Law of Georgia. Chapter I. General Provisions

Transcription

1 Law of Georgia Unofficial Translation On Procedure for Registration of Citizens of Georgia and Foreigners Residing in Georgia, Issuance of Identity (Residence) Card and Passport of a Citizen of Georgia Law of Georgia No 181 I of 24 June LHG, No 19, , Art. 93 Article 1 Chapter I. General Provisions 1. Under the Constitution of Georgia and international human and civil rights documents, everyone legally staying in Georgia shall be guaranteed the right of free movement and free choice of a place of residence across the whole territory of the country. 2. These rights may be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the protection of health, for the prevention of crime or for the administration of justice. Article A personal number is a unique identification data that cannot be changed under any circumstance except as expressly provided by the laws of Georgia. 2. A personal number shall be assigned to a person when being domiciled (including when being registered without any address reference) or issued a citizenship and/or identification card an ID card of a citizen of Georgia, a residence card of a foreigner residing in Georgia, a neutral ID card, a neutral travel card, a passport of a citizen of Georgia and in other cases as expressly provided by law. 3. An order of the Minister of Justice of Georgia shall determine the procedure for assigning a personal number. Law of Georgia No 5563 of 20 December website, Article 2 Chapter II. Registration and Deregistration 1. Registration of citizens of Georgia and foreigners residing in Georgia is instituted for establishing the details concerning citizens of Georgia and foreigners residing in Georgia as well as for exercising civil rights and discharging civil duties.

2 2. Under this Law, a foreigner permanently residing in Georgia or a stateless person having a status in Georgia shall be considered as a foreigner residing in Georgia. 3. Registration or lack of registration cannot serve as the basis for limitation of the constitutional rights and freedoms of citizens of Georgia or foreigners residing in Georgia, including the right of disposal of property, or the condition for exercise of those rights and freedoms except as provided by the electoral law. 4. A state, local self-government authority, any other institution or legal person may, where so provided by the laws of Georgia, for verification of the place of residence of a person, request presentation of the identity (residence) card or copy thereof that requires no notarization. If the address field in the identity (residence) card is not filled out, such person may be requested to present, in addition, his/her registration card or a copy thereof that also requires no notarization. For an electronic identity (residence) card, the place of residence is confirmed by using the electronic identity (residence) card, by verifying the relevant information with the electronic database of Public Service Development Agency (hereinafter the Agency), a legal entity under public law within the Ministry of Justice of Georgia. 5. It shall be impermissible for any state, local self-government authority, any other institution or legal person to demand a certificate of the place of residence for employment, performance of the act of legal implication or for any other purpose. Law of Georgia No 579 of 27 October LHG I, No 39, , Art. 112 Law of Georgia No 6301 of 25 May website, Law of Georgia No 6317 of 25 May website, Article 3 1. A citizen of Georgia and a foreigner residing in Georgia shall get registered according to their place of residence and where they have several places of residence according to one of them. A person between the ages of 14 and 18 shall be registered according to the place of residence and issued an identity (residence) card based on the application of such person or his/her legal representative. 2. A citizen of Georgia shall obtain an identity card within 6 months after attaining the age of 14. If he/she so wishes, a person under 14 may also obtain the identity card A foreigner residing in Georgia may obtain a residence card in the manner provided by the laws of Georgia. 2

3 2 2. To obtain the identity (residence) card, a citizen of Georgia and a foreigner residing in Georgia must necessarily be registered in the manner provided by this Law. The obligation to get registered in order to obtain an electronic identity card in Georgia does not apply to the citizen of Georgia who has left for any other state for permanent residence based on the immigration permit issued in the manner provided by the laws of Georgia. 3. A person under 14 as well as persons under guardianship and foster care shall get registered based on the application from his/her legal representative, the head of the guardianship and foster care authority, preschool childcare institution, the head of a general education establishment, the governor of a self-government unit, the administration of a temporary administrative-territorial unit of the former Autonomous District of South Ossetia or the authorized representative of the Government of the Autonomous Republic of Abkhazia The identity (residence) card to a person under 14 as well as to a person under guardianship and foster care shall be issued based on the application of the legal representative of such persons. 4. When registering birth, a minor shall be registered according to his/her place of residence. The person shall be deemed to have been registered according to his/her place of residence upon registration of his/her birth. If when registering the birth of a minor his/her both parents or any other legal representative are registered without any address reference, the minor shall be registered according to the place of actual residence of his/her parent or other legal representative, in the manner provided by the laws of Georgia. 5. According to this Law, the place of residence of a person shall be the place chosen by this person for his domicile. 6. A person under 16 as well as a person under guardianship and foster care shall get registered together with his/her parents, guardian, fosterer or other legal representative. They may get registered at any other address only by a written consent of one of the aforementioned persons. Such consent before the authorized person of the Agency must be expressed by means of electronic communication as well, in the manner provided by an order of the Minister of Justice of Georgia. 7. A citizen of Georgia staying abroad may apply for consular registration with a Georgian diplomatic representation or consular agency. 8. A citizen of Georgia having stayed abroad for more than 6 months shall within no later than 10 days after expiry of such 6 months apply for consular registration with a Georgian diplomatic representation or consular agency. 9. Only a citizen of Georgia staying abroad who is not registered in Georgia may get registered with a Georgian diplomatic representation or consular agency abroad. The 3

4 consular officer of the Georgian diplomatic representation or consular agency shall perform such act within the scope of the powers delegated to him/her. 10. A Georgian diplomatic representation or consular agency abroad may issue an identity card to a registered citizen of Georgia if the latter so wishes. 11. In the cases provided by Paragraph 9 of this Article, the owner s consent for registration at the address abroad shall not be mandatory. 12. The person registered with the consular agency shall be issued the relevant consular registration card that is valid only together with the passport of a citizen of Georgia. 13. The procedure and terms for consular registration and deregistration shall be approved by an order of the Minister of Foreign Affairs of Georgia. 14. (Deleted No 4937, ). 15. The information on the person s registration, consular registration, identification details and issued documents shall be recorded in the electronic database of the Agency. 16. The procedure for communicating the decisions on the matters of registration and issue of an identity (residence) card to a concerned party as well as for giving the identity (residence) card to the concerned party shall be determined by an order of the Minister of Justice of Georgia and the procedure for exercising these powers by a Georgian diplomatic representation or consular agency abroad also by a joint order of the Minister of Foreign Affairs of Georgia and Minister of Justice of Georgia. Law of Georgia No 2629 of 28 December LHG I, No 3, , Art. 23 Law of Georgia No 3355 of 6 July LHG I, No 41, , Art. 255 Law of Georgia No 3653 of 1 October 2010-LHG I, No 53, , Art.337 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art.493 Law of Georgia No 5563 of 20 December website, Law of Georgia No 5664 of 28 December website, Article 4 1. In changing a place of residence for more than 6 months, a person shall, within no later than 10 days after expiry of such 6 months, apply for registration in compliance with the provisions of this Law to the territorial office of the Agency according to his new place of residence, and the said territorial office of the Agency shall register such person. This rule does not apply to Georgian citizens staying abroad. 4

5 2. Where a place of residence is changed in the territory of Georgia, the date of registration shall be the date of registration of the person at the new address. 3. Where a person changes his/her place of residence for more than 3 months due to imprisonment or service of sentence, the administration of the relevant facility where the person is held shall, within no later than 10 days after expiry of such 3 months, apply to the territorial office of the Agency according to the person s registration place and inform it about the person s location, in respect of which the relevant record shall be made in the database of the Agency. 4. Where a person changes his/her place of residence for more than 3 months due to compulsory or contractual military service, the administration of the relevant facility where the person serves shall, within no later than 10 days after expiry of such 3 months, apply to the territorial office of the Agency according to the person s registration place and inform it about the person s location, in respect of which the relevant record shall be made in the database of the Agency. 5. If the person referred to in the cases provided by Paragraphs 3 and 4 of this Article or the person in a childcare orphanage or childcare-education orphanage facility has no place of registration, the administration of the facility shall duly apply to the territorial office of the Agency for registration of the person. The address of the facility shall be recorded as the person s registration place. In such case, the person is not required to obtain an identity (residence) card in order to register him/her. Law of Georgia No 1569 of 21 June LHG I, No 21, , Art. 94 Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 2213 of 1 December LHG I, No 42, , Art. 315 Law of Georgia No 3619 of 24 September LHG I, No 51, , Art. 332 Article 5 1. (Deleted) 5

6 1 1. It is not mandatory to present the documents required by this Law to register a person if the electronic database of the Agency contains the information provided in the relevant document Paragraph 1 1 of this Article does not apply to the presentation of documents to the Georgian diplomatic representations and consular agencies not related to the electronic database of the Agency. 2. A person who does not live in a building firmly fixed to land that is intended for prolonged lodging of people or lives in an unidentifiable building, shall get registered without any address reference according to the built-up area where he stays. If when registering a minor according to his/her place of residence at the moment of his/her birth registration the minor has no legal representative or his/her legal representative is not registered, the minor shall be registered without any address reference. The person s actual place of residence (if any) shall be recorded in the application form as well as in the electronic database of the Agency. 3. A person s registration without any address reference shall be valid within 6 months after the registration date. After expiry of the term, the person shall be deemed deregistered that shall serve as the basis for suspending the validity of the electronic identity (residence) card. After expiry of the registration term, the person shall get reregistered in the manner provided by the laws of Georgia. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 806 of 19 December LHG I, No 40, , Art. 267 Law of Georgia No 1391 of 11 July LHG I, No 21, , Art. 109 Law of Georgia No 2213 of 1 December LHG I, No 42, , Art. 315 Article 6 A person who produces the documents required by the laws of Georgia shall not be denied registration unless otherwise provided by law. No document other than those required by this Law shall be requested, either. 6

7 Law of Georgia No 806 of 19 December LHG I, No 40, , Art. 267 Article 7 1. The registration and de-registration of persons residing in Georgia shall be carried out by the territorial offices of the Agency. 2. The registration of citizens of Georgia residing abroad shall be carried out by the diplomatic representation or consular agency of Georgia The removal of a citizen of Georgia staying abroad from a consular registration shall be carried out by the diplomatic representation or consular agency of Georgia and the consular registration of such person by the Agency, the diplomatic representation or consular agency of Georgia. 3. The removal of a citizen staying in Georgia from a consular registration shall be carried out by the Agency based on the citizen s application. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 3653 of 1 October LHG I, No 53, , Art.337 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art.493 Article 8. (Deleted) Article 9 Within 10 days after registration of a male aged between 14 and 65 years, the registration authority shall notify the military unit of the competent local self-government authority the date of registration and the address of the new place of residence and within 10 days after de-registration the date of de-registration. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 7

8 Article 10 The deceased shall be de-registered by the territorial offices of the Agency or the diplomatic representation or consular agency of Georgia abroad upon registration of such person s death or upon receipt from the competent authorities of a foreign country through diplomatic channels of a notice of registration of the death or a notice of the death of a citizen of Georgia. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 3653 of 1 October LHG I, No 53, , Art.337 Article 10 1 The registration and deregistration terms and procedure shall be determined by an order of the Minister of Justice of Georgia and the procedure for exercising these rights by the diplomatic representation or consular agency of Georgia abroad also by a joint order of the Minister of Foreign Affairs of Georgia and Minister of Justice of Georgia. Law of Georgia No 5563 of 20 December website, Article 10 2 A person reporting as a witness in an administrative proceeding for registration and deregistration shall testify on the matters of registration and deregistration. The liability for giving false testimony to or misleading the Agency or any territorial office of the Agency shall be imposed upon the testifying witness in the manner provided by the Criminal Code of Georgia. Chapter III. Procedure for Identification of Citizens of Georgia and Foreigners Residing in Georgia 8

9 Article The main documents identifying the citizens of Georgia and foreigners residing in Georgia are as follows: a) Identity card of a citizen of Georgia b) Residence card. 2. The residence card can be permanent and temporary. 3. A temporary residence card shall be issued to a person having a refugee or humanitarian status in the manner provided by the Law of Georgia on Refugee and Humanitarian Status. 4. An expatriate s card shall be the holder s identity document. 5. The matters related to the issue of an expatriate s card shall be governed by the Law of Georgia on Expatriates and Diaspora Organizations. Law of Georgia No 5371 of 6 December website, Law of Georgia No 5563 of 20 December website, Law of Georgia No 6301-LHG I of 25 May website, Article If any legal relation requires the identification and authentication of a citizen of Georgia and a foreigner residing in Georgia, the individual or legal person involved in such relation who has the details of the relevant identity (residence) card duly obtained from the electronic database of the Agency may use such details for identification of such person as an identification document. 2. The document provided by the laws of Georgia that indicates the first name, last name and personal number of a citizen of Georgia or a foreigner residing in Georgia can be used for identification of such person as an identification document if the necessary identification information is duly verified with the electronic database of the Agency. Law of Georgia No 1391 of 11 July LHG I, No 21, , Art. 109 Law of Georgia No 5852 of 16 March LHG I, website, Article 12 9

10 1. The identity card of a citizen of Georgia evidences a person s citizenship of Georgia, identity and place of residence. 2. The residence card evidences the citizenship, identity and place of residence within the territory of Georgia of a foreigner residing in Georgia. 3. The temporary residence card issued to a person having a refugee or humanitarian status evidences such person s citizenship, identity, status and place of residence within the territory of Georgia. Law of Georgia No 5973 of 21 March LHG I, No 9, , Art. 60 Law of Georgia No 5371 of 6 December LHG I, website, Article The identity (residence) card of a person residing in Georgia is issued and replaced by the territorial office of the Agency and the identity card of a citizen of Georgia staying in any other state is issued and replaced by a Georgian diplomatic representation or consular agency within the powers delegated to it. The Georgian diplomatic representation or consular agency abroad may issue only the identity card specified by Article 14(1) of this Law. 2. To exercise the powers referred to in Paragraph 1 of this Article, the Ministry of Foreign Affairs of Georgia is supplied with the relevant forms by the Agency. 3. The territorial office of the Agency issues identity and residence cards (other than a temporary residence card) on the 10 th business day after the presentation of the documents stipulated by this Law or in an expedited manner, and the Georgian diplomatic representation or consular agency abroad issues an identity card within 1 month. 4. Except as provided by the laws of Georgia, if there is any inconsistency in issued documents, accurate details shall be those indicated in the birth records and for a person whose birth was registered in the territory of the Autonomous Republic of Abkhazia, the Autonomous District of the former South Ossetia or abroad and whose birth record is lacking the details indicated in the birth certificate. Law of Georgia No 181 I of 24 June LHG, No 19, , Art

11 Law of Georgia No 3355 of 6 July LHG I, No 41, , Art. 225 Law of Georgia No 3653 of 1 October LHG I, No 53, , Art.337 Law of Georgia No 5563 of 20 December website, Article The identity (residence) card of a citizen of Georgia consists of two pages, is printed and filled out in Georgian, and in the Autonomous Republic of Abkhazia in Abkhazian language as well. 2. The identity card of a citizen of Georgia shall be issued to persons under 18 for the term of 4 years, to those having attained the age of 18 years for the term of 10 years, and the identity card to be issued by the territorial offices of the Agency under Paragraph 10 of this Article, other than an electronic identity card, shall be issued in the manner provided by an order of the Minister of Justice of Georgia for up to 6 months in length. 3. The details of the identity card are as follows: a) first name b) last name c) date of birth d) place of birth e) personal number f) photo affixed with the seal of the territorial office of the Agency or Georgian diplomatic representation or consular agency abroad, g) holder s signature h) name of the issuing authority i) signature of the authorized person of the territorial office of the Agency, diplomatic representation or consular agency, j) embossed seal k) date of issue l) term of validity m) address n) date of registration The Georgian diplomatic representation or consular agency abroad may issue the identity card of a citizen of Georgia without the detail indicated in Paragraph 3(j) of this Article. 11

12 4. The identity (residence) card of a citizen of Georgia may contain an electronic data carrier, in which the identity (residence) card details are electronically inserted (recorded) (electronic identity (residence) card) The electronic identity (residence) card may contain a digital signature certificate. 5. The electronic data carrier must have sufficient storage capacity and features to guarantee the data integrity, authenticity and confidentiality. 6. The technical specifications and standards to be met by the electronic identity (residence) card as well as the procedure for inserting (recording) the data indicated in Paragraphs 7-9 of this Article in the electronic identity (residence) card shall be defined by an order of the Minister of Justice of Georgia The electronic identity (residence) card consists of two pages, is printed and filled out in Georgian and in English. 7. The electronic identity (residence) card must contain the following details: a) first name b) last name c) date of birth d) place of birth e) personal number f) photo g) holder s signature h) (deleted No 4937, ) i) (deleted No 4937, ) j) name of the issuing authority k) date of issue l) term of validity m) authentication certificate n) (deleted No 4937, ). 8. In addition to the details indicated in Paragraph 7 of this Article, the electronic identity (residence) card must contain a reference to the holder s citizenship. 9. The order of the Minister of Justice of Georgia may identify additional details to be contained in the electronic identity (residence) card. 10. The territorial offices of the Agency that are authorized to issue an electronic identity (residence) card shall be identified by an order of the Minister of Justice of Georgia. Such territorial offices may issue the identity (residence) card indicated in Paragraph 1 12

13 of this Article if the electronic identity (residence) card cannot be issued for objective reasons. Law of Georgia No 1569 of 21 June LHG I, No 21, , Art. 94 Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 5973 of 21 March 2008, - LHG I, No 9, , Art. 60 Law of Georgia No 3355 of 6 July LHG I, No 41, , Art. 255 Law of Georgia No 3653 of 1 October LHG I, No 53, , Art. 337 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art. 493 Law of Georgia No 5563 of 20 December website, Article The details of the residence card are as follows: a) first name b) last name c) date of birth d) place of birth e) personal number f) photo affixed with the seal of territorial office of the Agency, g) citizenship h) name of the issuing authority i) holder s signature j) signature of the authorized person of the territorial office of the Agency, k) embossed seal l) date of issue m) address n) date of registration o) term of validity of the card. 2. The temporary residence card shall be valid for as long as the residence permit is valid and the permanent residence card shall be valid for the term of 5 years. 3. The temporary residence card issued to a refugee shall be valid for 3 years. 13

14 Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Article To obtain the identity card of a citizen of Georgia, a person shall produce the relevant request, his/her birth certificate or other identification document, photo, and, if the produced document or kept in the database of the Agency doesn t certify the person s citizenship of Georgia and it is necessary to verify his/her citizenship affiliation, also the document evidencing the citizenship of Georgia. The identification documents that may be produced and used instead of the birth certificate shall be determined by an order of the Minister of Justice of Georgia. 2. To obtain the identity card, it is not mandatory to produce the documents contemplated by this Law if the electronic database of the Agency contains the information provided in the relevant document. 3. Paragraph 2 of this Article shall not apply to the production of the documents contemplated by this Law to the Georgian diplomatic representation and consular agency not related to the electronic database of the Agency. Law of Georgia No 5973 of 21 March LHG I, N o 9, , Art.60 Law of Georgia No 1391 of 11 July LHG I, No 21, , Art. 109 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art.493 Article To obtain a residence card, a person shall produce the document certifying the citizenship of any other state or his/her statelessness, photos and the document certifying his/her legal stay in Georgia. 1 1 The documents must be produced translated into Georgian, in the copies certified in the manner provided by the laws of Georgia. The Agency may accept the passport 14

15 of a foreign citizen without a Georgian translation if it contains the foreigner s personal details in Latin transliteration. 2. To obtain a residence card, a person having a refugee or humanitarian status may produce only the document certifying the refugee or humanitarian status and photos. 3. To obtain a residence card, it is not mandatory to produce the documents contemplated by this Law if the electronic database of the Agency contains the information provided in the relevant document. Law of Georgia No 1391 of 11 July LHG I, No 21, , Art. 109 Law of Georgia No 3355 of 6 July LHG I, No 41, , Art. 255 Law of Georgia No 5371 of 6 December website, Article A person shall replace the identity (residence) card in the following cases: a) upon expiry; b) when changing the place of residence c) when changing the first name or last name d) when identifying an error in the record e) when it becomes unfit for use (wearing, damage) or is lost. 2. Paragraph 1(b) of this Article shall not apply to an electronic identity (residence) card. 3. The electronic identity (residence) card shall be suspended: a) in the case provided by Article 5(3) of this Law, b) if the person is deregistered in the cases and manner provided by the laws of Georgia. 4. The identity (residence) card shall be cancelled: a) if the concerned person fails to take possession of the prepared identity (residence) card within 1 month after expiry of the term fixed by the laws of Georgia for issuing identity (residence) cards, b) if the concerned person replaces the identity (residence) card, 15

16 c) if the grounds referred to by Paragraph 1(c-d) of this Article are detected after the identity (residence) card has been issued, d) if the person submitted false documents to obtain identity (residence) card and the fact has been detected after the issuance of identity (residence) card, e) if the person is deregistered in the cases and manner provided by the laws of Georgia. 5. An order of the Minister of Justice of Georgia may introduce additional grounds for replacing, suspending and cancelling identity (residence) cards. Law of Georgia No 1569 of 21 June LHG I, No 21, , Art. 94 Law of Georgia No 5563 of 20 December website, Article A person whose Georgian citizenship has been revoked shall turn in his/her identity card to the territorial office of the Agency, Georgian diplomatic representation or consular agency (Deleted). 2. A foreign citizen or a stateless person who no longer resides in Georgia shall turn in the residence card to the territorial office of the Agency. 3. The identity (residence) card of a deceased person or a found card (residence card) shall be handed over to the territorial office of the Agency. The identity (residence) card of a deceased person shall be returned to the presenting person after such card has been cancelled. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 2213 of 1 December LHG I, No 42, , Art. 315 Article 20 16

17 1. The identity (residence) card shall not be deprived except as provided by law, neither shall it be left as a bail. 2. The procedure and terms for execution and issue of the documents certifying the identity and citizenship of Georgia as well as for registration and identification of foreigners shall be provided by an order of the Minister of Justice of Georgia, and the procedure for the exercise of such rights by Georgian diplomatic representations or consular agencies abroad also by a joint order of the Minister of Foreign Affairs of Georgia and Minister of Justice of Georgia The procedure and terms for granting, by using electronic communication facilities, the representative rights to the third person for obtaining the services falling within the competence of the Agency shall be provided by an order of the Minister of Justice of Georgia. 3. The procedure for administrative authorities to use the records kept by the Agency and the Consular Department of the Ministry of Foreign Affairs of Georgia as well as the procedure for issue and exchange of such records for the purpose of criminal prosecution and crime investigation shall be provided by a joint order of the Minister of Justice of Georgia, Minister of Foreign Affairs of Georgia and Minister of Internal Affairs of Georgia. 4. Under the contract with an entrepreneurial entity or a non-entrepreneurial (noncommercial) legal person identified by the Law of Georgia on Entrepreneurs, the Agency may issue the personal details related to the person s registration according to the place of residence and consular registration as well as the personal details reflected in the identity document if there is a consent of the person, to whom such information concerns. Such consent shall be deemed granted if the gist of the acts performed/to be performed by the information requesting agency in relation to the relevant person provides a cause to believe that the person agrees for the issue of his/her personal details. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 1926 of 3 November LHG I, No 35, , Art.236 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art.493 Law of Georgia No 5563 of 20 December website, Chapter III 1. Procedure for Issue of the Passport of a Citizen of Georgia, Travel Passport of a Stateless Person Having a Status in Georgia, Business Passport and Travel Document of a Person Having a Refugee or Humanitarian Status 17

18 Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 5371 of 6 December LHG I, website, Law of Georgia No 6301of 25 May website, Article The passport of a citizen of Georgia (hereinafter the passport) is the document identifying the citizen of Georgia and certifying his/her citizenship within and beyond the territory of Georgia The travel passport of the stateless person having a status in Georgia (hereinafter the travel passport) and the travel document of the person having a refugee or humanitarian status (hereinafter the travel document) are the documents certifying their identity and civil status within and beyond the territory of Georgia The business passport of a citizen of Georgia is the document certifying the identity, citizenship and status of the citizen of Georgia within and beyond the territory of Georgia. The business passports of Georgia are as follows: a diplomatic passport and a business passport. 2. The passport is the belonging of Georgia and is issued to citizens of Georgia for their departure from Georgia, movement abroad and entry into Georgia The travel document is issued to a person having a refugee or humanitarian status (if the person having a humanitarian status has no identity document and/or such document cannot be obtained) for his/her departure from Georgia, movement abroad and entry into Georgia The travel document is valid for a refugee to depart out of Georgia into any foreign state other than the state of his/her citizenship or former permanent residence or the states, where his/her and his/her family members condition is not believed to be secure. 3. The passport to a citizen of Georgia living in the territory of Georgia, the travel passport to a stateless person having a status in Georgia or the travel document to a person having a refugee or humanitarian status shall be issued by the territorial office of the Agency The passport to a citizen of Georgia residing abroad shall be issued by the territorial office of the Agency as well as by the consular officer of the Georgian diplomatic representation or consulate agency abroad within the powers delegated to him/her. 4. To exercise the powers stipulated by Paragraph 3 1 of this Article, the Ministry of Foreign Affairs of Georgia shall be supplied with the relevant forms by the Agency. 5. The business passport of a citizen of Georgia shall be issued by the Ministry of Foreign Affairs of Georgia. The business passport of a citizen of Georgia containing biometric data shall be issued by the Ministry of Foreign Affairs of Georgia. The data necessary 18

19 for issuing the business passport containing biometric data shall be processed, the biometric passport shall be prepared and conveyed to the holder by the Agency The procedure for the territorial offices of the Agency to keep and account the highsecurity forms defined by this Law and received from the Agency shall be provided by an order of the Minister of Justice of Georgia (Deleted). 6. The travel passport and the travel document shall be issued under the procedure prescribed by this Law for the issuance of the passport (the procedure for electronic submission of documents under Article 20 2 (7 8 ) of this Law shall not apply to the issue of the travel passport and the travel document). Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 3355 of 6 July LHG I, No 41, , Art. 255 Law of Georgia No 3653 of 1 October LHG I, No 53, , Art.337 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art.493 Law of Georgia No 5371 of 6 December website, Law of Georgia No 6301of 25 May website, Article A citizen of Georgia has the right to obtain the passport The circle of the persons eligible to obtain the business passport and the procedure for the issuance of the business passport shall be provided by a decree of the President of Georgia. 2. The territorial office of the Agency shall issue the passport on the 10 th business day of the concerned person s production of all the documents required by this Law or in an expedited manner, within the terms fixed by a resolution of the Government of Georgia, and the Ministry of Foreign Affairs of Georgia, the Georgian diplomatic representation or consular agency abroad within 1 month following the concerned person s production of all the documents required by this Law In the case provided by Paragraph 8 1 (f) of this Article, the Agency shall make a decision within 1 month after the application is filed. 3. No other document not specified by this Law may in any way be requested for issuing the passport. 19

20 4. Any capable citizen of Georgia of full legal age as well as to the representative of a minor is eligible to apply for the passport Any minor having attained the age of 14 years is also eligible to apply for the passport if he has obtained the identity card of a citizen of Georgia. 5. (Deleted). 6. (Deleted). 7. Together with the application form, the concerned person shall produce the identity card of a citizen of Georgia, photo and the receipt of payment of the state duty The citizen of Georgia staying abroad who has obtained the passport or identity card of a citizen of Georgia, also the citizen of Georgia staying abroad who has got registered with the Georgian diplomatic representation or consular agency abroad and in respect of whom there is a relevant application-form, may obtain the passport of a citizen of Georgia without producing the identity card of a citizen of Georgia To obtain a travel passport and a travel document, a stateless person having a status in Georgia and a person having a refugee or humanitarian status shall respectively produce residence cards instead of identity cards To obtain a business passport and a travel document, a person shall not produce a receipt of the service charge To obtain the passport, the citizen of Georgia staying abroad (including an underage citizen of Georgia whose legal representative is also staying abroad) who has obtained the passport or identity card of a citizen of Georgia and in respect of whom there is a relevant application-form may apply for the passport through his/her legal representative to the territorial office of the Agency, the Ministry of Foreign Affairs of Georgia, the diplomatic representation or consular agency of Georgia abroad. Representation shall be evidenced in the manner provided by the laws of Georgia To obtain the passport, the citizen of Georgia staying abroad who has obtained the passport or identity card of a citizen of Georgia and in respect of whom there is a relevant application-form may apply by mail to the Ministry of Foreign Affairs of Georgia or the diplomatic representation or consular agency of Georgia abroad It is not mandatory to produce the documents indicated in Paragraph 7 of this Article if the electronic database of the Agency contains the information provided in the relevant document Paragraph 7 6 of this Article shall not apply to the production of the documents to be presented along with the application-form to the Georgian diplomatic representation and consular agency not related to the electronic database of the Agency To obtain the passport, a citizen of Georgia staying abroad who has obtained the passport or identity card of a citizen of Georgia or who has been registered in the 20

21 manner provided by this Law, also the underage Georgian citizen having attained the age of 14 years who has obtained the passport or identity card of a citizen of Georgia who are identifiable by means of the electronic database of the Agency may present the application-form and the other documents required by the laws of Georgia electronically, in the manner provided by an order of the Minister of Justice of Georgia. 8. The passport to the minor or incapable person shall be issued under the notarized consent of his/her legal representative expressed in the presence of the authorized person of the Agency or a consular officer, also under the consent expressed by means of an electronic facility before the authorized person of the Agency in the manner provided by an order of the Minister of Justice of Georgia One of the parents consent expressed in the manner provided by Article 8 of this Law shall be sufficient if: a) the other parent is wanted in the manner provided by the Criminal Procedure Code of Georgia, b) the other parent is dead, incapable or missing, c) the other parent cannot express his/her will due to grave illness, as evidenced from the relevant certificate, d) the minor has attained the age of 16 years, e) the minor is the child of a single mother, f) the issue of the passport is of essential importance for the exercise of the minor s rights and freedoms, consent from the other parent cannot be obtained due to impossibility to establish contact with him/her and, in view of the circumstances of the case, there is a reasonable cause to believe that he/she will not object to giving consent The minor from 16 to 18 years old shall require no legal representative s consent to obtain the passport if he/she is in a registered marriage If the notarized consents of both legal representatives cannot be produced to issue a travel document to a minor with a refugee or humanitarian status for the reason that the other legal representative is in the country where the minor is persecuted (only for the person with a refugee status), the minor is the child of a single mother, the other legal representative is dead, incapable or missing and these facts cannot be confirmed against the relevant documents, the relevant notice issued by the Ministry of Persons Internally Displaced from the Occupied Territories of Georgia, Accommodation and Refugees may be produced instead of them The minor (having attained the age of 14 years) staying abroad shall not be required to produce any identity card in order to obtain the passport. 21

22 8 5. In the case provided by Paragraph 8 1 (f) of this Article, the passport to the minor shall be issued based on a reasonable written decision of the authorized officer of the Passport and Civil Registry Division of the Agency The consent or any other document of representative authority for issuing the passport that is certified by the notary or other competent authority of any other country may be accepted by the competent Georgian authorities without legalization and apostilization. 9. The procedure and terms for the issuance and execution of the passport, the travel passport and the travel document, also the procedure for communicating the decisions on matters related to their issue to the concerned party as well as for the conveying the passport, the travel passport and the travel document to the concerned party shall be provided by an order of the Minister of Justice of Georgia and the procedure for exercising these powers by Georgian diplomatic representations and consular agencies abroad also by a joint order of the Minister of Foreign Affairs of Georgia and Minister of Justice of Georgia. 10. The procedure for the issuance of a business passport shall be provided by a decree of the President of Georgia. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No5487 of 22 November LHG I, No 42, , Art. 387 Law of Georgia No 1391 of 11 July LHG I, No 21, , Art. 109 Law of Georgia No 2213 of 1 December LHG I, No 42, , Art. 315 Law of Georgia No 3653 of 1 October LHG I, No 53, , Art.337 Law of Georgia No3716 of 15 October LHG I, No 57, , Art. 372 Law of Georgia No 4049 of 15 December LHG I, No 76, , Art.493 Law of Georgia No 5371of 6 December website, Law of Georgia No 5563 of 20 December website, Law of Georgia No 6301of 25 May website, Article (Deleted No 4937, ). 2. The passport, the business passport, the travel passport and the travel document may be issued with biometric data content (the biometric passport). 22

23 2 1. The biometric passport shall contain the following details: a) the passport holder s first name b) the passport holder s family name c) the passport holder s citizenship d) the passport holder s date of birth e) the passport holder s personal number f) the passport holder s photo g) the passport holder s sex h) the passport holder s place of birth i) date of issue of the passport j) term of validity of the passport k) name of the issuing authority l) reference to the passport type m) country code n) the passport number o) signature of the passport holder p) notes (for social comments to be made in the passport). 3. The biometric passport shall have a data carrier (chip) that along with other data contains the passport holder s facial image, fingerprints and specimen signature. The technical specifications of the biometric passport shall be defined by an order of the Minister of Justice of Georgia. 4. The data carrier must have sufficient storage capacity and features to guarantee the data integrity, authenticity and confidentiality. 5. The details in an addition to those identified in Paragraphs 2 1 and 7 of this Article may be established by an order of the Minister of Justice of Georgia. 6. The territorial offices of the Agency may issue the passport without biometric data content when biometric data cannot be obtained from a person due to health, physical condition or other reasons. The biometric passport shall not be issued to a Georgian citizen staying abroad through a representative. 7. The passport shall contain the following details: a) the passport holder s first name b) the passport holder s family name c) the passport holder s citizenship 23

24 d) the passport holder s date of birth e) the passport holder s personal number f) the passport holder s photo g) the passport holder s sex h) the passport holder s place of birth i) date of issue of the passport j) term of validity of the passport k) signature of the authorized officer of the territorial office of the Agency, Georgian diplomatic representation or consular agency abroad, l) signature of the passport holder m) seal n) country code o) the passport number p) the passport type. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No1231 of6 April LHG I, No 18, , Art. 108 Law of Georgia No 806 of 19 December LHG I, N o 40, , Art. 267 Law of Georgia No 2213 of 1 December LHG I, No 42, , Art. 315 Law of Georgia No 5371of 6 December website, Law of Georgia No 5563 of 20 December website, Article The passport is valid for the term of 10 years and the passport issued to a person under 18 for the term of 3 years The travel document is valid for the term of 2 years The travel document is issued for the term of 2 years. If less than 2 years remains till the expiry of the term of the residence permit issued to a person, the travel document shall be issued with the effective term of the residence permit For the stateless person having a status in Georgia who held the permanent residence permit prior to the enactment of the Decree of the President of Georgia on Approval of 24

25 the Procedure for Establishing the Status of a Stateless Person, travel document is valid for the term of 5 years. 2. (Deleted). 3. (Deleted). 4. (Deleted). 5. The passport and the neutral travel document may be suspended by a court judgment, in the manner provided by the Criminal Procedure Code of Georgia. Based on the relevant notice regarding suspension of the validity of the passport and neutral travel document as well as regarding cancellation of the measure of suspension of the validity of the passport and neutral travel document, the record shall be made in the electronic database of the Agency. 6. Suspension of the validity of the passport of a citizen of Georgia means restriction of the holder s right to depart from Georgia or travel abroad. 7. If the passport, the travel passport and the refugee s travel document cannot be conveyed to the concerned person in the manner provided by the laws of Georgia, such documents shall be retained in the relevant territorial office of the Agency for 1 year. After expiry of such term, the passport, the travel passport and the refugee s travel document shall be cancelled and destroyed in accordance with the laws of Georgia. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No1231 of 6 April LHG I, No 18, , Art. 108 Law of Georgia No 5973 of 21 March LHG I, No 9, , Art. 60 Law of Georgia No 4986 of 1 July website, Law of Georgia No 5371 I of 6 December website, Law of Georgia No 5301 of 25 May website, Article The passport and the travel document can be replaced by application of the person, in the manner provided by this Law, in the following cases: a) when changing first name or last name, b) when detecting an error in the records, c) when using up the pages intended for visas, d) when it becomes unfit for use (worn, damaged) or is lost. 25

26 2. When changing the passport due to a change in the first name or last name as well as due to an error in the records, when the passport is issued without the issuance of the identification card in the cases provided by this Law, the documents certifying these facts (the copy of first name, last name change certificate, copy of birth certificate, marriage certificate, etc) shall be enclosed with the statement The production of the documents indicated in Paragraph 2 of this Article is not required where the electronic database of the Agency contains the information provided in the relevant document Paragraph 2 1 of this Article shall not apply to the production of the documents to be annexed to applications to the Georgian diplomatic representations and consular agencies not related to the electronic database of the Agency. 3. If the passport to be replaced contains a valid consular visa, it shall be returned to the holder together with the new passport. 4. (Deleted). 5. From the date of issue of the new passport, the lost passport shall be deemed invalid. 6. The passport with the corrections made arbitrarily or with obvious forgery, decomposition, etc., shall be seized from the holder. 7. The persons who make corrections arbitrarily, forge the passport or otherwise violate the rule established by this Law shall be held liable in the manner provided by law. Law of Georgia No 181 of 24 June LHG I, No 19, , Art. 93 Law of Georgia No 1391 of 11 July LHG I, No 21, , Art. 109 Article A person whose citizenship of Georgia has ceased in accordance with law shall hand over the passport to the territorial office of the Agency, the diplomatic mission or consular agency of Georgia. 2. The documents related to the issue of the passport shall be destroyed in the manner provided by law. After annulment, the replaced passport shall be returned to the holder together with the new passport. 3. The passport not executed in the manner provided by this Law is not valid. 26