Urkunden zur Errichtung der Vereinigten Arabischen Republik

Urkunden zur Errichtung der Vereinigten Arabischen RepublikSource: Archiv des Völkerrechts, 9. Bd., 1. H. (Januar 1961), pp. 72-87Published by: Mohr Siebeck GmbH & Co. KGStable URL: http://www.jstor.org/stable/40796571 .

Accessed: 12/06/2014 15:16

Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at .http://www.jstor.org/page/info/about/policies/terms.jsp

.JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range ofcontent in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new formsof scholarship. For more information about JSTOR, please contact [email protected].

.

Mohr Siebeck GmbH & Co. KG is collaborating with JSTOR to digitize, preserve and extend access to Archivdes Völkerrechts.

http://www.jstor.org

This content downloaded from 194.29.185.109 on Thu, 12 Jun 2014 15:16:16 PMAll use subject to JSTOR Terms and Conditions

http://www.jstor.org/action/showPublisher?publisherCode=siebeck

http://www.jstor.org/stable/40796571?origin=JSTOR-pdf

http://www.jstor.org/page/info/about/policies/terms.jsp


URKUNDEN

Urkunden zur Errichtung der Vereinigten Arabischen Republik

1. Proklamation der Vereinigten Arabischen Republik vom i. Februar 1958*)

PROCLAMATION OF THE UNITED ARAB REPUBLIC

On February 1, 1958, in a historic session held at Kubbah Palace in Cairo, His Excellency President Shukry El-Kuwatly of Syria, and President Gamal Abdel- Nasser of Egypt, met the representatives of the Republics of Syria and Egypt, [here follows a list of names].

The purpose of this meeting was to discuss the final measures to be taken for the realisation of the Arab peoples' will, and the execution of what the Constitutions of both republics stipulate, namely that the people of each of them form a part of the Arab Nation. They, therefore, discussed the decisions unanimously approved by the National Assembly of Egypt and the Syrian House of Representatives that unity should be established between the two countries as a preliminary step towards the realisation of complete Arab unity. They also discussed the clear signs manifest in the past few years, that Arab nationalism was the inspiring spirit that domina- ted the history of Arabs in all their different countries, their common present and the hoped-for future of every Arab.

They came to the conclusion that this unity which is the fruit of Arab nationalism is the Arabs' path to sovereignty and freedom, that it is one of humanity's gateways to peace and co-operation, and that it is therefore their duty to take this unity with persistence and determination staunch and unwavering, out of the circle of wishes and aspirations to where it can be converted into a reality. They came out of this with the conviction that the elements conducive to the success of the union of the two republics were abundant, particularly recently after their joint struggle - which had brought them even closer to one another - made the meaning of nationalism considerably clearer, stressed the fact it was a movement for liberation and rehabilitation and that it was a faith in peace and co-operation.

For all this, the participants declare their total agreement, complete faith and deeply rooted confidence in the necessity of uniting Egypt and Syria into one State to be named "The United Arab Republic".

They have likewise decided to declare their unanimous agreement on the adoption of a presidential democratic system of government for the Arab Republic. The executive authority shall be vested in the head of the State assisted by the ministers appointed by him and responsible to him.

The legislative authority shall be vested in one legislative house. The new republic shall have one flag, one army, one people who shall remain joined in a unity where all will share equal rights and duties, where all will call for the protection

*) Abdruck nach: International and Comparative Law Quarterly Vol. 8 (1958/59) S.372ff.



Errichtung der Vereinigten Arabischen Republik 73

of their country with heart and soul, and compete in the consolidation of its integrity and the insurance of its invulnerability.

His Excellency President Shukry El-Kuwatly and President Gamal Abdel-Nas- ser will each deliver a statement to the people in the Syrian and the Egyptian Par- liaments respectively on Wednesday, February 5, 1958, in which they will announce the decisions reached in this meeting and explain the principles of the unity on which this rising young republic shall stand.

The peoples of Egypt and Syria shall be called upon to participate in a general plebiscite on the principles of this unity and the choice of the head of the State within thirty days.

In proclaiming these decisions, the participants feel great pride and overwhel- ming joy in having assisted in taking this positive step on the road to Arab unity and solidarity - a unity which had been for many an epoch and many a generation the Arabs' much cherished hope and greatly coveted objective. In deciding on the unity of both nations, the participants declare that their unity aims at the unifica- tion of all the Arab peoples and affirm that the door is open for participation to any Arab State desirous of joining them in a union or federation for the purpose of protecting the Arab peoples from harm and evil, strengthening Arab sovereignty, and safeguarding its existence.

May God protect this step we have taken and those which are to follow with His ever vigilant care and benevolence so that the Arab people under the banner of unity may live in dignity and peace.

2. Vorläufige Verfassung der Vereinigten Arabischen Republik vom 5. März 1958 ♦)

THE PROVISIONAL CONSTITUTION OF THE UNITED ARAB REPUBLIC

Part I The United Arab State

Article 1 The United Arab State is a democratic, independent, sovereign Republic, and its

peoples are part of the Arab Nation.

Article 2

Nationality in the United Arab Republic is defined by law. Nationality of the United Arab Republic is enjoyed by all bearers of the Syrian or Egyptian natio- nalities; or who are entitled to it by laws or statutes in force in Syria or Egypt at the time this Constitution takes effect.

Part II Basic Constituents of the Society

Article 3 Social solidarity is the basis of society.

*) Abdruck nach: International and Comparative Law Quarterly Vol. 8 (1958/59) S. 374 ff .



74 Urkunden

Article 4 National economy is organised according to plans which conform to the principles

of social justice, and aim at the development of national productivity and the raising of the standard of living.

Article 5 Private property is inviolable. The law organises its social function. Property

may not be expropriated except for purposes of public utility and in consideration of just compensation in accordance with the law.

Article 6 Social justice is the basis of taxation and public imposts.

Part III Public Rights and Obligations

Article 7 All citizens are equal before the law. They are equal in their rights and obliga-

tions, without distinction of race, origin, language, religion or creed.

Article 8 No infraction and no punishment may be imposed except by virtue of the law.

Penalties may not be inflicted except in respect of offences committed subsequently to the date of the law prescribing them.

Article 9 The extradition of political refugees is prohibited.

Article 10 Public liberties are guaranteed within the limits of the law.

Article 11 Defence of the Fatherland is a sacred duty, and the fulfilment of military service

is an honour for all citizens. Conscription is obligatory in accordance with the law.

Part IV The System of Government

Chapter I - Head of the State Article 12

The President of the Republic is the Head of State. He exercises his powers in the manner prescribed by this Constitution.

Chapter II - The Legislature Article 1 3

The legislative power is vested in an Assembly named the National Assembly. Number of the members of the National Assembly and their choice are determined by Presidential Decree. At least half of the number of members must be members of the Syrian Chamber of Deputies and the National Assembly of Egypt.

Article 14 The National Assembly exercises control over the acts of the Executive in the

manner prescribed by this Constitution.




Article 1 5 To be member of the Assembly, a person must not be less than thirty years of

age according to the Gregorian Calendar.

Article 16 The National Assembly has its seat in Cairo. It may be convened elsewhere upon

the demand of the President of the Republic.

Article 17 The President of the Republic convokes the Assembly and declares the closure of

its session. Article 18

Meetings of the National Assembly, without summons, and outside its sessions are null and void, and decisions taken therein are null and void, according to the law.

Article 19 Before admission to the exercise of their functions members of the Assembly shall

take the following oath before the Assembly in public session: "I swear in the name of Allmighty God to preserve faithfully the United Arab

Republic and its Régime to watch over the interests of the People and integrity of the Fatherland, and to respect the Constitution and the Law."

Article 20 The Assembly shall elect a President, and two Vice-Presidents at the first ordi-

nary meeting. Article 21

Meetings of the Assembly are public. Nevertheless, the Assembly can meet in camera following the demand of the President of the Republic or twenty of its members. The Assembly decides thereafter whether the discussion of the question under consideration should or should not be resumed in public.

Article 22 No law may be enacted unless approved by the Assembly. No draft law may be

adopted unless a vote is taken on each of its articles separately.

Article 23 The Assembly draws up its own internal regulations determining the manner in

which it exercises its powers. Article 24

Every member of the National Assembly is entitled to address to the Ministers questions or interpellations. Interpellations may not be discussed until after at least seven days from the date of their presentation, except in the case of urgency and with the consent of the Minister concerned.

Article 25 Any twenty members of the National Assembly may ask for the discussion of a

general question with a view to ascertaining the Government's policy and exchang- ing views on such a question.

Article z6 The National Assembly may express its wishes and proposals to the Government

regarding several questions.



γ 6 Urkunden

Article 27 No impost may be established, modified or abolished except by a law. No one

may be exempted therefrom except in the cases specified by the law. No other tax or duty may be exacted except within the limits defined by the law.

Article 28

The law defines the basic rules of the collection of public revenues and the manner of their expenditure.

Article 29 The Government may not contract any loans, nor undertake any project which

would be a burden on the State Treasury over one or more future years, except with the consent of the National Assembly.

Article 30 No monopoly may be granted except by law and for a limited duration.

Article 3 1

The law prescribes the manner of the preparation of the Budget, and its presentation to the National Assembly.

Article 32 The project of the State's General Budget must be submitted to the National

Assembly for its examination and approval at least three months before the end of the financial year. Each section of the Budget must be voted separately.

The National Assembly may not introduce any amendments to the draft budget except with the approval of the Government.

Article 33 Every transfer of funds from one section of the Budget to another must be ap-

proved by the National Assembly, as well as any expenditure for which no provision is made therein or exceeding the budgetary allocations.

Article 34 The provisions relating to the Budget of the State are applicable to independent

or annexed budgets. Article 35

The law determines the rules regarding the budgets of other public institutions.

Article 36 No member of the National Assembly may, during the session, be subject to a

criminal prosecution without the permission of the Assembly, except in cases of flagrante delicto.

The Assembly must be given notification on any case where prosecution is undertaken while the Assembly is in recess.

Article 37 No member of the National Assembly may be deprived of his mandate except

by an decision of a two-thirds majority of the Assembly, upon a proposal of twenty of its members, and this on the ground of loss of confidence and esteem.



Errichtung der Vereinigten Arabischen Republik yy

Article 38 The President of the Republic has the right to dissolve the National Assembly. In

this case, a new Assembly must be formed and convocated within a period of sixty days from its dissolution.

Article 39 When the National Assembly declares a vote of no confidence in a Minister, he

must resign. A motion of censure concerning a Minister may not be submitted to the Assembly

until after an interpellation has been addressed to him. Such a motion must be pro- posed by twenty members of the Assembly. No decision may be taken before at least three days from the date of the presentation of the motion.

Withdrawal of confidence must be pronounced by the majority of the members of the Assembly.

Article 40 No one may at the same time be a member of the National Assembly and incum-

bent of a public function. The law determines the other cases of incompatibility of functions.

Article 41 No member of the National Assembly may be appointed to the board of a com-

pany during the period of his mandate except in the cases prescribed by the law.

Article 42 No member of the National Assembly may, during the period of his mandate,

acquire or take or lease any State property, or lease, sell or exchange to or with the State any part of his property whatsoever.

Article 43 Members of the National Assembly receive a remuneration prescribed by the law.

Chapter III - The Executive

Article 44 The executive power is vested in the President of the Republic, and he exercises

it in the manner prescribed by the Constitution.

Article 45 The President of the Republic may not, during his term of office, exercise a

liberal profession or undertake any commercial, financial or industrial activity. Nor may he acquire or take or lease any property belonging to the State, or lease, sell or exchange to or with the State any part of the property whatsoever.

Article 46 The President of the Republic may appoint one or more Vice-Presidents, as he

may relieve them of their posts. Article 47

The President of the Republic appoints the Ministers and discharges them from their functions. Ministers of State, and Secretaries of State may be appointed. Each Minister supervises the affairs of his Department, and executes the general policy drawn by the President of the Republic.

Article 48 The Vice-President, or the Minister may not, during his tenure of office, exercise

a liberal profession, engage in commercial, financial or industrial activities, nor



78 Urkunden

may he acquire or take on lease any property belonging to the State, or lease, sell or exchange any part whatsoever of his own property to, or with the State.

Article 49 The President of the Republic and the National Assembly have the right to bring

a Minister to justice for infractions committed by him in the exercise of his functions. The indictment of a Minister by the National Assembly is effected by a proposal submitted by at least one-fifth of the members of the Assembly. Such indictment must be approved by a majority of two-thirds of the members of the Assembly.

Article 50 The President of the Republic has the right to initiate laws, to oppose and to

promulgate them. Article 5 1

If the President of the Republic opposes a draft law, it is sent back to the Na- tional Assembly within the thirty days following the date of its communication to him.

If it is not referred back to the Assembly within this period, it is considered law and promulgated.

Article 52 If a draft law is referred back to the Assembly within the prescribed time, and

is voted a second time by a majority of two-thirds of its members, it is considered law and promulgated.

Article 53 While the National Assembly is in recess, the President of the Republic may

enact decrees, having the force of law, or take decisions originally lying within the competence of the Assembly, should the necessity arise. Such decrees and decisions must be submitted to the National Assembly at its first meeting. If, however, the Assembly opposes them by a two-thirds majority, they are no longer effective from the day of their opposition.

Article 54 The President of the Republic enacts the regulations necessary for the organi-

sation of the public service departments and supervises the administration thereof.

Article 55 The President of the Republic is the Supreme Commander of the Armed Forces.

Article 56 The President of the Republic concludes treaties and communicates them to the

National Assembly. Such treaties will have the force of law after their conclusion, their ratification and their publication in conformity with the rules in force.

However, peace treaties, treaties of alliance, commercial and navigational treaties as well as all treaties entailing territorial changes or affecting the rights of sovereignty, or those involving expenditure by the Public Treasury for which no provision is made in the Budget, will not become effective until after ratification by the National Assembly.

Article 57 The President of the Republic may declare a state of emergency.

Article 58 The United Arab Republic consists of two regions: Egypt and Syria. In each,

there shall be an executive council appointed by Presidential decree. This executive




council has the competence to examine and study matters pertaining to the execution of the general policy in the region.

Chapter IV - The Judicature Article 59

Judges are independent. They are, in the administration of Justice, subject to no other authority save that of the law. No power in the State may interfere in lawsuits or in the affairs of justice.

Article 60 Judges are irrelievable, in the manner prescribed by law.

Article 61 The law organises the various jurisdictions and determines their attributions.

Article 62 Sessions of the Courts are conducted in public, unless a court decides, in the

interests of public order or morality, to sit in camera.

Article 63 Judicial decisions are pronounced and executed in the name of the Nation.

Part V General Rules

Article 64 Cairo is the capital of the United Arab Republic.

Article 65 The law determines the national flag and the regulations relative thereto. The law also determines the State Emblem and the regulations relative thereto.

Article 66 The law only legislates post-operatively; it has no retroactive effect. Nevertheless,

provisions to the contrary may be stipulated in a law except in criminal matters with the approval of the majority of the members of the National Assembly.

Article 6γ Laws are published in the Official Gazette within two weeks from the date of

their promulgation, and come in force ten days thereafter. Nevertheless this time may be extended or curtailed by a special provision in the law.

Part VI Interim and Final Rules

Article 68 All laws, decrees and regulations in force in each of the two regions of Egypt and

Syria at the time this Constitution comes into effect shall remain valid within the regional spheres, for which they were intended. These laws, decrees and regulations may, however, be abrogated or amended according to the procedure established in the present Constitution.



8o Urkunden

Article 69 The coming into effect of the present Constitution shall not infringe upon the

provisions and clauses of the international treaties and agreements concluded between each of Syria and Egypt and the foreign powers.

These treaties and agreements shall remain valid in the regional spheres for which they were intended at the time of their conclusion, according to the rules and regulations of the International Law.

Article 70 A special budget, alongside the State Budget, shall be drawn up and put in force

in each of the present regional sphere of each of Syria and Egypt until the coming into effect of the final measures for the introduction of a single budget.

Article 71 The public services and administrative system existing at the time the present

Constitution comes into effect shall remain in force in Syria and Egypt until their reorganisation and nification by Presidential Decree.

Article 72 Citizens shall constitute a National Union Work for the realisation of national

aims and the intensification of the efforts for raising a sound National Structure, from the political, social and economic viewpoints. The manner in which such a union is to be formed shall be defined by Presidential Decree.

Article 73 The present provisional Constitution shall be in force until the announcement of

the people's approval of the final Constitution of the United Arab Republic.

3. Staatsangehörigkeitsgesetz der Vereinigten Arabischen Republik vom 22. Juni 1958*)

NATIONALITY LAW OF THE UNITED ARAB REPUBLIC

In the name of the Nation The President of the Republic Having considered Articles 2 and 53 of the temporary Constitution and Legis-

lative Decree No. 21 of 4-2-1953 as amended by Law 492 of 1 6-1 2-1957 relating to Syrian nationality.

And Law 391-1956 relating to Egyptian nationality. And the opinion of the State Council has promulgated the following Law:

Article 1 Conferring U.A.R. nationality on all persons who on 22/2/1958: (a) Enjoyed Syrian nationality in conformity with the provisions of Legislative

Decree No. 21 of 4-2-1953 referred to above. (b) Enjoyed Egyptian nationality in conformity with the provisions of Law

391-1956. The provisions of this Article do not apply to those already deprived of Syrian

or Egyptian nationality.

*) Abdruck nach: International and Comparative Law Quarterly Vol. 8 (1958/59) S. 380 ff. (Übersetzung aus Egyptian Economic and Political Reviev September 1958 S. 36).



Errichtung der Vereinigten Arabischen Republik 8 1

Article 2 Shall enjoy U.A.R. nationality:

First: Those born of a father having this nationality. Second: Those born in the U.A.R. from a mother having the nationality of

this Republic and a father of an unknown nationality or having no nationality.

Third: Those born in the U.A.R. from a mother having the nationality of this Republic but not legally attributed to their fathers.

Fourth: Those born in the U.A.R. of two unknown parents. Foundlings in the U.A.R. are considered as born in this Republic unless the contrary is proved.

The provisions of this Article are valid even if the date of birth preceded the promulgation of this Law.

Article 3 By an Order of the Minister of Interior, shall be considered as enjoying U.A.R.

nationality anyone born abroad of a mother having the nationality of this Republic and an unknown father, or a father having no nationality or of unknown nationality, but adopting U.A.R. nationality within one year from attaining his majority, provided that he has resided in the U.A.R. for at least five consecutive years prior to his attaining his majority.

Article 4 Shall be considered, by an Order of the Minister of Interior, as enjoying U.A.R.

nationality any foreigner born in the Republic and fulfilling the following conditions :

I. He must have submitted, within one year of attaining his majority, an application for acquiring U.A.R. nationality.

II. His ordinary residence must be in the U.A.R. on attaining his majority. III. He must be of sound mind and not afflicted with a bodily defect causing

him to be an encumbrance upon society. IV. He must be of good conduct and of unimpaired reputation. He must not

have been sentenced for any crime injuring his honour or to any punishment restricting his liberty, unless his honourable status shall have been legally restored to him.

V. He must be acquainted with the Arabic language.

Article 5 By an Order of the Minister of the Interior, U.A.R. nationality may be granted

to a foreigner fulfilling the following conditions: I. He must have reached his majority. II. He must be of sound mind and not afflicted with any bodily defect making

him an encumbrance upon society. III. He must have resided in the U.A.R. for at least ten consecutive years, prior

to his application for U.A.R. nationality. IV. He must be of good conduct and of unimpaired reputation. He must not

have been sentenced for any crime injuring his honour or to any punishment restricting his liberty, unless his honourable status shall have been legally restored to him.

V. He must be lawfully earning his living. VI. He must be acquainted with the Arabic language.

Article 6 By an Order of the Minister of the Interior, U.A.R. nationality may be granted

to any foreigner fulfilling the conditions mentioned in the preceding Article, if for

6 ArdiVR 9/1



82 Urkunden

the purpose of acquiring nationality he has obtained authorisation from the Mini- ster of the Interior to reside as a citizen in the U.A.R. and has actually resided therein for five consecutive years after that authorisation. The validity of this authorisation will cease should that period have elapsed and no application have been submitted for nationality within a period of three months.

Should the applicant having the authorisation die before obtaining U.A.R. nationality, his wife and minor sons and daughters may benefit by this authorisation and benefit from the period the deceased resided.

Article 7 Shall be considered as an "Arab Citizen" any member of the Arab Nation, even

if he does not reside in an Arab country and does not bear the nationality of any Arab State.

By an Order of the Minister of the Interior, he may be granted a certificate to this effect at his request. His application will be submitted to the "Committee of Arab Citizens" for an opinion. The formation of this committee will be by an Order from the President of the Republic.

The Minister of the Interior may, after consulting the "Committee of Arab Citizens", withdraw this certificate should it be proved that there is a danger to public security or to economic and social interests due to the activities pursued by the bearer of this certificate.

Article 8 There are special registers in the U.A.R. Consulates abroad for recording bearers

of certificates as "Arab Citizens". Article 9

Bearers of certificates as "Arab Citizens" enjoy the following rights: (a) Entering the U.A.R. without an entrance visa. (b) Residing in both regions of the U.A.R. (c) Rights of the citizens of the U.A.R., as laid down by order of the President

of the Republic and within the limits of these orders. (d) Practising professions or commercial and industrial activities in conformity

with the laws of the Republic applies to the "Arab Citizen" who has made his residence in the Republic for at least one year and has applied for an application to be submitted to the "Committee of Arab Citizens" and approved by that Committee.

Article 10 U.A.R. nationality may be granted by an order of the Minister of the Interior to: I. All those born in the U.A.R. from a foreign father born in this Republic, if

this foreigner is a member of a majority of the population in a country speaking Arabic or of the Islamic Faith.

II. All those born in the U.A.R. of a father of Syrian or Egyptian origin and having no other nationality, provided an application is submitted for obtaining nationality after having fulfilled the legal residence in the U.A.R.

III. All those of Syrian or Egyptian origin, provided an application for U.A.R. nationality has been submitted öfter five years from fulfilling the legal residence in the Republic and on condition that they hold no other nationality on submitting the said application.

Article 11 U.A.R. nationality may be granted by an order of the President of the Repu-

blic to: I. Those who bear a certificate as an "Arab Citizen" and apply for nationality.




II. Any foreigner who has rendered valuable services to the State, the Arab Nation or Arab nationalism.

III. Heads of religious communities.

Article 12

Granting U.A.R. nationality to a foreigner does not give his wife the rights of nationality unless she desires by her own accord to acquire this nationality and informs the Minister of the Interior accordingly, and provided she has been married for at least two years from the date of notification.

The Minister of the Interior may by a motivated order, and before the lapse of two years deprive the wife of U.A.R. nationality.

His minor children have U.A.R. nationality unless they normally reside abroad and, in accordance with the laws of the country to which they are subject, follow the original nationality of their father. The children whose nationality has been determined according to the preceding provisions may have the choice of their original nationality within one year from attaining their majority.

Article 13 A foreign woman marrying a man of U.A.R. nationality cannot be granted

U.A.R. nationality unless she notifies the Minister of the Interior of her desire to do so and has been married for at least two years from the date of notification.

The Minister of the Interior may by a motivated order before the lapse of the period referred to in the preceding paragraph, deprive the wife of U.A.R. nationality.

Article 14 If a foreign wife gains U.A.R. nationality in conformity with the provisions of

the two preceding Articles, she does not lose it if her marriage is dissolved unless she remarries a foreigner and adopts his nationality in accordance with the laws of that nation, or unless she recovers her original nationality.

This provision applies to those already enjoying Egyptian nationality according to Articles 8 and 9 of the order of the President of the Republic under Law 391-1956 referred to above.

Article 1 5 The wife who was originally a U.A.R. national of Syrian or Egyptian origin

may recover this nationality as soon as her foreign husband is granted U.A.R. nationality. She may also recover this nationality as soon as she is married to a man enjoying U.A.R. nationality.

Article 16

Foreigners gaining U.A.R. nationality in conformity with the provisions of Articles 3, 4, 5, 6, 10, 12 and 13 or Syrian nationality in conformity with the Legis- lative Decree No. 21 of 4-2-1953 referred to above, or Egyptian nationality in conformity with the provisions of Articles 3, 4, 5, 6, 8 and 9 of Law 391-1956, do not have the right to enjoy the privileges of citizens of the U.A.R. or to practise their political rights before the lapse of five years from the date of gaining that nationality.

It is not permitted to elect or appoint him as a member to any parliamentary organisation before the lapse of ten years from the said date.

Exemption from the condition of five years mentioned in the first paragraph is accorded to individuals of non-Islamic Communities nominated by an Order of the President of the Republic regarding the practising of their rights in the elections to Religious Councils of communities of which they are members.

May be exempted from the time condition of these two periods, by an Order of

6*



84 Urkunden

the Minister of Interior, those who have joined the Arab Armed Forces and fought with them.

Article 17 It is not permitted for those bearing U.A.R. nationality to adopt a foreign na-

tionality without permission by an Order of the Minister of the Interior. Any person adopting a foreign nationality before receiving this previous per-

mission will remain a U.A.R. national in all respects and at all times, unless the U.A.R. nationality is withdrawn from him by the Minister of the Interior in conformity with the provisions of Article 22.

Article 18 The adoption by a man bearing U.A.R. nationality of a foreign nationality, if

permitted to do so, results in his wife's losing her U.A.R. nationality, if according to the Law of that foreign country she must follow him, unless she declares within one year from her husband's acquiring that nationality that she desires to maintain her U.A.R. nationality.

As for his minor children, they will lose their U.A.R. nationality if by virtue of the Laws of that foreign country they must follow their father.

The children whose nationality has been determined in conformity with the preceding provisions may, within one year of their attaining their majority, have the choice of adopting their original nationality.

Article 19 A woman of U.A.R. nationality who marries a foreigner maintains her said

nationality unless she desires to adopt her husband's nationality either at the mo- ment of contracting the marriage or during her married life, or the law of her foreign husband stipulates her following him.

Should the marriage contract of a woman of U.A.R. nationality with a foreigner be considered void in conformity with the law in force in the U.A.R., and legal in conformity with the foreigner's law, she will maintain her U.A.R. nationality and will never adopt her husband's nationality.

Article 20 A woman of U.A.R. nationality who loses it in conformity with the provisions

of the two preceding Articles may recover her U.A.R. nationality when the marriage is dissolved if she so desires and with the approval of the Minister of the Interior.

Article 21 The Minister of the Interior may, by a motivated Order, withdraw U.A.R.

nationality from those who have been granted citizenship, within five years from becoming U.A.R. nationals in the following cases:

(a) If he has been condemned in the U.A.R. for a crime either by penalty or by imprisonment.

(b) If he has been legally condemned for a crime against government security abroad or in the U.A.R.

(c) If he has ceased to reside in the U.A.R. for two successive years without a reason acceptable to the President of the Republic.

However, U.A.R. nationality may be withdrawn at any time from those persons who have obtained their nationality through fraud or deceit.

The provisions of this Article apply to those already enjoying Syrian or Egyp- tian nationality according to previous laws.




Article 22

The Minister of the Interior may by a motivated Order withdraw U.A.R. nationality from those enjoying it in the following cases:

(a) If any person adopts a foreign nationality in contravention of the provisions of Article 17.

(b) If any person joins the Armed Forces of a foreign country without previous permission from the Minister of War.

(c) If any person performs any act in the interest of a foreign country which is in a state of war with the U.A.R. or which has severed diplomatic relations with the U.A.R.

(d) If any person accepts a post abroad in a foreign country or organisation and still holds it despite orders issued to him by the U.A.R. to abandon it.

(e) If his legal residence is abroad and he has joined a foreign organisation whose aim is to overthrow the existing social order or economic system of the State by any means whatsoever.

(f) If a final sentence is pronounced against him for the infringement of the law stipulating the obtaining of permission before being employed in foreign organisations.

(g) If he at any time shows signs of Zionism. (h) If he is sentenced and found guilty of crimes impairing his loyalty to his

country or involving treason.

Article 23 For important reasons and on convincing evidence, the Minister of the Interior

may withdraw U.A.R. nationality from any person granted it who has left the U.A.R. intending not to return, if his absence abroad exceeds six months after being warned to return, and also if he does not reply or replies pleading unreasonable causes within three months from date of warning. If he refuses to receive the warning or his address is unknown, publication in the Official Journal will be considered as a warning.

For those persons who left the Syrian Region for abroad before this law came into force, the period will be considered as from the date that this law came into force.

Article 24 The withdrawal of nationality referred to in Article 21 entails the cancellation

of this nationality for its bearer. By an order of the Minister of the Interior, this nationality may be withdrawn

from those who had gained it by being a local subject. The withdrawal of nationality in the cases referred to in Article 22 entails the

cancellation of this nationality for its bearer alone. Its cancellation in the cases mentioned in Article 23 entails its cancellation for his wife and minor children leaving the country with him.

Article 25

By an Order of the Minister of the Interior, U.A.R. nationality may be restored to those from whom it has been withdrawn or cancelled in conformity with the provision of Articles 21, 22 and 24.

The Minister may also restore U.A.R. nationality to those from whom it has been withdrawn or cancelled in conformity with the nationality laws in force in the Syrian or Egyptian Regions before 22nd February, 1958.



86 Urkunden

Article 26 The adoption of, or withdrawal or cancellation or restitution of U.A.R natio-

nality shall not be retroactive unless otherwise stipulated.

Article 27 Declarations, announcements, documents and applications stipulated in this law,

should be addressed to the Minister of the Interior or any person delegated by him by way of official announcement at the hand of a bailiff or by delivering it to the official concerned (against receipt) in the Governate, Province or Liwa to which the person concerned is subject. Abroad, however, those papers will be delivered to the diplomatic representatives or consuls of the U.A.R.

These papers may also, by an Order of the Minister of the Interior, be delivered to any other official nominated in the said Order.

Article 28 A certificate of U.A.R. nationality may be delivered by the Minister of the

Interior to all interested against a fee of L.E. 3.- after the verification of nationality.

The fee is to be fixed by an Order of the Minister of the Interior. This certificate shall be legal and valid unless cancelled by a motivated Order of

the Minister of the Interior. Such a certificate will be delivered to the applicant within one year from the

date of application, unless the Minister of the Interior refrains from delivering it in due time; in this case, the application will be considered as refused.

Article 29 All decisions relating to the granting of U.A.R. nationality or its withdrawal or

cancellation, take effect from the date of issue and should be published in the Official Journal within fifteen days from the date of issue. This is done without prejudice to the rights of individuals acting in good faith.

Article 30 The provisions of all Treaties and International Agreements relating to natio-

nality concluded between the U.A.R. and foreign States, or between the Republic of Egypt or the Republic of Syria and foreign States, shall be applied each within its regional scope, even if they contradict this Law.

Article 3 1 In the provisions of this Law the following terms mean: (a) (Majority): Attaining the age of 21 Gregorian calendar years. (b) (Syrian or Egyptian origin) :

The Syrian or the Egyptian whose condition of residence is impossible to determine, whether for himself or for his father or wife, or who is unable to have his nationality (Egyptian or Syrian) acknowledged before 22nd February, 1958, if any of his foreparents were born in the U.A.R.

(c) (The Arab nations): Peoples of the territories located between the Atlantic Ocean and the

Arab (Persian) Gulf if the prevalent language of the majority of the population is Arabic.

Article 32 Residence in either the Syrian or Egyptian Region is complementary to residence

in the other Region in accordance to this Law and the nationality laws referred to in Article 1.



Charter der Vereinigten Arabischen Staaten 87

Article 33 All provisions issued relating to nationality affairs are equal for all and are

published in the Official Journal. Article 34

The burden of producing evidence in nationality affairs lies on those enjoying U.A.R. nationality or those denying it.

Article 35 The effect of marriage in acquiring or losing nationality is not valid unless the

marriage is registered in an official document issued by the competent authorities.

Article 36 Without prejudice to any severer penalty stipulated by other laws, shall be

punished by imprisonment for a period not exceeding two years and a fine not exceeding L.E. 100.- any person who has given to the competent authorities false statements or documents to affirm or deny nationality for himself or any other person.

Article 37 Legislative Decree No. 21 and Presidential Order No. 391-1956 are hereby abro-

gated. Article 38

This Law is to be published in the Official Journal and will be put into force in both Regions of the Republic, 30 days after date of publication. The necessary regulations for putting it into force will be issued by the Minister of the Interior.

Issued in the Presidency of the Republic on 5 Zul Hegga, 1377 (22nd June, 1958).

Charter der Vereinigten Arabischen Staaten vom 8. März 1958 ♦)

THE CHARTER OF THE UNITED ARAB STATES

Parti

The Union

Article 1 A Union named the United Arab States is hereby created. It includes the United

Arab Republic, the Kingdom of Yemen and those Arab States which will agree to join this Union.

Article 2 Each State will preserve its international personality and its system of govern-

ment. Article 3

Citizens of the Union are equal in public rights and obligations.

*) Abdruck nach: International and Comper ative Law Quarterly Vol. 8 (1958/59) S. 387 ff.



Date post:	16-Jan-2017
Category:	Documents
Upload:	hathuan
View:	216 times
Download:	2 times

Urkunden zur Errichtung der Vereinigten Arabischen Republik

Documents