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Law 11 Of The 2008 Arab And Foreign Ownership Laws In Syria

Original Language Title: القانون 11 لعام 2008 قانون تملك العرب والأجانب في سورية

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Law 11 of 2008 Law on Arab and Foreign ownership in Syria


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Act No. 11 of 2008
Date-birth: 2008-06-25 History-Hjri: 1429-06-21
Published as: 2008-06-25
Section: A law.

Information on this Act:
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Law No. 11 of 2008
Provisions for the establishment, modification or transfer of property rights in kind for the name or benefit of a non-Syrian person
(A law that owns Arabs and foreigners in Syria)

President
Based on the Constitution

As approved by the People's Assembly at its meeting held on 13-6-1429 A.H., on 17/6/2008,

The following are issued:

Article 1

Taking into account the provisions of Legislative Decree No. 41 dated 1972-1972 and Act No. 41 of 26-10-2004 and Legislative Decree No. 8 of 27-2007 and Act No. 32 of 14.12.2007, no real estate right in the territory of the Syrian Arab Republic may be established, amended or transferred to a name Or for the benefit of a natural non-Syrian who was a legal or an exception.

a. The family, with the intent of their personal housing and independence, has one property built on a regular license in accordance with the construction officer's system, an integrated housing unit, to be less than 200 m2 and does not accept the request for the discharge of this property in the event that it is open to the property to be owned by prior authorization. A decision is issued by the Minister of the Interior and the family to apply this law, which is contained in article 1 of Legislative Decree No. 26, No. 12-4-2007, with the establishment of a legal and permanent residence in the Syrian Arab Republic.
b. The diplomatic and consular missions, Arab, regional and international organizations and organizations have headquarters or to place their superiors and members within the organizational charts of administrative units or municipalities in accordance with the need.

Only with the prior approval of the Prime Minister on the basis of the proposal of the Minister of Foreign Affairs and the requirement of reciprocity for diplomatic and consular missions, the ownership of the property is held.


Article 2

Non-Syrian, who acquired property according to the provisions of this law, shall be prevented from acting in any face of the transfer of property by the carrier five years before the acquisition of the property.


Article 3

If he moved to non-Syrian in the way of inheritance, transition or guardian, a real estate within or outside the organizational charts of administrative units and municipalities fall his right to him, and he has to transfer his property to a Syrian citizen within one year from the date of his transfer to him or move to the administration of the state property for payment of his value. Estimated in accordance with the appropriation law.


Article 4

By decree on the proposal of the Council of Ministers in cases of necessity, the property of a non-Syrian person may be allowed to possess a natural or legal person without adhering to the provisions of articles 1 and 3 of this Law.

Article 5

Taking into account the provisions of Legislative Decree No. 41 of 14.5-1472, Act No. 41 of 26-10-2004, Legislative Decree No. 8, 27-2007 and No. 32 of 14.12.2007, rental contracts may be held for real estate built within the organizational schemes of administrative units Municipalities for the name or benefit of natural non-Syrian persons for a period of no more than fifteen years are not subject to prolongation or renewal and the lease prevents otherwise.

Article 6

In the border areas, the property, rent and investment provided for in this law shall be subject to the requirement of distance that is determined by a decision issued by the Minister of Defence.

Article 7

a. The request for authorization required under this Act shall be decided within 60 days of the arrival of the request to the Ministry of the Interior and the decision of the Minister of the Interior not to approve the licence shall not accept a road from the means of appeal or review.
b. The license application may be renewed after one year after the date of the decision not to approve.


Article 8

(a) The lessor in the leases provided for in article 5 of this Law shall submit an information to the police unit at the location of the property in place within one week of the date of the contract at the most.
The information must also be provided if the contract is extended or renewed within a week of the date of extension or renewal to be no longer than fifteen years.
b. The media model is determined by a decision issued by the Minister of the Interior.
c. The rental of property for non-Syrian persons under lease contracts shall be granted to the date of fifteen days for the information of such contracts as a date for the issuance of this law.

Article 9

The seller of the property in the two cases stipulated in clauses A and B of Article 1 of this Law shall submit an information to the police unit at the site of the property sold by the Minister of the Interior with the decision of the Minister of the Interior, or with the approval of the Prime Minister, as is the case within one week of the date of the contract at the most.


Article 10

a. The real estate services, the provisional record services and other competent authorities shall not be required to transfer real property and the book shall not be fair to document the properties of the real estate covered by this law unless the required licence or approvals are highlighted under it.
b. Actions to be taken in this regard are not reflected in the aforementioned decisions and approvals. Actions in effect prior to the date of this Act are subject to the provisions of Legislative Decree No. 189 dated 1-4.952 and its amendments, which are set out in the event that the required licence decisions are not highlighted.


Article 11

a. Any contract, agreement, action or approval shall be considered null and void, contrary to the provisions of this Law, as well as each contract in the name of a person borrowed in order to evade its provisions and shall be deemed invalid by all subsidiary conditions which are intended to ensure the execution of such contracts.
(b) The Public Prosecution Service shall initiate proceedings by invalidation of the contracts documented or recorded in accordance with the provisions of this law in the competent courts and follow up on the enforcement of sentences imposed in them.


Article 12

The amount of money and rights dealt with by the contract is punishable by imprisonment from one year to three years, as well as the conduct of a contract for the benefit of a non-Syrian person contrary to the provisions of this law or the mediation of such law, as well as the confiscation of those funds and rights.


Article 13

The Minister of the Interior shall issue instructions to implement the provisions of this Act.


Article 14

The Act No. 189 ends date 1-4.952 and its amendments and its provisions remain in force with regard to the actions taken on the basis of its entry into force.


Article 15

This law is published in the Official Journal.
Damascus at 21-6-1429 A.H., 25-6-2008.

President
Bashar al-Assad

Lawyer Naam Al-Masri

Executive Instructions for Act 11/2008 (Act on Arab and Foreign ownership)

Decision No. 588 /Dec.
Decision No. 588 /n/. 1 0-7-2008
Article 1-When non-Syrian occupation is a property based on property or lease methods, the competent police unit must be informed at the location of the property.
Article 2 to the lessor, which allowed non-Syrian occupation of the property to apply to the police unit within which the property is located (in accordance with the attached template) A poster has the image of the tenant, within a week of the date of the decade at the most.
b. The procedures specified in paragraph (a) apply to the property of non-Syrian persons under lease contracts that are still in force in the date of Act No. 11/2008, to be made public within fifteen days of the date of the Act's entry into force.
Article 3-The lessor shall inform the competent police unit at the time of extension or renewal of the lease.
Article 4 A property seller who allowed non-Syrian ownership of the property in accordance with the provisions of Act No. 11/2008 may apply to the police unit within which the property is located within a week of the date of the contract at the most, accompanied by a decision or by the property of the buyer within a week of the date of the contract. Approval of the king.

Decision No. 589/n/n
by resolution 589 /M/N dated 10-7-2008
Article 1. The rights in kind referred to in this Law (Act 11 /2008), are the following rights:
1. Original in kind: rights that do the same without the need for others:
??? The right to exercise-the right to take advantage-the rights of long-term dependence-the right of preference over the empty land-the right option resulting from the promise of sale.
II. Subsiinarity in kind:
are the prescribed rights over certain things to ensure that they fulfill a commitment, and they " Mortgage-Mortgage-Rights of Excellence "
The term "non-Syrian" means an Arab or foreign person, whether natural or legal, and does not include the provisions of this law for Palestinians who are in Syrian rule in accordance with the provisions of the law in force.
Article 2-To take into account the provisions of this Act, Legislative Decree No. /41//Date of 14.05.972 on the Ministry of Tourism, the Supreme Council for Tourism, and Law No. / 41 / Date 26-10-2004
:: On ownership of borders, Legislative Decree No. 8 /27 -12-2007 on investment projects and Law No. 32 /04.14-2007 on the ownership and rental of real estate in industrial cities by non-Syrians.
Article 3: The family and article 1/of the Legislative Decree No. 26 of 2007, the group of father, mother and children
With the integrated housing unit, the apartment or the separate house, which constitutes an integrated housing for one family (sleep-services) A reference is made to the newspaper of the property when it is registered in the real estate records as not subject to the divorce of the children.
Article 4-The history of non-Syrian acquisition of property shall be determined from the date of registration of real estate records and shall not be disposed of in any form of transfer of property five years prior to this property.
Article 5-No new leases may be made for real estate built within the organizational schemes of administrative units and municipalities so that they increase their duration with the duration of the previous contracts than fifteen years, and each contract being held is void.
Article 6-The application for property licensing shall be submitted to the county office where the property is located within its administrative boundaries with the following documents:
1. A real estate restriction issued by the Department of Real Estate Interests in the governorate and attached to it by a fundamentalist area issued by the Directorate of Space of the Directorate.
2. Statement by the competent municipality showing the location of the property and whether it is in or out of the organizational chart of the area of the property, and is not subject to the current and future separation of the property
3. Image on the civil registration of the owner.
4. Certified image of the family statement of the license student.
5. Instrument between the owner and the license student.
6. Instrument between the owner and the license student.
The Governor raises the request for authorization to the Ministry of the Interior, together with his opinion, in the light of the investigations he is conducting, and the Ministry decides the request regarding the acquisition of the property provided for in article 1, paragraph (a) /of the law, and returns it to the governor within 60 days of his registration in the Ministry of the Interior. -Civil affairs, accompanied by approval or disapproval of the license.
Article 7-The Ministry of the Interior holds an index of the names and property areas of non-Syrians.
Article 8-The property of the property is to inform the police unit at the location of the property within one week at most of the date of the contract.
Article 9-Licensing decisions issued prior to the operation of this Act shall remain in force.

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