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Passports Act - Passports (Amendment) Regulations 1999

LAWS OF TUVALU

PASSPORTS ACT (Cap.79)

PASSPORTS (AMENDMENT) REGULATIONS 1999

LN 01/99

In exercise of the powers conferred on me by section 26 of the Passports Act, I hereby make the following regulations –

Citation and commencement

1. 1. (1) These regulations may be cited as the Passports (Amendment) Regulations 1999.
   

(2) These regulations shall be deemed to have come into force on the 4th day of September 1997.

Amendment of Passports Regulations

2. The Passports Regulations are amended-
   

a) in the marginal note to regulation 2 by adding "as a Tuvalu citizen or stateless person" after "Passport";

b) in regulation 2(1) by adding "as a Tuvalu citizen or as a stateless person" after "Tuvalu Passport";

c) in regulation 2(2) and (3) by replacing "these Regulations "by "this regulation"; d) in regulation 2(3)

(d) by replacing "wife" by "spouse" where it twice appears and by replacing "wife's" by "spouse's";

e) by adding after regulation 2 the following new regulation

"Application for a Tuvalu Passport by an Investor Immigrant"

2A. (1) Every application for a Tuvalu Passport as an investor immigrant shall be made to the Investment Passport Committee on Form 1 set out in Schedule 1 to these Regulations, shall be witnessed by the Tuvalu Trade Commissioner in Hong Kong or a Notary Public, and shall be accompanied by the documents specified in the form.

(2) An application for a spouse or up to 2 dependant children under the age of 18 to be included in a passport issued under sub-regulation (1) or to be issued with a separate passport as an investor spouse or investor dependant child shall also be made on Form 1 and may be made either at the time of the original application or subsequently.

(3) Before issuing to any person a Tuvalu Passport as an investor immigrant, investor spouse or investor dependant child, or including any person as a spouse or child on the passport of an immigrant investor, the Investment Passport Committee shall satisfy itself as far as practicable that the person-

a) is in good health and of sound mind;

b) is of good character, that is to say –

i. has no conviction in a court in any country for an offence which in Tuvalu would render him liable to imprisonment for a period exceeding 6 months or to a fine exceeding $200; and

ii. has not served a sentence of imprisonment in any country for any offence, unless the conviction or sentence was subsequently set aside on appeal;

c) is acquainted with and respects the laws, customs and culture of Tuvalu;

d) is able and willing to make a substantial investment in Tuvalu by way of a fee for the issue of a passport; e) in all other respects in suitable to be granted a passport, or included on a passport, enabling him or her to enter, reside and work in Tuvalu as an investor immigrant, investor spouse or investor dependant child, as the case maybe.

(4) When the Investment Passport Committee has made a decision on an application under sub-regulation (1) or (2), it shall –

a) endorse Form 1 accordingly;

b) notify the applicant that a passport will be issued upon receipt of the prescribed fee;

c) upon receipt of the prescribed fee, issue a Tuvalu Passport to the investor immigrant and, if appropriate, to his or her spouse and up to 2 dependant children under the age of 18 years.

(5) An endorsement of Form 1 by the Investment Passport Committee under subregulation (4) (a) shall be sufficient evidence of the fact so endorsed.

(6) In relation to an application for a Tuvalu Passport by an investor immigrant, or by the spouse or child of an investor immigrant, references in these regulations to a Passport Officer shall be construed as references to the Investment Passport Committee but in all other respects the provisions of these regulations shall apply to such an application";

(e) in regulation 3(1) by replacing "wife" by "spouse", deleting "herself' and replacing "her husband's " by "the spouse's;

(f) in regulation 3 by adding the following new sub-regulation-

(5) Up to 2 investor dependant children under the age of 18 years may be included in an investor immigrant's passport, on payment of the prescribed fee".

Amendment of Schedule 1 to Passports Regulations

3. Schedule I to the Passports Regulations in amended (a) by inserting at the beginning the following-

GOVERNMENT OF TUVALU PASSPORTS REGULATIONS

FORM 1

(Regulation 2A (1))

APPLICATION FOR PASSPORT AS AN INVESTOR IMMIGRANT

[Official Use Ref. No. ] [ Photo]

1. INVESTOR IMMIGRANT

FULL NAME

(Underline surname/family name)

SEX

CHINESE NAME

ANY OTHER OR PREVIOUS NAME

DATE AND PLACE OF BIRTH

NATIONALITY

PASSPORT NO.

IID NO.

MARITAL STATUS

Married/single/divorced/separated

IF MARRIED, NAME OF SPOUSE AND DATE OF MARRIAGE

NO. OF DEPENDANTS

PERMANENT ADDRESS

PHONE NO.

FAX

OCCUPATION

TYPE OF BUSINESS

ANNUAL INCOME US$

EDUCATION LANGUAGES SPOKEN

OTHER COUNTRIES IN WHICH YOU HAVE RESIDED FOR MORE THAN 3 MONTHS

ANY CRIMINAL CONVICTIONS? YES/NO (Ifyes, attach details)

PERSONAL PARTICULARS:

Height Weight Colour of eyes Colour of hair
Distinguishing features

HAVE YOU PREVIOUSLY APPLIED FOR A TUVALU PASSPORT? YES/NO (If yes, please give details)

DECLARATIONS:

A. I, (name) hereby apply for a Tuvalu Passport as an investor immigrant. I declare that I am in good health, that I do not have any criminal convictions which would disqualify me as an investor immigrant in Tuvalu, that I am acquainted with the laws, customs and culture of Tuvalu, that I am able and willing to make an investment in Tuvalu by way of a fee for the issue of a passport, and that if I enter and reside in Tuvalu I will abide by its laws and seek to contribute to its development.

B. I declare that the information contained in this application and the documents attached to it are complete and correct. I understand that any false statement or concealment of a material fact in this application may result in the cancellation of my Tuvalu passport and that a fraudulent statement in this application may render me liable to prosecution under the laws of Tuvalu.

C. I hereby authorise the Government authorities, including all police and judicial authorities, in all countries in which I have resided, to release to the Government of Tuvalu all records and information which they may possess concerning any criminal proceeding against me, including the investigation, arrest, charge, trial, conviction and sentence. I understand that this information will be used to assist in evaluating my suitability to be the holder of a Tuvalu Passport and generally in connection with enquires under the Tuvalu immigration legislation.

D. I understand that, having applied for Tuvalu Passport, I may be required to undergo a medical examination. I therefore consent to details concerning my past and present medical condition, wherever they are held, being released to the immigration authorities of the Government of Tuvalu in connection with that application.

E. I confirm that I understand-a) that the contribution ofUS$ 11,000 which I make to the Government of Tuvalu for the issue of a Tuvalu Passport is non-refundable;

b) that my spouse and up to 2 dependant children (unmarried and aged under 18) may separately apply for a Tuvalu Passport, that the Government of Tuvalu has the right to refuse to issue such passports, but that if it they are issued, a further US$ 11,000 is payable;

c) that the Government of Tuvalu has the right to refuse to issue or renew any passport if I or my spouse or any dependant child applying for a passport is found to have committed a serious criminal offence.

Date this day of 199 Signed ..

I (Tuvalu Trade Commissioner/Notary Public) have explained to the applicant the meaning of these declarations and he/she has confirmed that he/she understands them. He/she signed them in my presence at

Date this day of 199

Signed .

SPOUSE AND/OR CHILDREN

[Delete if not applicable]

I wish my spouse whose particulars appear in section 2 to be included in any passport issued to me/issued with a separate passport [delete one]

SIGNATURE OF APPLICANT

DA TE

WITNESSED BY - (Tuvalu Trade Commissioner/Notary Public)

AT DATE

2. INVESTOR SPOUSE [Photo]

FULL NAME SEX

(Underline surname/family name)

ANY OTHER OR PREVIOUS NAME

DATE AND PLACE OF BIRTH

NAME OF SPOUSE AND DATE OF MARRIAGE PERMANENT ADDRESS

PHONE NO. FAX

NATIONALITY PASSPORT NO./ID NO.

OCCUPATION

OTHER COUNTRIES IN WHICH YOU HAVE RESIDED FOR MORE THAN 3 MONTHS

ANY CRIMINAL CONVICTIONS? YES/NO (If yes, attach details)

PERSONAL PARTICULARS; Height Weight Colour of eyes Colour of hair Distinguishing features

HA VE YOU PREVIOUSLY APPLIED FOR A TUVALU PASSPORT? YES/NO (If yes, please give details)

DECLARATION:
A. I, (name) hereby apply [to be included on the Tuvalu Passport issued to my spouse] [for the issue ofa separate Tuvalu passport as an investor spouse] [delete one]. I declare that I am in good health, that I do not have any criminal convictions which would disqualify me as an investor spouse, that I am acquainted with the laws, customs and culture of Tuvalu, and that if! enter and reside in Tuvalu I will abide by its laws and seek to contribute to its development.

B. I declare that the information contained in this application and the documents attached to it are complete and correct. I understand that any false statement or concealment of a material fact in this application may result in the cancellation of any Tuvalu passport issued to me and that a fraudulent statement in this application may render me liable to prosecution under the laws of Tuvalu.

C. I hereby authorise the Government authorities, including all police and judicial authorities, in a)) countries in which I have resided, to release to the Government of Tuvalu a)) records and information which they may possess concerning any criminal proceeding against me, including the investigation, arrest, charge, trial, conviction and sentence. I understand that this information will be used to assist in evaluating my suitability to be the holder of a Tuvalu Passport and generally in connection with enquires under the Tuvalu immigration legislation.

D. I understand that, having applied for Tuvalu Passport, I may be required to undergo a medical examination. I therefore consent to details concerning my past and present medical condition, wherever they are held, being released to the immigration authorities of the Government of Tuvalu in connection with that application. I, (Tuvalu Trade Commissioner/Notary Public) have explained to the applicant the meaning of these declarations and he/ she has confirmed that he/she understands them. He/she signed them in my presence at on 19.

Date this day of 19 Signed .

SIGNATURE OF SPOUSE DATE WITNESSED

BY- (Tuvalu Trade Commissioner/Notary Public

AT DATE

3. INVESTOR DEPENDANT CHILDREN

a). NAME SEX

ANY OTHER NAME BY WHICH KNOWN

DATE AND PLACE OF BIRTH

PERSONAL PARTICULARS
Colour of eye Colour of hair Distinguishing features

b) NAME SEX

ANY OTHER NAME BY WHICH KNOWN

DATE AND PLACE OF BIRTH

PERSONAL PARTICULARS
Colour of eyes Colour of hair Distinguishing features

I, (applicant) hereby declare that the above children are in good health, that they do not have any criminal convictions which would disqualify them as investor dependant children, that they are acquainted with the laws, customs and culture of Tuvalu, and that if any of them enters and resides in Tuvalu I will endeavour to ensure that he or she will abide by its laws and seek to contribute to its development.

SIGNATURE OF APPLICANT DATE

4. DOCUMENTS

The following documents are attached in respect of the applicant and, where a spouse or children are included in the application, in respect of the spouse and children –

CHECK

Six passport-type photographs

A copy of the birth certificate of applicant (and spouse and children if included)

A copy of the marriage certificate (if spouse included) Documentation as to change of name, if any Medical certificate Police certificate

5. DECISION OF INVESTMENT PASSPORT COMMITTEE

The application no. Dated by (name) for the issue of a Tuvalu

Passport as an investor immigrant is approved/refused.

The application in respect of (name) [for the issue of) [to be included in] a Tuvalu

Passport as an investor spouse is approved/refused.

The application in respect of and (name) [for the issue of) [to be included in] a

Tuvalu Passport as an investor dependant child is approved/refused. SIGNED (Secretary to Committee)

DATE

NOTE

1. This form may be completed in English or Chinese. Section 1 must be completed by every applicant for the a passport as an investor immigrant. Section 2 must be completed by the spouse of an applicant who wishes to be included in the applicant's passport, or issued with a separate passport as an investor spouse.

2. Section 3 must be completed by an applicant who wishes to have a dependant child included in the passport or issued with a separate passport as an investor dependant child. No more than 2 dependant children up the age of 18 may be included in this application.

3. This application must be witnessed by the Tuvalu Trade Commissioner in Hong Kong or by a Notary Public. A list of notaries is available from the Trade Commissioner's office, the address of which is included in the attached information leaflet.

4. Six copies of a recent passport size photograph of the applicant and, if a spouse or child is include, of the spouse and child, must accompany this application. The Tuvalu Trade Commissioner or a Notary Public should endorse the back of two copies of each photograph to the effect that it is a true likeness of the applicant or of the spouse or child as the case may be. .

5 The following documents should accompany this form-

a) a copy of the applicant's birth certificate;

b) if a spouse or child is included in the application, a copy of the birth certificate of the spouse and every child;

c) if a spouse is included in the application, a copy of the marriage certificate;

d) if the applicant or a spouse or child included in the application has ever changed his or her name, other than by marriage, documentary evidence that the change has been bona fide made for all purposes;

e) a recent medical certificate showing that the applicant, and any spouse or child included on this form, is in good overall health and does not suffer from any contagious or infectious decease;

f) a certificate from the chief officer of police for the town or district where the applicant normally resides, showing that the applicant, and any spouse or child included on this form, does not have any criminal record, or describing any criminal convictions known to the police. (Copies of these documents endorsed by the Tuvalu Trade Commissioner in Hong Kong or by a Notary Public to the effect that he or she has seen the originals and that the copies are true copies will suffice.)

6. In order to be able to sign Declaration A on the form, an applicant (and spouse, if included) will need to study the enclosed information leaflet about Tuvalu. Further copies of the leaflet, and further information about Tuvalu, can be obtained from the Tuvalu Trade Commissioner in Hong Kong.

7. The completed application form, together with photographs and certified copies of documents, should be sent to the Tuvalu Trade Commissioner in Hong Kong. No fee is payable for the application.

8. If the application for a passport is approved, the applicant will be notified, and will then, if he or she still wishes to proceed, be required to pay the prescribed fee for the issue of the passport. The fee is US$ 11,000 for a single investor.

9. If an application for a spouse or dependant child to be included in a passport, or issued with a separate passport, is successful, the applicant will be notified and will then, if he or she wishes to proceed, be required to pay the prescribed fee for the necessary action to be taken. The fee is US$ 11,000 for a spouse and up to 2 children, either included in the investor's passport or issued with their own passports.

10. A passport when issued should be collected by the applicant in person either from the Government Offices, Funafuti, Tuvalu, or from the office of the Tuvalu Trade Commissioner in Hong Kong. When the passport is collected, the applicant may be asked additional questions about the matters covered by this form, and about his or her intentions as regards residence in Tuvalu.

(b) by amending Form 1A as follows-

i. in the heading, by adding "AS A TUVALU CITIZEN" after "PASSPORT";

ii. in Note 1, by replacing "wife" by "spouse" where it twice appears;

iii. in Note 1, 6th line, by replacing "she" by "he or she";

iv. in Note 3, 1st line, by replacing "his wife" by "the spouse" v. in Note 3, last line, by replacing "wife's" by "spouse's";

vi. in section 1 of the Form by replacing "Christian Names" by "Forenames", adding "Separated" in the Marital Status box and inserting "or" between "Profession" and "Occupation";

vii. in section 4 of the Form by replacing "MARRIED WOMEN" by "SPOUSES" and replacing "Husband's" by "Spouse's"

viii.in section 4 of the Form by replacing "WIFE" by "SPOUSE" and "Wife" by "Spouse" and replacing "husband if wife" by "applicant if spouse",

ix. in section 4 of the Form by replacing "Christian names" by "Forenames" and by inserting "or" between "Profession" and "Occupation";

x. in section 7C and D of the Form by adding "Tuvalu" before "passport"; xi. in section 7D of the Form by adding "Tuvalu" before "passports";

xii. in section 9 of the Form by adding"TUV ALU" before "PASSPORT" and replacing "Principal" by "Chief';

xiii.in the section for official use, by deleting the box headed "Husband's birth
certificate" and replacing the heading "Wife's birth certificate" by "Spouse's birth
certificate";

(c) by amending Form IB as follows-

i. in the heading, by inserting "AS A TUVALU CITIZEN" after "PASSPORT";

ii. in section I of the Form by replacing "Christian Names" by "Forenames";

iii. in section 4C and 4D ofthe Form by adding 'Tuvalu" before "passport";

iv. in section 6 of the Form by adding "TUVALU" before "PASSPORT" and replacing "Principal" by "Chief'

(d) by amending Form 2 as follows-

i. by replacing "Christian" by "Forenames"

ii. in the first declaration by adding after "registration" the words "OR that I am an investor immigrant/investor spouse (delete one)";

iii. in the second declaration by inserting "Tuvalu" before "travel documents";

iv. by adding to the Jist of persons who can witness an application the words "In the case of an investor immigrant, investor spouse or investor dependant child, the form should be witnessed by the Tuvalu Trade Commissioner in Hong Kong";

v. in the list of particulars by replacing "wife" by "spouse";

vi. in the note to the list of particulars by adding after "country" the words" and if the applicant claims Tuvalu citizenship,"

Amendment of Schedule 2 to Passports Regulations

4. Schedule 2 to the Passports Regulations is repealed and replaced by the
following-

SCHEDULE 2

(Regulations 2(1) and 9)

FEES