Kuwait's Official Gazette publishes decree-law amending citizenship law

UNA) - 12/04/26 23:16 GOVT-KUWAIT-CITIZENSHIP-DECREE 3 Kuwait's Official Gazette publishes decree-law amending citizenship law KUWAIT -- The Article 11 bis states that those holding Kuwaiti nationality through naturalization must renounce their foreign nationality, if they hold another nationality, within three months from the date of obtaining Kuwaiti nationality and must submit proof of this to the Ministry of Interior within that period. Otherwise, the granting of Kuwaiti nationality shall be deemed null and void as of the date of granting. The amended Article (12) permits the reinstatement of Kuwaiti nationality to a Kuwaiti woman who lost it as a result of acquiring her foreign husband's nationality, in accordance with Article (1) of this draft decree-law. This reinstatement is granted by decree upon the termination of the marriage, provided that she requests it and that her habitual residence is in Kuwait, or she has returned to reside in Kuwait. The amended Article (13) specifies the cases in which Kuwaiti nationality may be withdrawn from a foreigner who holds it through naturalization. The withdrawal shall be issued by decree, based on the proposal of the Minister of Interior and the approval of the Higher Committee for Kuwaiti Citizenship Investigations. Article (14) bis permits the revocation of Kuwaiti nationality by decree, based on the proposal of the Minister of Interior and the approval of the the Supreme Committee for Nationality in the cases specified in this article. The amended third paragraph of Article (16) stipulates that a person who has lost Kuwaiti nationality, or from whom it has been withdrawn or revoked, shall be deprived of all the benefits they had enjoyed as a result of their acquisition, if the loss, withdrawal, or revocation occurred in accordance with the provisions of Articles (10, 11, 11 bis, and Article 13 clauses 2, 3, 5, and 6). To ensure the affirmation of national identity and to eliminate any doubts in matters of nationality, the amended second paragraph of Article (20) permits the use of scientific methods, including DNA testing and biometric identification, in cases of loss, withdrawal, or revocation of nationality, in accordance with the rules and regulations issued by a decision of the Minister of Interior. The amended Article (21 bis A) provides for the withdrawal of a Kuwaiti nationality certificate if it is proven that it was granted unlawfully based on fraud, false statements, or incorrect testimonies. Such withdrawal shall be made by decree, based on the proposal of the Minister of Interior and the approval of the Higher Committee for Kuwaiti Citizenship Investigations. This article also provides for the withdrawal of Kuwaiti nationality from any person who acquired it by dependency on the holder of such a certificate. The amended Article (21 bis B) imposes a penalty of imprisonment for a term not exceeding three years and a fine not exceeding KD 3,000 on any person who provides incorrect information to the administrative authorities responsible for investigating Kuwaiti nationality, or to committees formed for this purpose, whether to establish nationality for themselves or others or to facilitate its acquisition, whether such statements are made orally or in writing, if it is not proven that they made a reasonable effort to verify the accuracy of the information. The penalty is aggravated to imprisonment for a term not exceeding seven years if the person knowingly provides false information, with the possibility of imposing a fine not exceeding KD 5,000, in addition to imprisonment. To prevent differing interpretations and disputes regarding the possibility of challenging decrees and decisions related to nationality, the amended Article (22) clearly stipulates that all such matters are considered acts of sovereignty and are not subject to judicial review. The amended Article (23) assigns the Public Prosecution exclusive jurisdiction over the investigation, disposition, and prosecution of all crimes related to nationality matters. Article (2) of the draft decree-law provides for replacing the terms "Minister of Interior" and the "Higher Committee for Kuwaiti Citizenship Investigations", with "Head of Police and Public Security Departments" and "Supreme Committee" wherever they appear in the provisions of Amiri Decree No. (15) of 1959. Article (3) affirms that anyone granted Kuwaiti nationality by dependency on a person under Amiri Decree No. (15) of 1959-prior to this decree's entry into force shall be deemed a naturalized Kuwaiti. Article (4) of the draft repeals Articles (2, 3, 4, 5, 6, and 7 bis) of Amiri Decree No. (15) of 1959, as well as Law No. (44) of 1994 (which added a new clause to Article 7 of the same decree), and Law No. (32) of 1995 (which amended certain provisions of the decree), and also repeals any provision that conflicts with this draft. Finally, Article (5) obliges the Prime Minister and the ministers, each within their respective competence, to implement it, and stipulates that it shall come into force from the date of its publication in the Official Gazette.