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Recognition of Foreign Passports

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Recognition of Foreign Passports 6 Recognition of Foreign Passports Argentina • Australia • Brazil • Canada • China France • Georgia • Germany • Iraq • Israel • Italy Japan • Jordan • Mexico • Nicaragua • South Africa Sweden • Turkey • United Kingdom • United States International law April 2021 Report for Congress LL File No. 2021-019994 The Law Library of Congress, Global Legal Research Directorate (202) 707-5080 (phone) • (866) 550-0442 (fax) • [email protected] • http://www.law.gov Contents Comparative Summary ............................................................................................................................. 1 Maps: Recognition of Irregular Passport Extensions .............................................................................................. 3 Government Issuance of Travel Documents to Foreigners ........................................................................... 4 International law ........................................................................................................................................ 5 Argentina................................................................................................................................................... 10 Australia .................................................................................................................................................... 13 Brazil .......................................................................................................................................................... 20 Canada ....................................................................................................................................................... 24 China .......................................................................................................................................................... 29 France ......................................................................................................................................................... 35 Georgia ...................................................................................................................................................... 39 Germany .................................................................................................................................................... 52 Iraq ............................................................................................................................................................. 58 Israel ........................................................................................................................................................... 62 Italy ............................................................................................................................................................ 66 Japan .......................................................................................................................................................... 72 Jordan ......................................................................................................................................................... 78 Mexico ........................................................................................................................................................ 82 Nicaragua .................................................................................................................................................. 85 South Africa .............................................................................................................................................. 90 Sweden ...................................................................................................................................................... 92 Turkey ........................................................................................................................................................ 99 United Kingdom .................................................................................................................................... 103 United States ........................................................................................................................................... 111 Comparative Summary Elin Hofverberg Foreign Law Specialist This report covers the recognition of foreign passports and issuance of passports or other travel documents to foreigners in 20 selected jurisdictions around the globe, namely Argentina, Australia, Brazil, Canada, China, France, Germany, Georgia, Iraq, Israel, Italy, Japan, Jordan, Mexico, Nicaragua, South Africa, Sweden, Turkey, United Kingdom, and the United States. The United States is included for comparative purposes and for the general information of our readers. In addition, the report includes a section on international law pertaining to the right to leave and re-enter one’s home country, as well as international obligations to issue travel documents to refugees and stateless persons. As a general rule, the jurisdictions surveyed recognize passports issued by authorities in countries recognized as sovereign states or with which they otherwise have diplomatic relations. In addition, most jurisdictions surveyed have rules regarding what passports may be recognized, including requirements that the passport or travel document include biometric and personal data. Certain jurisdictions have also issued lists of recognized passports, or lists of non-recognized passports. For example, Australia has issued a list of non-recognized passports, including passports issued by Abkhazia and South Ossetia, whereas Sweden has listed passports that are recognized despite not otherwise meeting the conditions for recognition, including certain Yemeni and Iranian passports. Most countries only recognize passports issued by governments that they have recognized as sovereign states. For example, Georgia does not recognize Kosovo or passports issued by the Kosovo government, and Iraq does not recognize Israel or Israeli passports. Nevertheless, several jurisdictions surveyed recognize passports issued by governments representing areas that the surveyed nation does not recognize as a nation state. In particular, the recognition of Palestinian Authority-issued passports is widespread, despite several countries not recognizing Palestine as a sovereign state. Countries that recognize passports issued by the Palestinian Authority but do not recognize Palestine as a state include Australia, Canada, France, Germany, and the United Kingdom. Similarly, passports issued by Taiwan, Macau, and Hong Kong are widely accepted. For example, Japan recognizes passports issued by authorities from specifically designated regions such as Taiwan. Other jurisdictions recognize particular states without recognizing passports issued by their governments. For example, Italy recognizes Kosovo as a sovereign state but does not recognize passports issued by the Kosovo government. Nicaragua recognizes passports from Sahrami Arab Democratic Republic, which it qualifies as: “a partially recognized de facto sovereign state.” Nicaragua also recognizes South Ossetia and Abkhazia and its passports. Similarly, Turkey recognizes the Turkish Republic of Northern Cyprus (TRNC) and its passports, while Australia, Germany, and the United Kingdom specifically do not recognize the same. No country surveyed recognizes passports issued by the Islamic State of Iraq and Syria (ISIS), and some countries specifically did not recognize any passport issued from the occupied areas of Al-Anbar or Mosul. The Law Library of Congress 1 Recognition of Foreign Passports: Comparative Summary Other explicitly non-recognized passports include certain Iraqi, Syrian, Somali, and Yemeni passports. For example, Germany specifically does not recognize Syrian passports issued in the Deir ez-Zor, Raqqa, Hasakah, and al-Haskeh regions. Several jurisdictions surveyed include land that is the subject of regional disputes over territory, including China, Georgia, Iraq, and Israel. The government of these jurisdictions issue travel documents for persons living in disputed areas that may or may not be recognized by the other surveyed jurisdictions. Some jurisdictions surveyed, including Argentina and Sweden, report that the government or a government agency may recognize an otherwise non-recognized travel document if deemed in the humanitarian interest to do so. Several countries surveyed specifically recognize the automatic extension of the Venezuelan passport granted by the Venezuelan government in 2019, specifically Canada, Argentina, Brazil, Canada, the United Kingdom, and the United States. However, for a majority of the countries surveyed, information pertaining to recognition of irregular passport extensions could not be located. One country, Germany, has recognized the irregular extension of Yemeni passports. Most jurisdictions surveyed are party to the 1951 Conventions Relating to the Status of Refugees and the 1954 Convention Relating to the Status of Stateless Persons. Signatory jurisdictions are under an international obligation to issue travel documents to refugees and stateless persons. Most jurisdictions surveyed have rules in place for issuing travel documents to refugees. All countries surveyed, except China and the United States, were also found to issue travel documents to stateless persons within their territory. Jordan and Iraq only issue such documents to stateless Palestinians and Palestinian refugees. In addition, several countries,
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