Prohibitions and restrictions for entry of foreigners and stateless persons to the Republic of Azerbaijan

PROHIBITIONS AND RESTRICTIONS FOR ENTRY OF FOREIGNERS AND STATELESS PERSONS TO THE REPUBLIC OF AZERBAIJAN

In accordance with Article 16 of the Migration Code of the Republic of Azerbaijan, entry of foreigners and stateless persons to the Republic of Azerbaijan shall be prohibited in the following cases:

16.1.1. When it is required for national security or protection of public order or of the rights and legitimate interests of citizens of the Republic of Azerbaijan and other persons;

16.1.2. When information is available that a person committed a crime against peace and humanity, act of terrorism, financing of terrorism, or she/he is a member of a transnational organized criminal group;

16.1.3. When a person was convicted for committing a crime against the citizens or interests (benefits) of the Republic of Azerbaijan, if his/her conviction was not served or withdrawn in the order established by law;

16.1.4. When a person was expelled from the Republic of Azerbaijan previously, if the period of restriction to enter the country did not expire;

16.1.5. When the stay of a person in the Republic of Azerbaijan is considered undesirable;

16.1.6. When a person violated the declared purpose of visit during the previous stay in the Republic of Azerbaijan;

16.1.7. When a person gave wrong information about him/herself or the purpose of his/her visit while submitting an application for entry to the Republic of Azerbaijan;

16.1.8. When a person fails to pay a fine (including the fee calculated) as an administrative sanction without expulsion from the territory of the Republic of Azerbaijan which is applied for violation of rules of stay and residence of foreigners and stateless persons in the Republic of Azerbaijan;

16.2. In cases provided for in Articles 16.1.6 and 16.1.7 of this Code, entry of foreigners and stateless persons to the Republic of Azerbaijan shall be prohibited for 5 years.

16.3. In cases provided for in Article 16.1 of this Code, the information on foreigners and stateless persons shall be entered in the established order into the restrictions lists of the interdepartmental automated data research system “Entry-exit and registration” and after the elimination of the relevant grounds, the active status of that information shall be changed.

16.4. If persons indicated in Article 16.1.8 of this Code paid a fine (including the fee calculated) prohibition on their entry to the Republic of Azerbaijan shall be immediately lifted.

In accordance with Article 17 of the Migration Code of the Republic of Azerbaijan, the exit of foreigners and stateless persons from the Republic of Azerbaijan can be temporarily restricted in the following cases:

17.1.1. When their exit is in conflict with the interest of ensuring national security – until this ground is eliminated;

17.1.2. When they are arrested or any measure of restraint is applied to them in accordance with the Code of Criminal Procedure of the Republic of Azerbaijan – until release, expiration or cancellation of the measure of restraint;

17.1.3. When they are convicted – until completion of the major punishment established by the Criminal Code of the Republic of Azerbaijan, or exemption from punishment, except for the case provided for in Article 17.1.5 of this Code;

17.1.4. When compulsory medical measures are applied to them in accordance with the Code of Criminal Procedure of the Republic of Azerbaijan – until cancellation of applying compulsory medical measures;

17.1.5. When they are convicted conditionally or exempted from punishment conditionally earlier by imposing obligations provided for in the Criminal Code of the Republic of Azerbaijan - until the expiration of the probation period or non-served part of the sentence or until complete early cancellation of the conditional conviction or the obligations imposed;

17.1.5-1. when punishment against pregnant women and persons who have young children was postponed – until exemption from non-served part of a penalty under the court decision or termination of the remaining part of major punishment;

17.1.6. When there is a valid court decision on temporary restriction of their right to exit the country due to the reason of unjustified non-execution in the time limit set for voluntary execution of the writ issued on the basis of the court judgments, orders and administrative acts of the tax authorities to meet timely monetary requirements - until a decision is made to lift the restriction;

17.1.6-1. When there is a valid court decision on temporary restriction of their right to exit the country due to their failure to pay to the state budget the arrears and interest on the assessed taxes, the financial sanctions applied, the taxpayer's failure to fulfill the tax obligation within the timeframe established by the Tax Code of the Republic of Azerbaijan - until a decision is made to lift the restriction;

17.1.7. When they committed administrative offenses – until the implementation of administrative penalties applied to them.

17.2. Lack of preventive vaccinations in the order provided for by the legislation shall result in restriction of entry/exit of foreigners and stateless persons residing in the Azerbaijan Republic permanently to/from countries where preventive vaccinations are required in accordance with international health and sanitation rules or international treaties to which the Republic of Azerbaijan is a party.

17.3. In cases provided for in Articles 17.1 and 17.2 of this Code, the information on foreigners and stateless persons shall be entered in the established order into the restrictions lists of the interdepartmental automated data research system “Entry-exit and registration” and after the elimination of the relevant grounds, the active status of that information shall be changed.