Kuwait imposes travel bans for foreigners in financial cases

Counselor Saad Al-Safran, the Attorney General, issued a decision regarding travel bans on foreigners sentenced in financial cases.

The decision, after reviewing the articles of the Constitution of the State of Kuwait, pertains to Administrative Decision No. (167/2024), which re-establishes the committee competent in facilitating ways to develop procedures for collecting penal fines in favor of the state treasury.

Considering the issues raised by the committee Chairman, stemming from the rising number of initial judgments with fines against foreigners that remain uncollected, there’s a risk of the state losing its right to claim these financial amounts due to the statute of limitations on the case.

In consideration of the common good, the following decision has been made:

Article 1:

Foreigners sentenced to a fine are restricted from traveling under the following circumstances:

1.  Judgments in absentia issued with a fine penalty are as follows:

• First: Foreigners sentenced in absentia to a fine penalty and not yet declared.
• Second: Foreigners sentenced in absentia to a fine penalty, whether declared or not, with an opposition challenge pending beyond the legally scheduled date.
• Third: Foreigners sentenced in absentia to a fine penalty and not appealed within the legally scheduled date (twenty-seven days from the judgment announcement).

2.  Opposition judgments issued with a fine penalty are as follows:

• First: Foreigners sentenced in opposition to a fine and challenged within the legally prescribed date, pending adjudication.
• Second: Foreigners sentenced in opposition to a fine, without an appeal within the legally prescribed date (twenty days from judgment issuance).

3.  Adversary judgments issued with a fine penalty are as follows:

• First: Foreigners sentenced to a fine and appealed within the legally prescribed date, pending adjudication.
• Second: Foreigners sentenced to a fine penalty, without an appeal within the legally prescribed date (twenty days from judgment date).

Second Article:

The travel ban on foreigners sentenced to a fine in prior cases is automatically lifted upon full payment of their fine.

Third Article:

Notify the competent committee facilitating procedures for collecting penal fines for the state treasury’s benefit of this decision for information and implementation.