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IMPACT – HIGH
What is the change? Expatriate workers whose Multi-Entry Visas (MEVs) or Multi Entry and Exit Visas (MMEVs) expire on or after Nov. 27, 2017 must go through new exit procedures.
What does the change mean? Affected expatriates must obtain an exit visa from the Ministry of Interior giving them permission to depart Iraq. They will no longer be able to go to the airport with only the employer’s exit visa request and obtain the exit visa there. Additionally, effective immediately, exit visa fines are 100,000 dinars (about US$84) on the first day after the 15 days for MEEV activation delay or after the first day of overstaying the visa expiration date, and 10,000 dinars for every day thereafter (not to exceed 5 million dinars).
Background: The Ministry of Interior announced the changes Tuesday by issuing instructions to airports. Expatriates with MEVs and MEEVs that expire after Nov. 27, 2017 must present their exit visa request letter and passport to the Ministry of Interior and pay any relevant exit fines. The ministry will then issue a visa sticker giving them 10 days to exit Iraq. If they do not exit within 10 days, they must bring their passport back to the ministry to pay additional fines and obtain another exit sticker.
BAL Analysis: The changes create additional steps for certain personnel, and companies should identify employers with MEVs or MEEVs that expire after Nov. 27, 2017. The changes do not affect individuals whose MEVs or MEEVs expired before Nov. 27 or those without an entry visa (such as those who entered Iraq on military aircraft but who are departing on a commercial flight)—they may continue to complete exit procedures at the airport before departure by showing their employer’s exit visa request letter, paying a flat fine of 500,000 dinars and obtaining an exit visa at the airport.
This alert has been provided by the BAL Global Practice group and our network provider located in Iraq. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? The Iraqi government has issued a letter stating that the “take-off and landing of aircraft” could resume in Kurdistan international airports starting Feb. 28.
What does the change mean? A letter issued to the Iraq Civil Aviation Authority approved the take-off and landing of aircraft in Erbil and Sulaymaniyah international airports starting Feb. 28 on the condition that the airports submit detailed reports on their air traffic levels on a regular basis. The letter is strong evidence that international flights at Kurdish airports may resume by the end of February, but it is not a guarantee.
Background: Following a Kurdish vote on independence in September 2017, the Iraqi government banned international commercial flights to Erbil and Sulaymaniyah. Direct domestic flights to the Kurdish region continued to operate and most foreign nationals traveling to the Kurdish region traveled through Baghdad or other Iraqi cities.
BAL Analysis: Employers should continue to comply with the immigration and company registration requirements of both the Iraqi government and the Kurdistan Regional Government to ensure there is no interruption of personnel flow if the ban is prolonged or reimposed. As of now, foreign nationals traveling to the Kurdish region must possess an Iraqi visa. Meanwhile, Iraq’s Ministry of Interior announced several important changes to rules for foreign nationals last week. Should international flights to the Kurdish region resume, travelers will no longer need an Iraqi visa in addition to a Kurdish visa. Kurdish authorities require visas for many nationalities, but depending on their lengths of stay, nationals of Australia, Canada, New Zealand, the United States and many European countries may not be required to have a separate Kurdish visa in addition to an Iraqi visa.
It is unknown what the impact will be on foreigners traveling with an Iraqi letter of authorization (LOA) from Kurdish airports to Baghdad, Basra or other Iraq airports. Employers should work closely with BAL when planning employee travel into or out of the Kurdish region. The situation continues to change rapidly and travel requirements may change with little or no notice.
What is the change? Iraq’s Ministry of Interior has announced several important changes to rules for foreign nationals. Among them, in-country conversions of single-entry visas to multi-entry visas will no longer be accepted.
What does the change mean? Single-entry visas holders must leave Iraq and re-enter with a letter of authorization, or LOA, to activate a multi-entry visa. This includes all individuals with an expired single-entry visa and multi-entry visa sticker transiting through airports in Iraq, even if they have an active LOA—they must now obtain an exit visa, pay the overstay penalty, leave Iraq and re-enter with a new LOA. Foreign nationals with a single-entry visa or an expired multi-entry visa will no longer be able to fly from Erbil, Al Taqaddum (TQ), Taj, Al Asad or any other location within Iraq and activate their multi-entry visas in Baghdad or Bara; they must fly outside of Iraqi borders and re-enter with a valid LOA.
Additionally, exit visa procedures, which were recently changed, will revert back to previous rules: foreign nationals must show their employer’s original signed and stamped exit visa request letter and pay a flat fee of 500,000 dinars (about US$422) at the airport to get an exit visa without needing to send their passport to the Ministry of Interior office in Baghdad for an exit sticker.
Finally, starting in March, all companies must send a list of all Iraqi visa holders who are no longer working with the company to the Ministry of Interior on a monthly basis. Please note that Iraqi law requires cancellation of all visas of personnel who have left Iraq and the employment of their Iraq visa sponsor, preferably before they depart Iraq.
The Ministry of Interior has been experiencing significant delays in issuing entry visa authorization memorandums due to the backlog of applications being requested.
BAL Analysis: These changes will significantly impact the movement of personnel to and within Iraq. Employers may wish to contact their BAL professional about individual cases. The MOI is expected to issue updates next week. BAL will report additional details as they become available.
IMPACT – MEDIUM
What is the change? Iraqi authorities have resumed issuance of exit visas at federal airports, but only for foreign nationals whose visas expired before Nov. 27, 2017.
What does the change mean? Foreign nationals with visas that expired before Nov. 27 may obtain an exit visa at federal airports in Baghdad, Basra or Najaf and leave Iraq upon paying a late fee of 500,000 dinars (about US$420). Those with visas that expired on or after Nov. 27 must apply for an exit visa at the Ministry of Interior Immigration Office in Baghdad. Foreign nationals with valid visas may leave Iraq without obtaining an exit visa.
Background: As BAL reported last month, Iraqi authorities recently changed procedures and increased the penalties for foreign nationals who overstay their visas. As a general rule, foreign nationals who overstay their visas now must visit the ministry and obtain an exit visa before departing. Authorities have now made an exception, however, for those holding visas that expired before Nov. 27.
BAL Analysis: Iraq is growing more serious about foreign nationals who overstay their visas. Those who do overstay them will face increased fines and a more complicated exit process, although the newly implemented exception will ease exit procedures for some foreign nationals. BAL can work on a case-by-case basis with those in need of exiting Iraq to determine what procedures must be followed.
What is the change? Iraq’s Ministry of Interior has issued a new regulation that visa approval letters will automatically expire after 90 days of their issuance date.
What does the change mean? Foreign nationals need a letter of approval to apply for and “activate” a multi-entry visa after they enter Iraq so that they may travel in and out of the country. The new policy applies to all letters of approval issued Dec. 19 and later and means that foreign employees have three months after their letter’s issuance to apply for a multi-entry visa
Background: Previously, letters of approval were generally issued with a validity of six months or one year, allowing foreign nationals to travel to Iraq and activate their multi-entry visas any time during that period.
BAL Analysis: The Ministry of Interior is rolling out numerous changes and the new rule is consistent with other recent changes, including new penalties for late visa activation and for visa overstays.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Foreign nationals who overstay their visas are now required to obtain exit visas from the Ministry of Interior as a result of changes that were recently issued by the ministry. In addition, those who overstay now face escalating fines for each day they remain in Iraq after their visas expire.
What does the change mean? Effective immediately, foreign nationals who overstay their visas must obtain an exit visa from the Ministry of Interior, rather than at the airport. Penalties for overstaying visas have also increased; those with expired visas will be charged an initial levy of $80 plus $8 for each subsequent day after their visas expire. Fines will be capped at $4,000.
Background: The changes described above were recently issued by the Ministry of Interior. Foreign nationals who have overstayed their visas now must visit the ministry and obtain an exit visa before departing. Exit visas are valid for 10 days, and foreign nationals who do not leave within that time frame will be required to obtain a new exit visa and pay a fine of $80 plus an additional $8 for each day after their exit visa expires. Exit visas issued after an initial exit visa has expired will be valid for five days, rather than 10.
BAL Analysis: The changes show that Iraq is growing more serious about foreign nationals who overstay their visas. Those who do overstay their visas will face increased fines and a more complicated exit process.
What is the change? The Iraqi federal government has established new rules for foreign nationals who are late to file required visa “activation” and medical exams upon arrival in-country.
What does the change mean? The grace period has been extended from seven days to 15 days for foreign nationals to activate their multi exit-entry visas, but the late penalties will apply per diem and can reach up to 5 million dinars (about US$4,200). Previously, a flat penalty of 100,000 dinars applied. Now, 100,000 dinars will be levied immediately after the 15-day deadline and 10,000 dinars per day thereafter, but not to exceed 5 million dinars.
Background: Foreign nationals entering Iraq for work on a multiple-entry visa must complete “visa activation” procedures soon after arriving in Iraq by obtaining a multi exit-entry visa. Under the new policy, they will have 15 days from entry to present their passport with verified medical exam results (blood work for Hepatitis B and C and HIV) to the Ministry of Interior in order to obtain the multi exit-entry visa sticker. The sticker allows employees to exit and re-enter Iraq as many times as needed within the visa validity period.
BAL Analysis: Although the grace period has been lengthened, companies and foreign nationals are encouraged to apply for the multi exit-entry visa as soon as possible upon arrival to avoid penalties and delays to the work permit process.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.