Legislative Decree number 276 of November 20, 1969 (published in the Official Gazette of 1969, p. 903), as amended by the Legislative decree number 17 of February 13, 1972 (published in the Official Gazette of 1972, p. 351).
The President of the State,
Pursuant to the provisions of the Provisional Constitution, and to the
Council of Ministers Decision No. 276 of 24 November 1969 Decrees the following:
The following words and expressions shall have the meanings stated against them wherever they occur in the text unless otherwise indicated:
A) The Country: The Syrian Arab Republic
B) Nationality: The nationality of the Syrian Arab Republic
C) The Ministry: The Ministry of the Interior
D) The Minister: The Minister of the Interior
E) Of full rights: Enjoying full civil rights, is over eighteen years, if comps mentis, and has never been declared incapable of running his affairs.
F) A Syrian Arab: Any person who enjoys the nationality of the Syrian Arab Republic.
G) An Expatriate Citizen: Any person of Arab origin who is not resident of an Arab state or holder of the nationality of an Arab state.
H) Alien: Any person who does not enjoy the nationality of the Syrian Arab Republic or that of any other Arab country.
I) Naturalized person: Is a person who has acquired the Nationality of the Syrian Arab Republic pursuant to the provisions of this Decree or any earlier nationality laws.
The nationality of the Syrian Arab Republic shall be considered confirmed for everyone who was enjoying it in accordance with Legislative Decree No. 67 of 31 October 1961.
The following shall be considered Syrian Arab Ipso facto:
A. Anyone born inside or outside the country to a Syrian Arab father.
B. Anyone born in the country to a Syrian Arab mother and to an unknown father.
C. Anyone born in the country to unknown parents or to parents of unknown nationality or without one. a foundling in the country shall be considered born in it in the place in which he is found unless proved otherwise.(see the foundlings act)
D. Anyone born in the country and was not at the time of his birth entitled to acquire a foreign nationality by virtue of his parentage.
F. Who is originally belong to the Syrian Arab Republic and does not neither acquire other nationality nor apply to chose the Syrian nationality within the time period specified by the previous Laws and decrees .
This article takes effect even if the birth was before the date of Implementation of this Legislative Decree .
The nationality may be granted to an alien by decree upon the recommendation of the Minister following an application from the alien concerned who should be:
A. Of full civil rights.
B. Resident in the country for at least five consecutive years prior to the submission of the application. Interrupted residence is considered consecutive provided absence does not exceed one year which is added to the five years.
C. Free of all communicable diseases, infirmities, or ailments that may prevent him from work.
D. Of good conduct and reputation and with no record of criminal offence or of freedom-restricting punishment in connection with infamous crimes unless rehabilitated.
E. Of a specialization or expertise that may be beneficial to the country and which is legitimate means of earning a living. Otherwise he should possess sufficient resources that free him from needing help from others.
F. Able to read and write Arabic.
Nationality is individually granted except the one family members .
Nationality may be granted by a decree upon the suggest of the Minister without regard to the nationality granting conditions mentioned on article 4 for :
1 - Who has an Expatriate citizen certificate and apply for the nationality .
2 – Who provides considerable services to the state or to the Arab nation .
3 – who was originally belonged to an Arabic country, upon his request and to a reasons considered by the minister .
Nationality could be grant for adults whose father acquire this nationality if they request it ,by a decree upon the suggest of the Minister, and the residence period laid down under clause B of Article 4 in this case reduced to be two years only .
1 – nationality grant to the alien’s wife who acquire the nationality under the following conditions :
A – To submit an application to the ministry.
B – The continues of the Marriage for two years from the date of submitting the application.
C – wife must be legally reside in the country during the period mentioned on the previous clause B .
D –A decision come forth by the minister providing her acquirement of Nationality.
1.The acquisition by a Syrian Arab man of a foreign nationality, when authorized to do so, leads to the loss by the wife of her nationality if the relevant laws governing the new nationality of her husband provide for her acquisition of it, unless she applies, within a year of her husband’s acquisition of a foreign nationality, to keep her Syrian Arab nationality.
2. Minor children forfeit their nationality if the relevant laws governing their father’s new nationality provide for their acquisition of it.
3. Children subject to the provisions of the preceding paragraph may opt for their father’s original nationality during the year following their attainment of the age of majority if they have been living in the country or have returned to it for the purpose of permanent residence. Permission to do so is granted by the Minster.
A Syrian Arab woman married to an alien shall keep her nationality unless she asks to acquire her husband’s nationality assuming that the relevant nationality law allows it. The wife shall keep her nationality if the marriage contract is invalid under Syrian law but valid under the laws governing that contract.
A wife who has acquired the nationality in accordance with Articles 8, 9, 18 and 19 shall not lose it upon the end of the marriage unless she marries an alien and acquires his nationality or recovers her original nationality.
Syrian Arab Women who lost her nationality in accordance to article (11-12) can reacquired it at the end of marriage upon her request and the minister approving decision.
A woman recovers the nationality upon the death of her husband, her minor children shall have her nationality while retaining the right to return to the nationality of their father within a year of their reaching the age of majority. Permission to do so shall be given by the Minister.
The nationality may be awarded to nationals of Arab countries by decision of the Minster following an application from the nationality seeker who is required to be:
A. Of full civil rights.
B. A national of an Arab country.
C. Actually resident in the country Agreement the time of submitting the application.
D. Free of communicable diseases and infirmities that would prevent him from work.
E. Of good conduct and reputation with no past record of punishment for a criminal offense or of freedom restricting punishment for an infamous crime unless rehabilitated.
Minors shall enjoy the nationality even if they actually reside outside the country.
The acquisition by a man of the nationality entails his wife’s acquisition if it provides that:
A. She expresses a desire to do so by either signing her husband’s application or submitting one of her own.
B. She enjoys the nationality of an Arab country, is of Syrian origin, or was once a Syrian Arab national.
A woman possessing the nationality of an Arab country or who is of Syrian origin, or of past Syrian Arab nationality who marries a Syrian Arab national shall become Syrian Arab by decision of the Minister upon following a written request from the woman concerned.
Anyone who has obtained the nationality by misrepresentation or fraud shall be deprived thereof together with any others who may have acquired it by affiliation.
A citizen may be deprived of the nationality by a decree pursuant to a proposal from the Minister stating full reasons thereof in any one of the following cases:
A. It the person has, inconsistently with paragraph 1 of Article 10 above, acquired a foreign nationality.
B. If the person has, of his own free will, entered into military service with a foreign state without prior authorization from the Minister of Defence.
C. If the person has entered employment of any kind with a foreign state inside the country or outside it and has failed to heed the Minister’s order to leave it within a stated period of time.
D. If the person has engaged in any activity or work for a country which is in a state of war with the country.
E. If it is established that the person has left the country clandestinely for a country that is in a state of war with the country.
F. If the person was originally granted the nationality in accordance with the provisions of Article 6 and if investigations establish that depriving him of the nationality would be in the interest of the security and safety of the country.
G. If the person has left the country indefinitely for the purpose of selling in a non-Arab country and if he has been away for more than three years and has been notified to return but has failed to respond or has given unconvincing reasons within three months of receiving the notification. In case he refuses to receive the notification, or is of unknown place of residence, or should it prove impossible to communicate the notification to him, publication in the Official Gazette shall be considered as notification.
The Decree providing for depriving someone of nationality in accordance with paragraphs D and E above may also provide for the sequestration of his movable and immovable property.
The deprivation of someone of nationality shall effect this person alone unless otherwise expressly stated.
The nationality may be restituted to someone who had been deprived of it. Any moveable or immovable property sequestrated may also be returned; otherwise, compensation for it may be paid Agreement the value of that property Agreement the time of deprivation. This shall be enacted by decree upon a proposal from the Minister stating full reasons.
The Minister shall issue regulations on the issuance of the Expatriate Citizen Certificates, its rights and privileges, following consultation with the Foreign Ministry.
Decrees and Decisions on the acquisition or deprivation, recovery or restitution of the nationality shall have legal effect as of the date of their publication and shall have no retroactive effect. They must be published in the Official Gazette without prejudice to the rights of others of good intentions.
All rulings in nationality issues shall be of general application and their content shall be published in the Official Gazette.
Only the state council in its capacity as an administrative law body is competent to rule in nationality suits.
The burden of proof in nationality suits shall be borne by the claimants.
Except where otherwise clearly stated, children shall have the nationality of the father.
Anyone who, for the purpose of proving possession or non possession of the nationality for himself or for others, knowingly presents false data or false documents, shall be liable to a term of no more than two year imprisonment or a fine not exceeding one thousand Syrian pounds, without prejudice to any severer penalties provided for in other laws.
This Legislative Decree shall have no effect on any status acquired by virtue of earlier nationality legislations.
The Minister shall issue regulations for the implementation of this Legislative Decree.
Legislative Decree No. 67 of 31 October 196.. is hereby declared null and void along with all previous nationality legislations.
This Decree shall be published in the Official Gazette
Damascus 24 November 1969.
The President of the State.
These materials have been prepared for educational and information purposes only. They are not legal advice or legal opinions on any specific matters. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between Damascus Bar Association, the author(s), or the publisher (Law Firm, Bar Association or other legal publisher) and you. Readers should not act upon this information without seeking professional counsel.
The opinions expressed in the articles found on our Legal Library are those of the author(s), or the publisher (Law Firm, Bar Association or other legal publisher) and not those of Damascus Bar Association.