IN THE NAME OF THE PEOPLE,
CHAIRMAN OF THE PRESIDENTIAL COUNCIL,
-AFTER having perused the Agreement on the Declaration of the Republic of
Yemen,
-AND Law No. (7) of 1990 concerning passports,
-AND the Constitution of the Republic of Yemen,
-AND following consent of the council of Deputies and the Presidential Council,
We have promulgated the law whose text follows:
Article (1):
(a) This law shall be cited as the Yemeni Nationality Law.
(b) The following words and expressions
shall have those meanings assigned to each of them, unless the context should indicate to the contrary there of:
1- Yemeni: The person who enjoys Yemeni nationality.
2- Foreigner: The person who does not enjoy the said nationality.
3- Adulthood: A full eighteen years according to the Gregorian calendar.
4- Minister: The Minister of the Interior.
5- Yemeni nationality: Nationality of the Republic of Yemen.
Article (2):
The Yemenis are:
Inhabitants of the Yemen over whose
normal domicile fifty Gregorian
years at least have passed upon this law corning into force, and the domicile of
the originals shall be deemed complementing that of the branches and the spouse
whenever they have the intent of being such inhabitants.
Article (3):
Yemeni nationality shall be enjoyed by:
(a) Whoever is born to a father enjoying this nationality.
(b) Whoever is born in the Yemen
of a mother who holds this nationality and a father whose nationality is unknown or who has no nationality.
(c) Whoever is born in the Yemen
of a mother who holds this nationality and his kinship to his father has not
been legally established.
(d) Whoever is born in the Yemen to un- known parents and the infant who is found in the Yemen shall be deemed to be born in the Yemen, unless proof to the contrary thereof is established.
(e) The emigrant who, when leaving the territory of the homeland, was enjoying Yemeni nationality and has not relinquished such nationality in accordance with the law and upon an explicit request from him, even though he may have acquired the nationality of the country in which he is domiciled and in accordance with its laws.
Granting of Nationality
Article (4):
By Republican
Decree and upon the submission of the Minister, Yemen nationality may be granted
in the following cases:
a) Whosoever
is born abroad of a mother who holds this nationality and a father of unknown
nationality or who has no nationality, provided that he has made his ordinary
domicile in the Yemen in a legitimate manner for a period of ten successive
years at least before attaining the age of adulthood and his application
choosing the Yemeni nationality has been submitted during one year from his
attaining adulthood.
b) Whosoever
is born in the Yemen to foreign parents, has domiciled there in until attaining
the age of adulthood, is proficient in the Arabic language, of sound mind, not
afflicted with a disablement rendering him a burden upon society, is of good
character and conduct and has not been adjudged with a punishment for criminal
offence or a penalty restricting libel1y in a crime violating public order and
public morals, unless he has been rehabilitated, and provided that he submits an
application to en- join Yemeni nationality within a year of attaining adulthood.
c) Whosoever
is born in the Yemen to a foreign father also born in the Yemen.
d) Whosoever
has rendered to the state or the Arab nation a great service.
e) Whosoever belongs to the Yemeni origin whenever he applies to obtain Yemeni nationality after five years elapse over his making the Yemen his domicile, provided that the grand father from the father's side domicile in the Yemen is established and he relinquishes being related to any other nationality when he is granted nationality.
Article (5):
By Republican
Decree, upon the submission of the Minister, Yemeni nationality may be granted
to the Arab or expatriate Muslim to whom the provisions of the preceding Article
do not apply and that whenever the following conditions are met:
1.
Attainment of
the age of adulthood.
2.
His ordinary
residence in the Yemen in a legitimate manner is for a period of ten successive
years.
3.
He is of good
conduct and character and has not been adjudged with a penalty of a criminal
nature or a liberty restricting penalty in a clime that violates public order or
public morals, unless he has been rehabilitated.
4.
He has a
legitimate means of gaining his livelihood.
5. He is
proficient in the Arabic language.
6. He is of a competence needed by the country, and in such case, he can be exempted from the condition of being proficient in the Arabic language.
Article (6):
The period
provided for in item (2) of the preceding Article may be reduced to five
successive years in respect of the foreigner who obtains permission from the
Minister to inhabit the Yemen for the purposes of pressing nationality needs,
and his actual domicile for this period in the Yemen after the permission shall
be a condition thereof. He must submit an application within three successive
months after the elapse of the said period. If the person so permitted dies
before being granted the nationality, it shall be permissible for his wife and
minor children who were with him at the time of issue of the permission until
the time of his death, to benefit from domicile and from the period which the
demised has resided in the Yemen.
Article (7):
By Republican
Decree and upon the submission of the Minister it shall be permissible to
determine the numbers allowed to be nominated to hold the Yemeni nationality
annually.
Article (8):
By
resolution of the Minister a committee shall be formed whose task shall be the
nomination of those whom it considers should be granted nationalization
certificates within the limits that are permitted each year.
Article (9):
The wife of the naturalized shall not acquire Yemeni nationality by way of subjugation to her husband, unless she should apply for that, publishes her application in one of the local newspapers, the marital status continues for a period of four years from the date of such application and the Minister does not object within the said period. As for the minor children of the said naturalized person they shall acquire Yemeni nationality by way of affiliation to their father if their ordinary domicile with their father in the Yemen is established and they may choose their original nationalities within a year after their attaining the age of adulthood, provided that they refund what the state may have expended upon them for their upbringing and education.
Article (10):
The
Yemeni woman who marries a Muslim foreigner retains the Yemeni nationality,
unless she should desire to relinquish her nationality and establishes this
desire upon marriage or during the continuity of the marriage and the law of the
country of her husband enjoins her in his nationality. If the marriage contract
of such woman is legally void she shall continue to retain her Yemeni
nationality.
Article (11):
The foreign woman who legally marries a Yemeni is enjoined in his nationality whenever the following conditions are met:
(a) Submits an application therefore to the Minister.
(b) Elapse of four years at least over the date of the marriage.
(c) That the Minister by a causal decision during the said four years does not object to her enjoining the Yemeni
nationality. The husband shall have the right to object in this respect to the Minister within the same period.
Article (12):
The
Yemeni's naturalization with a foreign nationality, when that is permitted to
him, shall not entail his Yemeni wife losing her Yemeni nationality, except if
she declares her desire to acquire her husband's new nationality. As for the
minor children they do not lose the Yemeni nationality if they are incorporated
in their father's new nationality by way of lineage.
Article (13):
The woman who has acquired Yemeni nationality by way of affiliation to her husband in accordance with Article (11) of this law shall not lose this nationality merely due to the termination of the marital relationship, provided that such marital relationship should have continued for at least four years since her acquiring the Yemeni nationality.
Article
(14):
The
Yemeni woman who has lost Yemeni nationality in accordance with the provisions
of Articles 11 and 12 of this law, may regain this nationality upon the
termination of the marriage, if she requests such resumption.
Article
(15):
The
Yemeni who has taken a foreign nationality by way of naturalization and had
relinquished his original nationality, may regain the Yemeni nationality if he
requests that in writing.
Article
(16):
It is permissible by a Republican Decree upon the submission of the Minister to return the Yemeni nationality to the person from whom it has been withdrawn in accordance with the provisions of Articles 18, 19 and 21 of this law.
Article
(17):
In
accordance with the Constitution the Yemeni nationality may not absolutely be
dropped from a Yemeni, but it may be withdrawn from whosoever has acquired it in
accordance with the provisions shown in this law.
Article
(18):
By
Republican Decree and upon the submission of the Minister, Yemeni, nationality
may be withdrawn from whosoever has acquired it and that during the five years
successive to such acquisition and that when one of the following circumstances
exists:
(a) If he has been adjudged with a criminal order
and public morals and has not been rehabilitated.
(b) If his don1icile in the Yemen has been terminated for two successive years and such termination was without an
excuse
acceptable to the Minister.
(c) If the acquisition of the Yemen nationality was on the basis of incorrect statements or events, and in such case withdrawal of the said nationality shall be at any time this is established.
(d) If the competent quarters have obtained
evidence of his undertaking the promotion of principles that entail the
destruction of the political, economic or social system in the country or his
affiliation to a foreign Political body or his undertaking the attempt to carry
out an act that is considered to constitute a danger to the security of the
state and the safety of the homeland.
(e) If he gains a foreign nationality without
obtaining the permission provided for in Article (22) of this law.
Article
(19):
By
Republican Decree upon the submission of the Minister nationality may be
withdrawn from whosoever has acquired it if one of the following reasons exists:
(a)
If he accepts to enter the military ser vice of one of the foreign states
with- our prior permission from the competent Yemeni quarters.
(b) If he works in the interests of a foreign state or government which is in a state of war with the Yemen, or political relations with it have been terminated.
(c)
If he accepts work abroad ( a post ) with a foreign government or international
or foreign body and remains in such post despite the order issued to him by the
Yemeni government to leave it.
(d) If a final judgment is
issued convicting him of crimes that pertain to loyalty to the country or
contain the commission of treason against it.
Article
(20):
The
provisions of the preceding two Articles shall not apply to whosoever enjoys
Yemeni nationality on the basis of the provisions of Articles 2, 3, 14 and 15 of
this law.
Article
(21):
Withdrawal of Yemeni nationality from whosoever has acquired it entails the termination of such nationality from such a person alone, unless the termination should provide also for those who have, acquired it along with him by way of lineage.
Article
(22):
With
due regard for the cases where a Yemeni enters a foreign nationality by way of
lineage in accordance with the provisions of this law, it shall not. be
permissible for the holder of Yemeni nationality to acquire a foreign
nationality by naturalization, without first obtaining permission therefore from
the Minister. If The Yemeni should acquire a foreign nationality in violation of
the provisions of the preceding paragraph, he shall continue to be dealt with on
the basis that he still holds Yemeni nationality from all aspects.
Article
(23):
The Muslim foreigner who has acquired Yemeni nationality in accordance with the provisions of Articles 4, 5, 6, 9 and 11 of this law shall not have the right to exercise the political rights determined for Yemenis before the elapse of fifteen years over the date of his acquisition of the said nationality. He also may not be elected or appointed to any representative body before the elapse of the said period over the said date.
Article
(24):
All
the rulings that issued pertaining to nationality shall be considered a claim
upon all and their texts shall be published in the official Gazette.
Article
(25):
All
international conventions and agreements that have been concluded between the
Yemen and foreign states as regards nationality matters shall be acted upon
after their ratification by the Council of Deputies.
Article
(26):
All
decisions pertaining to the acquisition of Yemeni nationality, its withdrawal or
resumption on the basis of the provisions of this law shall be effective from
the date of their issue, unless the law should provide for other than that and
must be published in the Official Gazette within fifteen days from the date of
their issue. This shall not prejudice the rights of good intentions on the part
of others.
Article
(27):
The
burden of proof sha1l lie with the one who claims to be enjoined by Yemeni
nationality or contends that he is not so enjoined.
Article
(28):
Marital
status shall not entail any effect upon the acquisition or loss of nationality,
unless the marital status is established in legal document issued by the
competent quarter.
Article
(29):
The
admissions, declarations of choice, papers and the applications provided for in
this law must be submitted to the Minister and that by delivery against a
receipt to the competent employee at the passports and Nationality Authority in
the governorate which encompasses the domicile of the person concerned and
abroad it shall be submitted to the political or consular representatives. By
resolution of the Minister any other employee may be permitted to receive such
admissions, announcements, papers and documents.
Article
(30):
The
Minister shall give to whosoever acquires Yemeni nationality a Yemeni
nationality certificate against a fee that is determined by a resolution issued
by the Minister. This certificate shall have its legal eligibility, unless it is
revoked by a causal decision of the Minister. The refrainment by the Minister to
grant, it on the appointed time shall be deemed a rejection of the application.
By resolution of the Minister there shall be formed committees to establish the
Yemeni nationality of those concerned and such committees may, in the
performance of its tasks, enlist all methods of proof.
Article
(31):
The judiciary shall undertake to consider the nationality disputes ensuing from the application of the provisions of this law.
Article
(32):
Without prejudice to any sterner penalty provided for in other laws, whosoever makes before the competent authorities false statements with the intent of establishing nationality for himself or for others, or with the purpose of its nullification from himself or from others or submitted incorrect papers with his knowledge thereof, shall be punished with imprisonment for a period that is not less than one year and not more than two years, or with a fine that does not exceed twenty thousand riyals.
Article
(33):
The
Minister shall issue the organizational resolutions and regulations and the
Executive Regulations necessary for the implementation of this law and that in a
manner that. is not. Inconsistent with the provisions contained therein.
Article (34):
This law shall come into force from the date of its promulgation and shall be published in the Official Gazette.
Issued
at the Presidency of the Republic, Sana'a on Safar 5, 1411. AH
Corresponding
to August 26, 1990 AD
Lieutenant
General
Ali Abdulla Saleh Chairman of the Presidential Council