Analysis of Decree No.149,2019
Preamble: The preamble states that the government following its policies on the desire to attract foreign investors and promote other productive sectors who are offering services which are directly affected by the demand of investors and tourist to visit the country thereby creating employment, Has considered it prudent to establish a new Law to regulate visa permits in pursuance to an invocation of article 21 Subsection b) of the organic Law 3/2010, dated 30 May on the Immigration Law. The preamble also states the need to consider ensuring security and diligence when obtaining Static information with regards to flows. It also provides for the urge to define and give effect to the different types of Visas mentioned under the law.
Article 1 establishes this Law as the current law governing Immigration through the invocation of article 21 subsection b) of the Organic Law of Immigration in Equatorial Guinea.
Subsections a-d establishes different types of visas under the law including the following:
- Tourist Visa: Conferred to a person who desires to visit the country based on pleasure motives, recreation o spreading. The stay shall not exceed a period of 90 days.
- Business Visa: To be conferred on any person who validly proves that he/she is in to businesses activities/and an exchange of commercial of business with Equatorial-Guinea companies or with a based social establishment in the Republic of Equatorial Guinea, or Public Organs. The duration of which shall not exceed 90 days, but can be renewed for another 90 days.
- Humanitarian and Emergencies Visas: Conferred on any person possessing a cause founded or accredited for his admission, medical treatment, assisting a judicial proceeding ,death or any health situation of a family or friend and those cases
- Congress, meetings and seminar Visa: to be conferred on a person upon an invitation by the organizers of events with national o international character with public interest to be realized in the country. The duration is to be of 30 days, and could be prolong for another 30 days on request. The duration shall be of thirty days 90 days, and 90 days of renewal.
Article 2: Is to the effect that in the case of having conferred the visas mentioned under article 1 the traveler shall not travel in to the country during a period exceeding more than half the time required for the said visa. If this is done the visa shall expire automatically.
Article 3: This article is to the effect that the requirement for each type of visa shall be determined by the Department and ministries corresponding to the said competences as established.
Article 4: The visas shall be stated in the passports or the valid documents of the traveler recognized by the authorities of his country which has to also be recognize and be admitted in to the Territory National.
Article: The coffered visa can be nullify without prior notification at any time at the disposition of the Ministry od Foreign Relations and Corporations and the National Security.
Fist-The Ministry of Foreign Relations and Cooperation together and the National Security are vested with the competent power to dictate the number of dispositions necessary for the effective application of the new, as well as to masking sure the respective visas are granted.
Second-States that the Decree extend without prejudice to special laws, agreements and Conventions subscript to Equatorial Guinea with regards to matters concerning grant of visas.
Conclusion: In conclusion, the above stated is a summary of the newly enacted Decree No.149, 2019, of 2 December also known as the Presidential Decree that regulates stay visas in Equatorial-Guinea. The Decree defines and creates various types of visas, the duration of their conferment as well as prolongation. It also establishes the Ministry of Foreign Relations and Cooperation and the National Security as the organs competent to deal with matters pertaining to the conferment of visas in the country(article 3). Lastly, does it also vest the afore mentioned ministries with the power to withdraw the said visas where the consider it necessary.