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Monday, December 23, 2024
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Kuwait Official Gazette publishes amendment to citizenship law under Decree-Law 116/2024

publish time

23/12/2024

publish time

23/12/2024

Kuwait Official Gazette publishes amendment to citizenship law under Decree-Law 116/2024

KUWAIT CITY, Dec 23: The Official Gazette (Kuwait Today) published on Monday, December 23, 2024, Supplement No. 1718, which contains Decree-Law No. (116) of 2024. This decree amends certain provisions of Amiri Decree No. (15) of 1959 regarding the Kuwaiti Nationality Law. The decree includes the following details:

Decree-Law No. 116 of 2024: This law amends specific provisions of Amiri Decree No. (15) of 1959, which governs the Kuwaiti Nationality Law, in response to societal developments and the need to address issues in the law’s practical application. The amendments are based on the proposal of the First Deputy Prime Minister and Minister of Interior, following the approval of the Council of Ministers.

Article One: Amendments to Articles (7), (8), and (13) The following changes have been made to the Kuwaiti Nationality Law:

Article (7), Paragraphs One and Two: Foreigners acquiring Kuwaiti nationality will not automatically confer nationality on their wives. However, their minor children will be considered Kuwaiti nationals, with the option to retain their original nationality within one year of reaching adulthood.

Article (8): A foreign woman’s marriage to a Kuwaiti man will not grant her Kuwaiti nationality.

Article (13): Kuwaiti nationality may be revoked by decree in the following cases:

- If nationality was obtained through fraud, forgery, or false statements.

- If the individual is convicted of a crime that violates honor or trust, or a crime against the state’s internal or external security, or a crime against the divine, prophets, or the Amir.

- If the individual is dismissed from a government job for reasons related to honor or trust within ten years of acquiring Kuwaiti nationality.

- If the national security interests of the state require it.

- If evidence shows the individual is promoting principles that undermine the country’s economic or social system or is affiliated with a foreign political body.

Article Two: New Provisions A new article, numbered (7 bis A), has been added to the law, providing that a minor born to a Kuwaiti mother who resides in Kuwait may be treated as a Kuwaiti citizen if the foreign father is a prisoner, has irrevocably divorced the mother, or is deceased. This status will continue until the minor reaches adulthood.

Additionally, a new paragraph has been added to Article (20), allowing for the use of modern scientific methods to grant, withdraw, or revoke citizenship, in accordance with regulations set by the Minister of Interior.

Article Three: Cancellations The second and third clauses of Article (5) and Article (9) of Amiri Decree No. (15) of 1959 are canceled, along with any provisions that conflict with the new amendments.

Article Four: Implementation The decree-law will be implemented from the date of its publication in the Official Gazette. The ministers responsible for each area will enforce the provisions of the decree-law.

Explanatory Memorandum: The explanatory memorandum highlights the importance of the Nationality Law in Kuwait, noting that the country has been a pioneer in regulating nationality matters. The law was first governed by Law No. (2) of 1948 and later amended by Amiri Decree No. (15) of 1959. These amendments aim to address practical challenges in the implementation of the law, particularly regarding the acquisition and revocation of nationality.

The recent amendments focus on resolving issues related to nationality acquisition through marriage, conditions for revocation, and providing support for Kuwaiti mothers and their children in specific circumstances. The law now also authorizes the use of modern scientific methods in citizenship matters, ensuring the law remains relevant in today’s context.

The decree was issued by His Highness the Amir of Kuwait, Sheikh Meshal Al-Ahmad Al-Jaber Al-Sabah, Acting Prime Minister Fahad Yousef Saud Al-Sabah, and Deputy Prime Minister and Acting Minister of Interior Sherida Abdullah Saad Al-Muasherji at Seif Palace on December 17, 2024, corresponding to 16 Jumada Al-Akhira 1446 AH.