KUWAIT CITY, Dec 23: Brigadier Mishaal Al-Shanfa, Director of the General Department of Residence Affairs Investigations, has announced that a new foreign residence law, expected to take effect in March, will introduce stringent penalties aimed at significantly reducing violations. He emphasized that the crime of residency trafficking, which was previously classified as a misdemeanor, has now been elevated to a felony, with penalties including up to five years in prison and fines of up to 10,000 Kuwaiti dinars per worker involved, reported Al-Jarida newspaper.

Al-Shanfa explained that the law will impose harsher penalties as the number of violating workers increases. If the offender is a public employee exploiting their position, the penalty will be doubled. Although Kuwait has encountered cases of human trafficking, he noted that these instances are rare and nearly nonexistent this year. The administration has deported approximately 26,000 residency violators in the past eight months, with projections suggesting that this number could exceed 30,000 next year. Under the new law, violators will face imprisonment, fines, and deportation. Al-Shanfa urged violators to rectify their status promptly before the law is implemented.

To mitigate the impact on Kuwait's international reputation, the term "residency trafficking" is being reframed as "residency for money." Al-Shanfa clarified that most cases involve random acts rather than organized networks, and the administration is conducting daily inspection tours in collaboration with the Public Authority for Manpower to ensure compliance. The new law also addresses visitors who overstay their permitted period. According to Article 11, foreigners entering Kuwait for a visit may stay for up to three months unless granted an extension by the Ministry of Interior. Violators will face imprisonment of up to one year, fines ranging from 1,000 to 2,000 dinars, or both.

Al-Shanfa provided insight into the General Administration of Residence Investigations, which oversees the residency status of more than three million foreign residents in Kuwait. The department operates through six sub-divisions, including teams dedicated to monitoring violators, coordinating inspections, and addressing labor law violations. These efforts aim to maintain national stability by ensuring compliance with residency laws.

When asked about residency trading in Kuwait, Al-Shanfa acknowledged its existence but stressed that it is not as pervasive as sometimes portrayed. This year, over 500 misdemeanors and 66 felonies related to residency trading, forgery, and fraudulent company practices have been referred for prosecution. The issue of residency trade in Kuwait appears to be more random than organized, according to Brigadier Al-Shanfa. He noted that violators often enter the country through improper channels, paying significant sums to gain entry. If they fail to secure employment, they resort to various means to recover their losses. This year alone, over 26,000 violators have been deported, with most cases involving residency in exchange for money. To address this, authorities conduct inspections of companies to verify their legitimacy, with nearly daily tours carried out in collaboration with the labor force.

Al-Shanfa acknowledged that Kuwait’s population of three million expatriates is substantial, but he attributed this to the labor market's needs, especially with ongoing expansion. He highlighted that the residency law, originally established in the 1960s when the expatriate population was smaller, has now been updated to better regulate the growing numbers.

Under the new law, trading residency for money has been elevated from a misdemeanor to a felony, with penalties including up to five years of imprisonment for both sponsors and sponsored individuals. Al-Shanfa emphasized that while cases of human trafficking are rare, the new legislation introduces stringent measures to deter violations. The administration played a role in shaping the law by providing suggestions that were incorporated into the final draft.

Al-Shanfa also addressed cases of individuals bypassing regulations, such as businesses fraudulently bringing in large numbers of workers under false pretenses. These cases have been referred to the Public Prosecution, and the new law aims to prevent such abuses. Previously, workers who were dissatisfied with their sponsors would leave and seek employment elsewhere. The updated law imposes penalties, including up to one year in prison and fines, for absconding workers and their sponsors. Sponsors who abandon their workers will also face imprisonment.

The law, expected to be implemented by March 2025, introduces harsher penalties for residency violators. For instance, a residency trader who exploits 10 workers could face up to 50 years in prison and significant fines. Public employees who abuse their positions to facilitate violations will face doubled penalties.

The grace period before the law’s implementation offers violators an opportunity to rectify their status. Once the law is enforced, penalties will include imprisonment, fines, and deportation. This year, approximately 26,000 violators have been apprehended, and the number could exceed 30,000 next year. The law applies to all violators, including employers who hire workers not under their sponsorship. Both the worker and employer will face severe consequences under the new regulations. Instances of labor smuggling through ports remain isolated, but authorities continue to monitor and address such cases diligently.

The new residency law in Kuwait introduces stringent penalties aimed at curbing the trade in residencies. Chapter Four explicitly prohibits the exploitation of residency permits by recruiting or facilitating the recruitment of foreigners in exchange for money, benefits, or promises, regardless of whether the recruitment or renewal is for real, fictitious, or alleged work. Violations include employing foreigners without a license or in contravention of labor laws.

Under the law, violators of Article 18 face imprisonment of three to five years and fines ranging from 5,000 to 10,000 Kuwaiti dinars. The fine increases proportionally with the number of violators involved, and penalties are doubled if the offender is a public employee abusing their position. Repeat offenses also lead to doubled penalties. If a legal entity is involved, it faces fines of the same magnitude, multiplied by the number of violations, and the revocation of its license. Individuals responsible for such entities are subject to the same penalties as direct offenders. However, those who voluntarily report such crimes to the authorities are exempted from punishment.

Some confusion exists between residency trafficking and human trafficking. While cases of human trafficking are occasionally referred to the Public Prosecution, they are rare. This year, no such cases have been reported. To safeguard Kuwait's reputation in international forums, residency violations are now categorized as residency-for-money offenses rather than trafficking.

Instances of labor smuggling or illegal entry through ports are relatively rare and generally involve isolated cases. Some sponsors, unaware of the law, may force workers into activities outside their intended scope of employment, potentially falling under human trafficking. Infiltrators, particularly those entering via land routes, have been apprehended through coordinated efforts with land and criminal port authorities and state security. Penalties for such offenses now extend to truck owners and those facilitating illegal entry.

Many infiltrators are motivated by the prospect of better job opportunities in Kuwait, drawn by the belief that their circumstances will improve upon arrival. However, with the implementation of advanced biometric fingerprint systems, it is now nearly impossible for deportees to return legally. Previously, this was a significant challenge.

Service offices have also become a concern. While some operate officially, many others function without licenses, often exploiting workers. This year, 50 fake service offices were uncovered, and violators were referred for investigation and eventual deportation. Citizens are urged to use licensed offices to avoid legal complications. Offices that take money from workers and abandon them are subject to severe penalties under the new law.

Hourly workers are also monitored. Complaints against such practices lead to office inspections, and violators are deported. As for rumors of backlogs in administrative processes or capacity issues at facilities, authorities periodically pause campaigns to manage the influx of violators before resuming their efforts.

The new law aims to address these issues comprehensively, ensuring that violators face deterrent penalties while promoting a lawful and organized labor environment in Kuwait. The security campaigns launched after the expiration of the residency period for violators have yielded positive results. So far, 26,000 individuals have been deported through residency investigations. While these numbers are promising, the capacity of the police imposes certain limitations on the operations.

Regarding biometric fingerprinting, not all individuals who fail to complete it are in violation of residency laws. However, the process is crucial for unifying the database, determining the actual number of workers in the country, and organizing the overall system.

Each governorate has a dedicated office to address residency violations. These offices are highly productive, and citizens are encouraged to report violators to facilitate inspections. Areas such as Al-Jleeb and Al-Mahboula, known hotspots for violations, remain under continuous surveillance. Recent campaigns in Al-Jleeb, for instance, were conducted without prior notice to prevent violators from escaping. It is important to note that not everyone in these areas is a violator; many companies house their workers in these locations due to the affordability of accommodations.

The issue of residency trafficking has been reframed as "residency for money" to protect Kuwait's reputation in international forums. Campaigns also extend to markets like the fish market, Sharq, and Mubarakiya, as well as remote areas such as Al-Mutlaa and desert camps. The new law aims to deter violations by holding sponsors, offending workers, and employers accountable. Residency permits are mandatory for foreigners in Kuwait, and those without permits are considered in violation, regardless of their contributions to labor.

Under Article 18, if a citizen reports an absent worker and later reconciles with them, the executive authority only records the absence after receiving a report from the labor force. If the issue is resolved, a letter from the relevant authorities can cancel the report after the fine is paid and the situation is rectified. It is worth noting that the grace period for residency violators under the current law has ended, but another term has been granted before the new law is enforced. Violators now face deportation, but once the law takes effect, penalties will include imprisonment, fines, and deportation. Sponsors are urged to monitor their workers to avoid penalties, as this is an opportunity to comply before the law is implemented.

The new residency law, as stated in Article 11, limits the stay of foreigners entering Kuwait on a visit visa to three months. They must leave upon its expiry unless they obtain a residency permit from the Ministry of Interior. Violators of this article face imprisonment of up to one year, a fine ranging from 1,000 to 2,000 dinars, or both.

Brigadier Al-Shanfa provided statistics on the department’s activities. By the end of November, following a three-month grace period for status adjustments, 14,734 violators had amended their status. The department recorded 507 misdemeanor cases, 66 felonies, and seized 46 fake offices involving 117 violators. Additionally, 525 visitors were received, 230 companies inspected, and 8,230 absenteeism reports processed. Service centers handled 15,419 cases. The Ministry of Foreign Affairs reported 7,144 cases of unfit individuals outside Kuwait, while the Ministry of Health flagged 350 such cases inside the country, leading to their deportation. The administration also actively engages with users of the Sahel government program, addressing 214 complaints, 73 inquiries, and 42 suggestions received through the platform.