KUWAIT CITY, Nov 25: The Council of Ministers, during its session on November 12, approved a draft decree law addressing the residency of foreigners in Kuwait. This new legislation introduces severe penalties for those involved in residency trafficking and violations, including prison sentences of up to five years and fines amounting to 10,000 Kuwaiti dinars.

The proposed law, obtained by Al-Rai, comprises seven chapters and 36 articles, detailing specific provisions for the entry, residency, and regulation of foreigners in Kuwait.

Key Provisions of the Law

Chapter One: Entry of Foreigners

Article 2: The types of visas and the procedures for obtaining them will be outlined in a decision issued by the Minister of Interior.

Article 3: Citizens of certain countries, as determined by decree and based on the Interior Minister's recommendation, may be exempt from obtaining an  visa, provided reciprocity is maintained.

Article 4: Entry and exit must occur through designated locations and follow procedures established by the Ministry of Interior.

Article 5: Captains of ships and aircraft, as well as drivers of buses and cars, are required to provide detailed crew and passenger lists upon arrival or departure. They must report individuals without valid travel documents to the relevant authorities and prevent them from disembarking or boarding.

Chapter Two: Notification of Competent Authorities

Article 7: Foreign residents are obligated to present their passports or equivalent documents upon request and report any loss or damage to these documents within two weeks.

Article 8: Hotel and furnished residence managers must notify the Ministry of Interior about foreign guests' arrivals and departures within 24 hours. Police officers authorized by the Interior Ministry will inspect records, report violations, and take necessary legal action.

Chapter Three: Residency of Foreigners

Article 10: Kuwaiti citizens can secure residency permits for their foreign spouses. Kuwaiti women, except those who acquired citizenship through marriage, may also obtain permits for their foreign husbands and children. Widows or divorcees with children from Kuwaiti men are entitled to residency permits.

Article 11: Foreign visitors may stay in Kuwait for up to three months unless they acquire a residency permit.

Article 12: Temporary residency of up to three months may be granted, with the possibility of renewal for up to one year. Regular residency permits must be obtained for extended stays, under terms determined by the Interior Ministry.

Foreign nationals may be granted a regular residence permit for up to five years. However, certain groups, including children of Kuwaiti women and property owners in Kuwait, may qualify for permits lasting up to ten years, as specified by the Minister of Interior.

Investors, under Law No. 116 of 2013 concerning direct investment, may be eligible for permits lasting up to 15 years. Regulations for granting such permits will be issued by the Council of Ministers. In all cases, the foreigner’s passport must remain valid throughout the permit’s duration.

Should the residence period expire or renewal be denied, the individual is required to leave Kuwait unless granted a new permit. Exceptions apply to children of Kuwaiti women, property owners, and investors; other residents may not remain outside Kuwait for more than six months without prior permission from the Ministry of Interior, or they risk losing their residency rights.

The Minister of Interior is tasked with determining detailed conditions and procedures for granting and renewing residence permits under this article.

Domestic workers may be granted residence permits under the same terms outlined in Article 13, limited to the duration of their employment contracts. Employers are obligated to inform the Ministry of Interior within two weeks if a domestic worker leaves their employment.

If a worker leaves their job, their residency is canceled as of the departure date. A new residency may be issued if approved by the competent authority. Transferring a domestic worker’s residency is restricted, requiring the employer’s consent or Ministry of Interior approval when public interest dictates.

Additionally, domestic workers must not remain outside Kuwait for more than four months unless prior approval is obtained; otherwise, their residency permit will be revoked.

Employees working in government or non-governmental agencies may be granted residency permits based on a request from their respective employers. Such individuals must possess a valid work passport.

Should the employee’s residency expire without renewal or transfer to another sponsor, they must leave Kuwait within a period set by the Ministry of Interior, not exceeding six months. Changing sponsors within government or private sectors also requires prior approval from the current employer or the Ministry of Interior.

Employers are required to notify authorities within two weeks of the employee’s departure or termination of employment.

Sponsors are responsible for notifying the Ministry of Interior if a foreigner’s entry visa, temporary residence, or regular residence permit expires without departure from Kuwait.

Fees for residency permits, renewals, and entry visas are determined by the Minister of Interior. Exemptions are provided for children of Kuwaiti women who have secured residency under Article 10, as well as other cases specified by the Minister.

Chapter Four: Residence Trafficking and Associated Crimes

Article 18: It is strictly forbidden to engage in the trade of residency by exploiting the recruitment or facilitating the recruitment of a foreign individual through the issuance or renewal of entry visas or residence permits in exchange for monetary compensation, benefits, or promises of such, for oneself or others. This applies regardless of whether the recruitment or renewal involves genuine, fictitious, or alleged employment. Additionally, employing a foreigner for oneself or others without proper authorization or in violation of the Labor Law governing the Private Sector or the Domestic Workers Law is prohibited.

Article 19: Employers or individuals recruiting foreign workers are prohibited from assigning them to tasks other than those specified during recruitment or facilitating their employment by others without official authorization from the Ministry of Interior. Employers are also barred from unjustifiably withholding workers' dues.

Foreign workers must not work for any party other than their designated employer without permission from either their government employer or the relevant authorities.

In all circumstances, it is prohibited for any individual to shelter, employ, or house a foreigner whose residency is invalid or expired, or who lacks valid residency within the country.

Chapter Five: Deportation and Exit Regulations for Foreigners

Article 20: The Minister of Interior has the authority to order the deportation of a foreigner within a specified timeframe, even if the individual possesses a valid residence permit, under the following circumstances:

Article 21: Deportation orders for a foreigner may also extend to include family members who are financially dependent on the individual.

Article 22: Foreigners subject to deportation orders may be detained for up to 30 days, with extensions granted as necessary to implement the deportation decision.

Article 23: Foreigners without valid residency permits or those with expired permits shall be expelled from Kuwait through a decision issued by the Minister of Interior. Such individuals may return to Kuwait only if they fulfill all entry requirements under this Decree-Law.

The Minister of Interior may waive all fines related to violations of this law for expelled individuals, provided they leave the country.

Article 24: Employers or sponsors are responsible for covering the costs associated with deporting or removing a foreign worker from Kuwait.

As an exception, individuals found to have illegally employed, housed, or sheltered a foreign worker in violation of Article 19 must bear the full expenses of deportation. Additionally, the Minister of Interior may order deportation costs to be deducted from the foreign worker’s assets if applicable.

Article 25: If a deported foreigner has interests or assets in Kuwait that require liquidation, they shall be granted a specific timeframe for this purpose, with conditions determined by the Minister of Interior.

Article 26: Previously deported foreigners may only return to Kuwait with explicit approval from the Minister of Interior.

Chapter Six: Penalties

Article 27: The following penalties apply for violations of the specified articles:

Violations of Articles 5, 7 (Paragraph 2), and 8 are punishable by imprisonment of up to three months, a fine of 200 to 400 Kuwaiti dinars, or both.

Violations of Articles 9, 12, 13 (Paragraph 5), 14 (Paragraph 3), and 15 (Paragraph 2) result in imprisonment of up to one year, a fine of 600 to 1,200 Kuwaiti dinars, or both.

Violations of Article 11 incur imprisonment of up to one year, a fine of 1,000 to 2,000 Kuwaiti dinars, or both.

Violations of Article 1 result in imprisonment of up to six months, a fine of 200 to 600 Kuwaiti dinars, or both.

Violations of Articles 4 and 26 are punishable by imprisonment for one to three years, a fine of 1,000 to 3,000 Kuwaiti dinars, or both. Repeat offenders face imprisonment for three to five years and fines of 3,000 to 5,000 Kuwaiti dinars.

Violations of Article 19 lead to imprisonment of up to two years, a fine of 5,000 to 10,000 Kuwaiti dinars, or both.

In cases involving Articles 1 and 4, transportation means used in the offense and funds obtained shall be confiscated, except when owned by a third party acting in good faith.

Article 28: Anyone violating Article 18 faces imprisonment for three to five years, a fine of 5,000 to 10,000 Kuwaiti dinars, or both. The fine increases for each foreigner involved, and penalties double for repeat offenders or public employees committing the offense within their job scope.

If residency trading is conducted by a legal entity, the entity will be fined 5,000 to 10,000 Kuwaiti dinars per violator. Additionally, the entity's business license will be revoked, and the person responsible will face penalties outlined in the first paragraph of this article.

Those receiving permits in exchange for monetary compensation, benefits, or promises face imprisonment of up to one year, a fine of up to 1,000 Kuwaiti dinars, or both. Informants reporting such crimes are exempt from punishment.

Chapter 7: General Provisions and Penalties for Residency Trafficking

Article 29: The Public Prosecution is granted exclusive jurisdiction over the investigation, management, and prosecution of crimes related to residency trafficking, ensuring that all related offenses are handled under its authority.

Article 30: Any individual who violates any provision of this Decree-Law or its associated regulations or decisions, except where a more severe penalty is stipulated by another law, will be subject to a fine ranging from a minimum of 100 dinars to a maximum of 200 dinars.

Article 31: A settlement process is allowed for certain violations under this Decree-Law, offering individuals the option to reconcile by paying fines. This reconciliation can be applied to violations in Articles (6), (7 Paragraph 2), (9), (11), (12), (13 Paragraph 5), (14), (15 Paragraphs 2-4), (16), and (19), according to the following guidelines:

For violations of Articles (6), (7 Paragraph 2), (9), (12), (13 Paragraph 5), (14 Paragraphs 2-3), and (15 Paragraphs 2-4): A fee of two dinars will be charged for the first month of delay, with an increase to four dinars for each day thereafter.

For violations related to domestic workers' residency issues: A fee of two dinars for each day of delay is imposed, with a cap of 600 dinars.

For violations of Article (16): A fee of ten dinars will be charged per day of delay for individuals who entered for a visit, with four dinars for other situations.

For violations of Article (19): A fine of 3,000 dinars is imposed, with the amount multiplied by the number of foreign violators involved.

The total settlement amount cannot exceed the maximum fine prescribed for the specific violation. Payments made in settlement will resolve the criminal case and its associated effects. However, the Minister of the Interior may refuse to allow reconciliation if deemed inappropriate.

Chapter 7: Exemptions and Further Regulations

Article 32: The following individuals and groups are exempted from the application of this Decree-Law:

Article 33: This Decree-Law does not override any international agreements regarding residency that the State of Kuwait is a party to.

Article 34: The regulations and decisions from Amiri Decree No. (17) of 1959 remain in effect until the Minister of the Interior issues the necessary regulations to enforce this new Decree-Law, which should occur within six months from the date of its publication in the Official Gazette.

Article 35: Amiri Decree No. (17) of 1959 is hereby repealed, along with any provisions that contradict the current Decree-Law.

Article 36: Each minister, in their capacity, is responsible for enforcing this Decree-Law, which will be published in the Official Gazette.

Key prohibitions under the Decree-Law:

Employment violations where a foreign worker is employed for purposes other than what they were originally brought in for.

Unjust refusal to pay a foreigner’s wages or benefits as owed under their employment contract.

Unauthorized work where a foreigner is employed by someone other than their approved employer.

Housing or employing a foreigner without a valid residency permit, whether it is expired or not.

Allowing shelter for a foreigner who does not possess a valid residency permit.

Penalties for residency trafficking violations:

The penalty is subject to escalation depending on the number of foreign violators involved.

Public employees who engage in residency trafficking will face a double penalty as they are held to a higher standard due to their role.

Recidivism will lead to a further doubling of the penalty.

Legal entities found guilty of residency trafficking will face a fine between 5,000 to 10,000 dinars, and their license to operate will be revoked. The responsible individual within the entity will face penalties similar to those of an individual violator.

Conditions for the deportation of foreigners:

A foreigner may be deported under the following conditions:

Working without a license or approval, or engaging in unauthorized employment.

For reasons of public interest, such as concerns for public security or morals.

A deportation order may also extend to the foreigner’s family members whom they are responsible for supporting.

A foreigner subject to deportation may be detained for up to 30 days, which may be extended if necessary for the deportation process.

The Minister of Interior may waive fines for deported individuals, provided they leave the country promptly.

The employer or any individual who illegally sheltered or employed the foreigner will be responsible for the expenses related to deportation.

This detailed breakdown of the provisions aims to clearly communicate the legal measures, penalties, and specific rules regarding residency trafficking, deportation procedures, and related criminal actions.