20/04/2025
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20/04/2025
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*Law: Amiri Decree No. 15/1959 on the Kuwaiti Nationality Law and its amendments.
* Ministry: Ministry of Interior.
*Minister: Minister of Interior.
*Genetic fingerprint: A map of inherited biological genes that identifies an individual and distinguishes them from others. It consists of biological traits or a genetic profile of non-coding sites in chromosomal DNA, derived from DNA analysis of biological samples.
*Biosample: A sample taken from the human body or its biological secretions, and used for comparison purposes to determine identity or assist in identifying relatives of the subject person.
*Subject person: An individual whose eligibility for the granting, withdrawal, loss, or revocation of citizenship is under examination using one of the scientific methods specified in this resolution.
*Database: A computer system that stores data containing genetic traits, biometric fingerprints, or other scientific identifiers for individuals whose data has been collected.
*Biometric fingerprints: A form of biometric technology used to identify or verify a person’s identity based on their unique physiological characteristics such as fingerprints, eye color, or facial features. This data is collected to ensure accurate identity verification and prevent impersonation.
Article 2: Modern scientific methods that may be used in the processes of granting, withdrawing, losing, or revoking citizenship shall be determined in accordance with the principles and guidelines set forth in this resolution. These methods include:
1. Fingerprint analysis or genetic trait analysis.
2. Biometric fingerprints or biometric features.
3. Any other modern scientific method currently available or that may be developed in the future.
Article 3: Citizens and residents subject to investigation are required to undergo genetic fingerprinting and biometric fingerprinting for the purposes of granting, withdrawing, losing, or revoking citizenship, in accordance with the regulations outlined in this resolution.
Article 4: The authorities designated to conduct DNA and biometric fingerprint analysis shall be determined by a decision of the Minister of Interior, and shall include the center affiliated with the General Department of Criminal Evidence. These designated authorities must be equipped with medically and technically approved tools necessary for conducting DNA or genetic profile analysis, as well as biometric fingerprint examinations, to confirm or deny paternity and lineage in relation to the implementation of this resolution.
Article 5: Biometric fingerprints shall be used through fingerprints, iris scans, facial scans, or photographic image matching, following the rules outlined below:
1. Biometric fingerprinting for the purposes of this decision shall be conducted at the General Department of Criminal Evidence, based on a request from the General Department of Nationality and Travel Documents, or any other entity designated by the Minister of Interior.
2. The General Department of Criminal Evidence, or any entity that maintains data containing genetic characteristics, biometric fingerprints, or any other scientific methods mentioned in this decision, shall disclose the subject person’s data from its registered database. If available, this data shall be sent directly to the General Department of Nationality and Travel Documents. If no registered data exists, the subject person shall be summoned, in accordance with this decision, to undergo biometric fingerprinting within one week from the date of the request.
3. The General Department of Criminal Evidence shall send the biometric fingerprint results to the General Department of Nationality and Travel Documents of Kuwait, or the entity designated by the Minister of Interior.
4. The General Department of Nationality and Travel Documents shall prepare a memorandum of opinion on the implications of the biometric fingerprint results and their validity as evidence for the granting, withdrawal, loss, or revocation of citizenship. The memorandum shall be submitted to the Supreme Committee for Citizenship to take appropriate action.
5. Upon request from the concerned parties or the General Department of Criminal Evidence, and with the approval of the General Department of Nationality and Travel Documents or any designated party by the Minister of Interior, biometric fingerprinting may be retaken to ensure the validity and accuracy of the results.
Article 6: The procedures for conducting DNA fingerprinting shall be determined according to the following rules:
1. To conduct DNA fingerprinting for the purposes specified in Article 3 of this resolution, a permit must be obtained from the General Department of Nationality and Travel Documents or the entity designated by the Minister of Interior.
3. The analysis shall be conducted in one of the approved laboratories, as specified in Article 4 of this resolution, with appropriate precautions taken to maintain the confidentiality of the test results. DNA will be extracted and compared with the DNA strand to determine the degree of compatibility in accordance with established technical and medical rules.
4. Those conducting DNA fingerprint analyses must meet the following requirements:
They must be from a list approved by the Ministry of Interior.
They must not have any kinship, friendship, enmity, or interest in any of the individuals undergoing the DNA test.
They must not have been previously convicted of a felony or a crime involving moral turpitude or dishonesty.
They must maintain a record of the tests performed to enable the competent authorities at the Ministry of Interior to review them upon request.
5. After the analysis is completed, a report will be issued by the laboratory where the tests were conducted, detailing the results. This report shall be submitted in a confidential envelope to the General Department of Criminal Evidence at the Ministry of Interior.
6. The General Department of Criminal Evidence shall prepare a final report with its approved opinion on the examination of the test results and submit it to the General Department of Nationality and Travel Documents.
7. The General Department of Nationality and Travel Documents shall prepare a memorandum of opinion outlining the implications of the test and its validity for granting, withdrawing, losing, or revoking citizenship. This memorandum will be submitted to the Supreme Committee for Citizenship to take the appropriate action.
8. Upon request from the concerned parties or the examination center, and with the approval of the General Department of Nationality and Travel Documents or any entity designated by the Minister of Interior, the DNA test may be repeated to ensure the accuracy of the results.
Article 7: DNA analysis may be conducted using any of the following biological samples:
1. Blood
2. Semen
3. Hair root or strand
4. Bone
5. Saliva
6. Urine
7. Amniotic fluid of the fetus
9. Body cell
Article 8: Every step of the DNA analysis process, from sample transfer to the final results, shall be documented to ensure the integrity of the samples and the accuracy of the results. These documents shall be stored for reference at the General Department of Criminal Evidence. The Ministry of Interior may audit these records at any time to ensure their integrity, the security of their storage systems, and their confidentiality.
Article 9: The Ministry of Interior may seek the assistance of specialists from the Ministry of Health and other entities it deems appropriate to supervise the organization and conduct of DNA analysis, in accordance with the procedures and controls specified in this resolution.
Article 10: Strict confidentiality and privacy must be maintained when handling genetic data obtained through any of the scientific methods referred to in this resolution.
Article 11: The Undersecretary of the ministry shall be responsible for implementing this resolution, which shall take effect from the date of its publication in the official gazette.
