TURKMENISTAN: CHANGES TO MIGRATION LAW AFFECT

UNCLAS SECTION 01 OF 02 ASHGABAT 001490 SENSITIVE SIPDIS STATE FOR SCA/CEN;DRL E.O. 12958: N/A TAGS: PGOV PHUM TX SUBJECT: TURKMENISTAN: CHANGES TO MIGRATION LAW AFFECT DEPARTURE OF FOREIGNERS, RESIDENCY PERMIT SEEKERS ¶1. (U) Sensitive but unclassified. Not for public Internet. ¶2. (SBU) SUMMARY: Recently-approved amendments to the Law on Migration provide for stricter migration controls. Some provisions are vague. For example, there is language that permits authorities to bar a foreign citizen from entering or departing for any reason. Textual changes throughout the amended articles indicate that the State Service for the Registration of Foreign Citizens no longer has a role in managing foreign visitor movement. There are also new provisions on eligibility for residency. Changes to the section about legal residency for foreigners would allow significant investors and respected experts in certain academic fields to obtain a residence permit. The amended law may also make it easier for many of those who possess Russian or other foreign passports and have resided in the country for many years to continue to live in Turkmenistan as residents now that a ban on dual citizenship will be enforced. END SUMMARY. ¶3. (U) On November 4, President Berdimuhamedov approved changes to the 2005 Law on Migration. The most substantial changes were to article 7, which relates to the entry and exit of foreigners to and from Turkmenistan, and to article 14, which relates to residence permits for foreigners seeking to live in Turkmenistan. Textual changes throughout the amended articles also indicate that the State Service for the Registration of Foreign Citizens no longer has a role in managing foreign visitor movement. ¶4. (U) New text added to article 7 provides five reasons a foreign or stateless citizen might be denied exit. (1) He can be refused departure if there is reason to initiate a criminal case against him, which would continue until the case proceedings concluded. (2) If the person is convicted of a crime, he would be barred from departure until his sentence is served or he is released. (3) If the court imposed damages or other liabilities, the person would be denied exit from the country until payment was made. (4) The government can also prevent a foreign or stateless citizen from departing if his departure risked "contradicting the national security interests of Turkmenistan", or (5) if there are "circumstances pursuant to Turkmenistan legislation, or other circumstances, that obstruct their departure." ¶5. (U) Article 14 expands who can petition for a residence permit. Ethnic Turkmen, those who are married to a Turkmen citizen, those who have close relatives who are Turkmen citizens living in Turkmenistan, or those engaged in custody or guardianship of a Turkmen citizen can request residency. Citizens of CIS countries and stateless persons who arrived from CIS countries, if they registered in Turkmenistan before the CIS visa regime was introduced (1999),can also request residency. ¶6. (U) New language also creates special categories for persons who could request residency permits. For example, an investment of not less than $500,000 in the country, or high professional qualifications, or "significant achievements in the areas of science, culture, art or sports," make a person eligible for residency. The president, as well, can bestow a residence permit on anyone he likes for any reason. ¶7. (SBU) COMMENT: The changes broaden the playing field for those seeking residence permits, which is important since Turkmen officials plan to enforce the constitutional provision that bars dual citizenship. These amendments would allow many of those who possess Russian passports to continue to live in Turkmenistan as residents. A residence permit is a valuable document, in that it can be valid for any period of time and it eliminates the need for a Turkmen visa. However, there are places in the revisions where the language continues to be vague, leaving room for a variety of ASHGABAT 00001490 002 OF 002 interpretations. For example, there is language that permits authorities to bar a foreign citizen from entering or departing for any reason. The law will continue to fulfill its overall mandate to control the borders. END COMMENT. CURRAN