they have been definitively sentenced to an accessory penalty of expulsion; c) there are strong signs that they constitute a threat to internal order or national security.

ARTICLE 16. (Entry of minors)

1. Foreign minors, when not accompanied by their parents, shall only enter national territory with written authorization signed by their parents or by a person exercising paternal authority as recognized by the relevant authorities.

2. In cases where the person to whose care the minor is entrusted is refused entry to national territory, such refusal shall also extend to the minor, and vice versa.

3. The provisions of the foregoing paragraph shall not apply to cases where the minor is a resident or holds a study visa or temporary stay visa.

ARTICLE 17. (Control of documents)

1. All foreign citizens wishing to enter or leave national territory are subject to control of documents at border posts. 2. No foreign citizen arriving from abroad shall leave the place where travel documents and boarding/disembarkation passes are inspected and controlled without such documents being registered by the officer of the Immigration Service.

ARTICLE 18. (Entry Visa)

1. Entry visas entitle the holders to present themselves at any border post earmarked for this purpose and request entry into national territory.

2. A visa is a mere legal expectation, and the holder may be refused entry or barred from remaining in the country due to non-compliance with the requirements established in Article 13 above.

3. Entry visas are stamped on passports or any other equivalent travel document, and shall state the respective validity period, the entry number and stay by the holder in national territory.

ARTICLE 19. (Guarantee of means of subsistence)

1. For the purposes of entering and remaining in national territory, foreign citizens shall have  at  their  disposal,  in  per  capita  means  of  payment,  a  sum  of  USD  200  or  an equivalent sum in another convertible hard currency, for each day of their stay in national territory.

2. The amount provided for in the foregoing paragraph may be waived if the person concerned proves, by reliable means, that his board and lodging are assured.

3. The proof referred to in paragraph 2 of this article shall be provided in the form of a declaration signed by the person inviting the foreign citizens, accepting responsibility for their stay in the country; such host may be an Angolan citizen or a resident foreign citizen, or the highest ranking management officer of the company or institution responsible for such invitation.

ARTICLE 20. (Exceptions)

1. In exceptional cases, where due grounds exist, the Minister of the Interior or, on his delegation, the Director of the Immigration Service, may authorize the entry into national territory by a foreign citizen who fails to meet the requirements established in Article 13 above.

2. When the foreign citizen is a national of a country with which the Republic of Angola does not have diplomatic or consular relations, the Minister of Foreign Affairs shall be consulted, for the purpose of application of the provisions of the foregoing paragraph.

ARTICLE 21. (Refusal of entry)

1. Entry may be denied to a foreign citizen who presents a passport or other equivalent travel document which:

a)  Is not valid for the Republic of Angola; b)  Has expired; c)  Has been tampered with or contains signs of forgery; d)  Contains an entry visa which was obtained in breach of the provisions herein; e)  Contains an entry visa not appropriate to the purpose of his stay in national territory; f) Belongs to someone else. 

2. Entry may also be denied to foreign citizens who, having been fined, have departed from National territory without paying the fine within the period established.

3. Entry to National territory may also be denied to non-resident foreign citizens who: a)  Fail to present a return ticket to their country of origin; b)  Do not possess proven means of subsistence; c)  Are minors and are not accompanied by the person exercising paternal authority or without such person’s express authorization, save in the cases provided for in article 16.3 herein.

4. Denial of entry for health reasons shall be determined by the health authorities.

5. Foreign citizens denied entry into National territory shall be accommodated at the Temporary Stay Center (CIT) until they are re-embarked.

6.  The Temporary Stay Centers shall be set up by the airport operators and shall be run in accordance with specific regulations to be approved by the Ministers of the Interior and of Transport.

7. The competence to deny entry into national territory shall lie with the Director of the Immigration Service or, on his express delegation, with the Provincial Directors.

8. When entry is denied on the grounds of presentation of counterfeit, forged or another person’s travel documents, such documents shall be seized and forwarded to the authorities of the respective country, through diplomatic channels.

ARTICLE 22. (Liability of carriers)

1. 1. Without precluding the measures provided for in Article 107 herein, companies which transport undocumented passengers or crew members shall be liable for returning them to their country of origin or the place where they started to use the carrier’s means of transport.

2. The same liability shall also lie with individuals who transport undocumented passengers without documentation.

3. Expenses relating to meals, medical care, medicines and others, for the accommodation of foreign citizens denied entry, shall be borne by the carrier.

4. Whenever the circumstances so require, foreign citizens may be re-embarked under escort from officers of the Immigration Service, the expenses being borne by the carrier.

5. The transport of clandestine passengers may be permitted, if so requested by the carrier, or his agent, which shall accept liability for all expenses deriving from such operation.

6. Carriers shall also be liable for the accommodation and other expenses of passengers in transit or crew members not on board when the means of transport departs, and for removing the same from national territory.

ARTICLE 23. (Competence to ban foreign citizens)

1. The following organs shall have the powers to ban foreign citizens from entering the country: a)  The Courts; b)  The Office of the Attorney General; c) The Minister of Interior, acting through the Directorate of Criminal Investigation, Directorate of Inspection and Investigation of Economic Activities and the Immigration Service.

2. The Migration and Foreigners Service shall apply entry bans under the terms of articles 15 and 32.2 herein, as well as to adopt preventive measures for up to twenty four hours restricting the departure of persons strongly suspected of having committed an offense.

ARTICLE 24. (Registration and reassessment of prohibitions)

1. Concerns to the Migration and Foreigners Service the registration of prohibitions to the national list of persona non grata, as well as to propose their reassessment.

2. The document ordering a ban shall identify the foreign citizen, the reason and the duration of the ban.

SECTION II
Rules on Departure

ARTICLE 25. (Departure from National territory))

1. Foreign  citizens  may  depart  from  national  territory  through  any  border  posts earmarked for this purpose, upon display of their passport or other valid travel document.

2. In  addition  to  presenting  their  passport  or  other  valid  travel  document,  minors departing from national territory are required to present written authorization bearing the notarized signature of their parents or the persons exercising paternal authority.

3. Frontier residents shall depart from national territory under the terms of Article 14 herein.

 

ARTICLE 26. (Forms of departure)

1. Foreign citizens may depart from national territory voluntarily or compulsorily.

2. Foreign citizens are deemed to depart voluntarily when they do so on their own volition and in their own interest, and compulsorily when they do so coercively, in the interest of internal order and national security. 3. Compulsory departure may take place through: a)  Notification to quit national territory, b)  Expulsion.

ARTICLE 27. (Notification to leave)

The Migration and Foreigners Service  shall  notify  foreign  citizens  in  an  irregular  immigration situation to leave national territory within a period of not more than 8 days.

ARTICLE 28. (Causes of expulsion)

1. Without precluding agreements or international conventions to which the Republic of Angola is party, foreign citizens may be judicially expelled from national territory when, amongst other things: a)  They have used fraudulent means to enter and stay in national territory; b)  They undermine national security or internal order; c)  They breach the duties established herein, namely in Article 9; d)  They seriously or repeatedly breach the laws of Angola; e)  They have been sentenced to a major prison term.

2. Resident foreign citizens, and the holders of work permits in a labor dispute with their employer or who have an Angolan spouse or child economically dependent on them shall only be expelled by judicial decision.

3. Foreign citizens may be expelled from national territory by administrative decisions when, amongst other things: a)  They  have  committed  acts  which,  had  they  been  known  to  the  Angolan authorities, would have prevented them from entering the country; b) does not exercise any profession, or has no means of subsistence in the country; c)  They hold a work permit and enter an employment contract with a company other than that which contracted them, without the prior authorization of the relevant authority; d)  They have been fined and failed to pay the fine within the respective deadline; e)  They have been sentenced to the accessory penalty of expulsion and have re- entered the country unlawfully; f) They fail to comply with notification to quit national territory voluntarily.

ARTICLE 29. (Expulsion)

1. Foreigners are expelled by returning to their country of origin or normal residence.

2. The fact that a foreign citizen has an Angolan spouse or child economically dependent on him shall not constitute an impediment to enforcement of a judicial expulsion order, without precluding the fixing of alimony for those requiring the same in accordance with the law.

3. Refugees shall be accorded the most favorable treatment under the law or international agreements to which Angola is party.

4. Refugees shall not be expelled to countries where they may be persecuted for political, racial or religious reasons or where they may be in danger of their lives.

5. Expulsion from national territory shall not preclude any criminal liability which a foreign citizen may have incurred.

ARTICLE 30. (Bodies with competence to order expulsion)

1. Powers to hand down expulsion orders on the grounds provided for in paragraphs 1 and 2 of Article 28 shall lie with the judicial authorities and, on the grounds provided for in paragraph 3 of the same article, with the Migration and Foreigners Service.

2. Foreign citizens subject to judicial expulsion orders shall be detained at the Illegal Foreigners Detention Center, until their departure from national territory.

ARTICLE 31. (Expulsion procedures)

1. Whenever it is aware of any fact which may constitute grounds for expulsion, the Immigration Service shall organize a file containing a summary of the evidence needed for an expulsion order.

2. The file shall also contain the offense report describing the facts which constitute grounds for expulsion.

3. When complete, the file organized under the terms of this article shall be forwarded to the relevant judicial authority, within five days, for trial, save in the case of an administrative expulsion under the terms of Article 28, which shall be decided within eight days.

4. After receiving the file, the judge shall set a date for the trial hearing within the subsequent 48 hours, ordering the foreign citizen and the witnesses to be duly notified.

ARTICLE 32. (Expulsion order)

1. The expulsion order shall set out: a)  The grounds for expulsion; b)  The time limit for enforcement of the decision, which shall be no greater than fifteen days for resident foreigners and eight days for non-residents; c)  A period, of not less than five years, during which the foreign is banned from re- entering national territory; d)  The country to which the foreign citizens shall be expelled..

2. Enforcement of an expulsion order shall cause the expelled person to be included in the national list of persona non grata, under the terms of Article 15.

ARTICLE 33. Situation of foreign subject to expulsion order)

1. A foreigner against whom an expulsion order has been issued shall be held at the Detention Center for Illegal Foreigners until enforcement of the expulsion order under the terms of Article 32.1 b).

2. The Illegal Foreigners Detention Center shall be set up by the Ministry of the Interior and shall be operated in accordance with specific regulations to be approved by the Minister of the Interior.

ARTICLE 34. (Enforcement of judicial expulsion orders)

1. The Migration and Foreigners Service shall shall enforce judicial expulsion orders in coordination with the police authorities.

 2. The accessory penalty of expulsion may be enforced even if the person sentenced is released on parole.

ARTICLE 35. (Notification of expulsion)

The relevant authorities of the country to which the foreign citizen is to be expelled shall be notified of the expulsion order.

ARTICLE 36. (Procedural formalities)

1.  In all issues not specifically provided for herein, the terms of summary proceedings, as established in the Code of Criminal Procedure, shall be observed.

2. Expulsion proceedings are urgent and have priority over other proceedings.

ARTICLE 37. (Expulsion expenses)

1.  Whenever  a  foreign  citizen  is  not  able  to  bear  the  expenses  deriving  from  his expulsion, such expenses shall be borne by the State.

2. In order to settle the charges resulting from expulsion, provision shall be made for this purpose in the budget of the Ministry of the Interior, without precluding the use of monies from other institutions.

3. Foreign citizens for whom expulsion expenses have been borne by the State and who are authorized to re-enter National territory shall be required to reimburse the State for the amount disbursed.

4. A company which has in its employ a foreign citizen subject to an expulsion order shall be required to meet the expenses of his expulsion, where the foreigner himself lacks the means to do so.

ARTICLE 38. (Appeal)

1. Appeals may be made in accordance with the law against judicial decisions ordering the expulsion of foreign citizens.

2. Appeals against decisions of the Immigration Service may be brought before the Minister of Interior.

ARTICLE 39. (Prevention of departure)

1. The relevant authorities may prevent the departure of foreign citizens when: a)  There is a judicial decision; b)  There is a decision from the policy authority prohibiting departure from national territory; c)  There is a breach of customs or excise regulations; d)  There is a strong suspicion that an offense has been committed.

2. In the case of sub-paragraphs b), c) and d) above, the representative of the Public Prosecutor’s Office attached to the Immigration Service shall be informed within 48 hours.




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