The Kuwaiti Council of Ministers, during its session on November 12, approved a draft decree law addressing the residency of foreigners in Kuwait. The 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.

Key Provisions of the Law

Chapter One: Entry of Foreigners

• Article 1: Foreigners must hold a valid passport or travel document to enter Kuwait, with GCC nationals exempt from this requirement.
• Article 2: Details for obtaining entry visas will be outlined by the Minister of Interior.
• Article 3: Some countries may have exemptions for entry visas, based on the Interior Minister's recommendations.
• Article 4: Entry and exit must occur through designated locations as per the Ministry of Interior procedures.
• Article 5: Captains and drivers must provide passenger and crew lists to authorities upon arrival or departure.

Chapter Two: Notification of Competent Authorities

• Article 6: Foreigners with children born in Kuwait must notify the Ministry of Interior within four months.
• Article 7: Foreign residents must report the loss or damage of their documents within two weeks.
• Article 8: Hotel managers must notify the Ministry of Interior of foreign guest arrivals and departures within 24 hours.

Chapter Three: Residency of Foreigners

• Article 9: Foreign nationals must obtain a residency permit to reside in Kuwait.
• Article 10: Kuwaiti citizens can secure residency for their foreign spouses, children, and in some cases, widows or divorcees.
• Article 11: Foreign visitors may stay up to three months without a residency permit.
• Article 13: Regular residency permits may be granted for up to five years, with some exemptions for children of Kuwaiti women and investors.
• Article 14: Domestic workers may be granted residency based on their employment contract duration.

Chapter Four: Residence Trafficking and Associated Crimes

• Article 18: Engaging in residency trafficking for monetary compensation or benefits is strictly prohibited.
• Article 19: Employers must not assign workers to tasks other than those specified during recruitment.

Chapter Five: Deportation and Exit Regulations for Foreigners

• Article 20: Foreigners may be deported for lacking a legitimate income, violating laws, or for public interest concerns.
• Article 23: Foreigners without valid residency permits will be expelled, and deportation costs will be covered by the employer or violating party.

Chapter Six: Penalties

• Article 27: Violations of residency laws will incur fines ranging from 200 to 10,000 Kuwaiti dinars depending on the severity of the violation.
• Article 28: Residency trafficking violations lead to imprisonment for three to five years and fines up to 10,000 Kuwaiti dinars.

Chapter Seven: General Provisions and Exemptions

• Article 32: Heads of State, diplomats, and their families are exempt from the application of this law.
• Article 33: This law does not override international residency agreements Kuwait is a party to.

Key Prohibitions Under the Decree-Law

• Residency trafficking through recruitment for money or benefits.
• Employment violations where workers are employed for unauthorized purposes.
• Refusal to pay a worker’s dues under their employment contract.
• Unauthorized work by foreign workers outside their approved employer.
• Housing or employing foreigners without valid residency permits.

Conditions for Deportation of Foreigners

• Deportation may occur if a foreigner lacks a legitimate source of income or violates employment laws.
• Deportation may extend to family members dependent on the foreigner.
• Employers or individuals responsible for illegal sheltering must bear deportation costs.

Penalties for Residency Trafficking Violations

• Imprisonment for 3 to 5 years and fines ranging from 5,000 to 10,000 Kuwaiti dinars.
• Legal entities found guilty of trafficking face fines and revocation of business licenses.