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Passports (Amendment) Act 1997

TUVALU

PASSPORTS (AMENDMENT) ACT 1997
(Act No 6 of 97)

I assent

Sir Tulaga Manuella GCMG MBE
Governor-General

Dated the 3^rd September, 1997

AN ACT to amend the Passports Act and for connected purposes.

ENACTED by the Parliament of Tuvalu-

Short title and commencement

1. (1) This Act may be cited as the Passports (Amendment) Act 1997.

(2) This Act shall come into force on a date to be appointed by the Minister by notice.

Amendment of Passports Act

2. The Passports Act (Cap. 79) is amended-

(a) in section 2 (1) by inserting after the definition of "holder" the following new definitions -

"Investment Passport Committee" means the committee of that name appointed under section 16A(1);

"investor immigrant", "investor spouse" and "investor dependant child" mean persons who have respectively been granted that status by the Investment Passport Committee under section 16A (2);";

(b) in section 4(1) by inserting after "Tuvalu Passport" where it first appears the words "other than an investor immigrant, an investor spouse or an investor dependant child";

(c) by adding after section 7(1) the following new subsection-

"(1A) The Investment Passport Committee shall issue a Tuvalu Passport valid for 5 years and valid for travel to such countries as may be endorsed thereon to any investor immigrant, to any investor spouse and to any investor dependant child who applies for one in the prescribed manner and who fulfils the prescribed conditions, which shall include a fee representing a substantial investment in Tuvalu.";

(d) in section 7(2)-

(i) by deleting "issued to a male applicant";

(ii) by replacing "wife" by "spouse";

(iii) by deleting "issued to either a male or a female applicant";

(e) in section 9(1)(a) by adding after "citizen of Tuvalu" the words ", an investor immigrant, an investor spouse or an investor dependant child";

(f) in section 10 by adding-

"(d) if in relation to whether the person is an investor immigrant, an investor spouse or an investor dependant child, be referred to the Investment Passport Committee, whose decision shall be final.";

(g) by adding after section 16 the following new subsection-

"Investment Passport Committee

16A. (1) There shall be an Investment Passport Committee which shall consist of the Secretary to Government as chairman, the Commissioner of Police, the Attorney General, and such other public officers as the Minister may from time to time appoint.

(2) The functions of the Investment Passport Committee shall be-

a) to receive applications from persons who desire to become investor immigrants and who apply in the prescribed manner;

b) to decide whether to confer on such persons the status of investor immigrant in the light of any regulations made in that regard or of any written directions by the Minister;

c) to issue a Tuvalu Passport to a person granted the status of investor immigrant who applies for one in the prescribed manner;

d) if an investor immigrant so applies in the prescribed manner, to decide whether the spouse and up to 2 dependant children of the applicant are suitable persons to be granted a Tuvalu Passport and if so to include them in the applicant's passport or issue them with separate passports, as required by the applicant;

e) to revoke the status of investor immigrant, investor spouse or investor dependant child if satisfied that any of the conditions for the grant of that status are no longer being met;

f) such other functions as may be conferred on the committee by this or any other Act or by the Minister.

(3) In order to perform its functions under this section, the Investment Passport Committee shall be deemed to have been collectively appointed by the Minister under section 6(1) as a Passport Officer and shall in respect of investor immigrants, investor spouses and investor dependant children have all the powers of a Passport Officer under this or any other Act.";

(h) in section 17(2) by adding after "citizen of Tuvalu" the words ", an investor immigrant, an investor spouse or an investor dependant child";

(i) in section 26-

(i) by re-numbering the existing section as subsection (1);

(ii) in paragraph (i) of subsection (1) by adding after "citizens of Tuvalu" the words ",investor immigrants, investor spouses or investor dependant children";

(iii) by adding at the end of subsection (1) -

"(k) prescribing the conditions to be met by an applicant for the status of investor immigrant and for the inclusion of a spouse or dependant child on an investor immigrant's passport or for the issue of a separate passport to such a spouse or child.;

(l) for the numbering and lettering of passports in order to indicate the status of the holder of the passport.";

(iv) by adding the following new subsection-

"(2) Different fees may be prescribed for different types of applicant and such fees may exceed the cost of issuing a passport.".

Replacement of Schedule to the Passports Act

3. The Schedule to the Passports Act (Cap. 79) is repealed and replaced by-

"SCHEDULE
(Sections 3 and 5(1))

FORM AND PARTICULARS OF TUVALU PASSPORT AND TUVALU DIPLOMATIC PASSPORT

1. The Tuvalu Passport shall consist of a booklet 125 mms x 88 mms containing 64 pages, plus the front and back covers, which shall be of azure stiffened material, or red in the case of a Tuvalu Diplomatic Passport.

2. The front of the Passport shall show the Tuvalu Crest blocked in gold, and the words "Tuvalu Passport" or "Tuvalu Diplomatic Passport" as the case may be.

3. On the inside front cover shall appear the following -

TUVALU

PASSPORT/DIPLOMATIC PASSPORT [as the case may be]
PASSEPOR/PASSEPORT DIPLOMATIQUE

SPACE FOR PHOTO

TYPE/TYPE_________________

ISSUING STATE CODE

CODE DE L’ETAT EMETTEUR________________________

PASSPORT NO/NO. DU PASSEPORT____________________

SEX/SEXE________________

SURNAME/NOM____________________

GIVEN NAMES/PRENOMS_____________________

NATIONALITY/NATIONALITE____________________

DATE OF BIRTH/DATE DE NAISSANCE_________________

PLACE OF BIRTH/LIEU DE NAISSANCE_________________

DATE OF ISSUE/DATE DE DELIVRANCE_________________

DATE OF EXPIRY/DATE DE EXPIRATION________________

SIGNATURE OF HOLDER/SIGNATURE DE TITULAIRE______________

AUTHORITY

AUTORITE

4. On the following page, numbered 1, shall appear-

"The Governor - General of Tuvalu hereby requests and requires in the name of Her Majesty Queen Elizabeth the Second all those whom it may concern to allow the holder of this passport to pass freely, without hindrance or delay, and in case of need to give the holder all lawful aid and protection.

The holder of this passport has the right to enter and reside in Tuvalu."

There shall also appear a Tuvalu language version of the same text.

5. On page 2 shall appear-

DESCRIPTION OF HOLDER

PROFESSION

COLOUR OF EYES

COLOUR OF HAIR HEIGHT

SPECIAL PECULIARITIES

________________________________________

CHILDREN INCLUDED IN PASSPORT:

NAME _____________________

DATE AND PLACE OF BIRTH ____________________

SEX._____________

6. On page 3 shall appear –

DESCRIPTION OF SPOUSE INCLUDED IN PASSPORT

SPACE FOR PHOTO

NAME ______________________

DATE AND PLACE OF BIRTH _______________________

PROFESSION_______________________

COLOUR OF EYES __________________

COLOUR OF HAIR_____________________

HEIGHT _____________________

SPECIAL PECULIARITIES _____________________

SIGNATURE_____________________________

7. On page 4 shall appear a statement of the countries for which the passport is valid, and the number of pages it contains.

8. Page 5 shall be headed "RENEWALS/RENOUVELLEMENTS".

9. The remaining pages shall be headed "VISAS".

10. Every page other than the covers shall be numbered and printed in feint with the 'Tuvalu Coat of Arms and the words "Tuvalu Passport" or "Tuvalu Diplomatic Passport" as the case may be.

11. On the inside back cover shall appear –

NOTICE

1. This passport is the property of the Tuvalu Government. In no circumstances should any alteration or addition be made to it except by a competent authority.

2. This passport is a valuable document and should be looked after with great care. If it is lost or destroyed, the circumstances should be reported immediately either to the undersigned or to the nearest Tuvalu Government representative or to the nearest British authority, and to the local police. A new passport can be issued only after full enquiries have been made.

3. The possession of a Tuvalu passport does not exempt the bearer from compliance with any immigration regulations in force in any country nor from the need to obtain a visa where necessary.

Chief Immigration Officer
Funafuti
Tuvalu".

There shall also appear a Tuvalu language version of the same text.

Amendment of Immigration Act

4. Section 7(1) of the Immigration Act (Cap. 77) is amended by adding at the end:

"(k) an investor immigrant, investor spouse or investor dependant child as defined in the Passports Act.".

Transitional

5. Notwithstanding the amendment to the form and particulars of a Tuvalu Passport effected by this Act, a Tuvalu Passport issued before the date on which this Act comes into force and having the form and particulars prescribed in the Schedule to the Passports Act before that date shall continue to be a valid Tuvalu Passport for the period of its validity unless earlier cancelled under the Passports Act.

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PASSPORTS (AMENDMENT) ACT 1997
(Act No 6 of 97)

Explanatory Memorandum
(This memorandum is not part of this Act)

1. The purpose of this Act is to amend the Passports Act so as to provide for the issue of Tuvalu passports to investor immigrants and their spouses and dependant children. The status of investor immigrant will be conferred by the Investment Passport Committee, the composition and functions of which will be set out in a new section 16A.

2. The conditions for the grant of investor immigrant status will be prescribed in regulations made under section 26 of the Passports Act as amended. The main condition is specified in the proposed new subsection (IA) to section 7, namely that the investor should pay a fee representing a substantial investment in Tuvalu. The power to set fees at a level higher than the cost of administration is conferred in proposed new subsection (2) to section 26.

3. The issue of a Tuvalu passport to an investor immigrant, or to a spouse or child, will not confer Tuvalu citizenship - see section 2(b) - but such a document will be a valid travel document so far as Tuvalu law is concerned - see section 2 (h) which amends section 17(2) of the Act. Section 4 also amends the Immigration Act to provide that investor immigrants and their spouses and children will be free to enter and reside in Tuvalu.

4. In order to make the new scheme gender-neutral, existing references to wives of applicants for passports are amended to refer to spouses. This will not confer citizenship on the husband of a Tuvaluan woman, but will allow either spouse to a be included in the other's passport if eligible for one.

5. Section 3 of the Act amends the Schedule to the Passports Act, partly to allow for the issue of Tuvalu Passports to investor immigrants, and partly to make changes in the design of the passport in order to bring it up to date. Section 5 of the Act provides that holders of existing passports will not be affected by these changes.

6. The Act will require various changes to the Passports Regulations, including changes to the application forms and the schedule of fees.

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