Executive Decree No. 010/2000 - Organic Regulation of the Migration and Foreignrs Service

Decree-Law No. 11/99 of July 9 approved the organic statute of the Ministry of Interior, in order to adapt it to the socio-economic transformations underway in the country.

 Agreeing to adjust the organic regulations of the Department of Migration and Foreigners to legal content;

 Under the combined provisions of paragraph e) of Article 112. and paragraph 3 of Article 114., both from the Constitutional Law;

DETERMINE:

ARTICLE 1. - The rules of the organic Migration and Foreigners Service attached to this Executive Order, which forms part thereof.

ARTICLE 2. - All legislation contrary to the provisions of this Executive Decree will be revoked.

ARTICLE 3. - Any doubts and omissions arising in the interpretation and application of this statute shall be resolved by the Minister of the Interior.


CHAPTER I
General Provisions

ARTICLE 1.
(Definition)

The Migration and Foreigners Service, hereinafter referred to SME, is the body of the Ministry of Interior which is responsible for, promoting and coordinating the implementation of measures and actions inherent in transit, entry, stay, residence and exit of people in positions of land border, sea, air and waterways across the country.

ARTICLE 2.
(Allocations)

The Migration and Foreigners Service has the following allocations:
a) Undertake the collection, research and treatment of information from the national migration policy;
b) Ensure services concerning entry, stay, residence and exit of foreign citizens in all national territory.
c) Undertake the control and supervision of the entry of visitors and passengers on ships, aircraft and other entities in accordance with the provisions of the international health regulations and immigration laws.
d) Oversee the operations of embarking and disembarking of passengers, preventing the entry of those who present themselves in an irregular migratory situation at border crossings by land, sea, river and air;
e) Undertake preparatory instruction of the processes of breaches of the legal regime of foreign citizens in national territory;
f) Propose the regulation of specific matters concerning the legal status of foreigners.
g) Control the permanence of foreign citizens and control their activities on national territory;
h) Proceed to the treatment of asylum applications in order to grant refugee status by the Committee for Recognition of the Right of Asylum;
i) Methodologically guide the Angolan Consulates in the interpretation and application of politics and national immigration legislation;
j) Ensure the issuing of national passport as laid down in the law in force;
k) Keep the necessary co-ordination with the entities with competence to assure the fulfillment of the regulatory legislation of the foreign citizens employment;
l) Maintain co-operation relations with the judicial entities;
m) Co-operate with the congenerous institutions of foreign countries; n) Ensure the overcoming of its technical and professional staff;
o) Ensure the necessary and timely support to other agencies operating at the Ministry of Interior;
p) Ensure strict adherence to the principles of partitioning, preservation and secrecy with regard to affairs of state;
q) Execute any other tasks that are superiorly determined.


CHAPTER II
GENERAL ORGANIZATION

SECTION I
BOARD OF DIRECTORS

ARTICLE 3.
(Board of Directors)

1. The Migration and Foreigners Service is directed by a Chef classified as National Director, named by the Minister of Interior to whom competes;
a) Direct, co-ordinate and control the Board of Director's activity;
b) Ensure compliance and discipline staff;
c) Elaborate the report of activities;
d) To ensure and guarantee the relationship of the SME with other bodies of state;
e) Order inspections and investigations or bodies under its authority;
f) Ensure the rational use of human, material and financial resources made available to the body;
g) By ensuring full compliance with existing rules on state secrecy;
h) Exercise disciplinary authority over the staff under current legislation;
i) Dispatching all matters pertaining to specialty, submitting the decision of the Minister of the Interior that you find higher resolution;
j) Ensuring budget implementation, financial and property of the body;
k) Propose to the Minister of the Interior to appoint the holders of senior positions and other personnel;
l) Other tasks entrusted to it from above.

2. The Director of Migration and Foreigners Service is assisted by a Deputy Director, who will replace him in his absence or impediment and be responsible for the areas given to it by the National Director.

SECTION II
ORGANIC STRUCTURE

ARTICLE 4.
(Organizational Structure)

The Organizational Structure of Migration and Foreigners Service includes:
1. Support Advisory Bodies: Advisory Body;

2. Technical Support Bodies:
a) Department of Inspection;
b) Department of Information and Analysis;
c) Legal Advice Department;
d) Human Resources Department.

3. Instrumental Support Bodies:
a) Administrative Division;
b) Command Post;
c) Planning and Finance Department;
d) Communications and Information Technology Department .

4. Central Executive Bodies:
a) Passport Department;
b) Foreigners Department;
c) Borders Department;
d) Inspection Department;
e) Refugee Control Department;
f) Registry Documentation and Archive Department;
g) Air Unit of Luanda;
h) Sea Unit of Luanda;

5. Central Executive Bodies:
Provincial Directorates


CHAPTER III
SPECIAL ORGANIZATION

SECTION I
SUPPORT ADVISORY BODIES:

ARTICLE 5.
(Advisory Council)

1. The Advisory Council which is responsible for issuing opinions, conduct studies on issues related to the duties of the Board, present proposals for improvement and development of services, particularly as regards their management, direction, coordination and control as well as comment on any other matter that the Chef of the body submits to his consideration.

2. The Advisory Council is divided into operating, normal and extended.

3. The Advisory Council will be will be subject to regulation.

SECTION II
TECHNICAL SUPPORT BODIES:

ARTICLE 6.
(Department of Inspection)

1. The Inspection Department is the support body whose mandate is the exercise of supervision and control of the action of the organs of Migration and Foreigners Service, conducting inspections circumscribed to its competences, mainly with regard to compliance with laws, regulations , orders, orders, instructions, directives and any other rules governing the organization and operation, offering superior conveniently measures governing the institution.

2. The Inspection Department is run by a Head of Department and has the following structure:
a) Administrative Bureau;
b) Survey Section, Litigation and Procedure Instruction.

ARTICLE 7.
(Department of Legal Advice)

1. The Legal Department is the body that supports technical and legal issue which is responsible for legal opinions, compile and disseminate information in the field of migration policy issues engaged, bibliography, documentation and different rules, which are essential to the functioning of the Body, with monitoring of competent Bodies of court proceedings in which foreigners are involved, organize and implement actions inherent to the exchange and cooperation between various government bodies and private entities at national, regional and international levels.  

2. The Legal Advisory Department is run by a Head of Department and has the following structure:
a) Legal Bureau;
b) Exchange Section;

ARTICLE 8.
(Department of Human Resources)

1. The Human Resources Department is the body responsible for the study, guiding, control and co-ordination of the activities in the scope of work force, training and professional organization of staff.

2. The Human Resources Department is run by a Head of Department and has the following structure:
a) Training and Selection Section;
b) Personnel Organization and Salary Section;
c) Staff Control Section.

ARTICLE 9.
(Department of Analysis and Information)

1. The Information and Analysis Department is the body which shall undertake the study and analysis of codes and information of interest to the Services, to do the and technical and methodological and rules conception, as well as guiding, coordinating, and controlling the activities of work planning the various Bodies.

2. The Information and Analysis Department is run by a Head of Department and has the following structure:
a) Information and Analysis Section;
b) Statistic Section;
c) Documentation Section.

SECTION III
INSTRUMENTAL SUPPORT BODIES:

ARTICLE 10.
(Administrative Division)

1. The Administrative Division is the support body, which is responsible for direct assistance to the business and its Deputy Director, ensuring the dispatch of correspondence, file organization and provide the audience with the various entities as well as the services of the protocol activities and ceremonies.

2. The Administrative Division is run by a Head of Department and has the following structure:
a) Public Relations and Protocol Section;
b) Expedient Section;

ARTICLE 11.

(Command Post)

1. The Command Post is the body responsible for coordinating and ensuring the internal security activities 2. The Command Post is run by a Head of Department and has the following structure:
a) Internal Security Section;
b) Securing Section;

ARTICLE 12.
(Department of Planning and Finance )

1. The Planning and Finance Department is the body which is responsible for managing, guiding, controlling and implementing the policy of planning and finance, in particular the activities arising from the preparation and budget management as well as to promote the works of maintenance and repair of facilities that are in charge of Migration and Foreigners Service.

2. The Planning and Finance Department is run by a Head of Department and has the following structure:
a) Accounting and Finance Division;
d) Service Division;
c) Patrimony Section.

ARTICLE 13.
(Department of Communications and Information Technology)

1. The Department of Communications and Information Body which is responsible for the administration of computer systems, ensuring business communications and electronic technology necessary to manage the specific activity of Migration and Foreigners Service.

2. The Communications and Information Technology Department is run by a Head of Department and has the following structure:
a) Informatics Division;
d) Communications Division;

SECTION IV
CENTRAL EXECUTIVE BODIES:

ARTICLE 14.
(Department of Passports)

1. The Passport Office is the organ which is responsible for the coordination of the registry and control of the issuance, extension and endorsement of passports.

2. The Passport Department is run by a Head of Department and has the following structure:
a) Opinions and Analysis Division;
d) Issuance Division;

ARTICLE 15.
(Department of Foreigners)

1. The Foreigners Department is the body which is responsible for registering, monitoring and approval of entry and residence visas of foreigners in national territory.

2. The Foreigners Department is run by a Head of Department and has the following structure:
a) Administrative Division;
b) Residence Permit Visa Division;
c) Work Visa Division.

ARTICLE 16.
(Department of Borders)

1. The Department of Border is the body which is responsible for coordinating and implementing the mechanisms of executive migration policy over the border crossings by land, air, river and sea, to ensure the prohibition of entry and exit of foreign and national.

2. The Department of Borders is run by a Head of Department and has the following structure:
a) Borders Division;
b) Air Border Section;
c) Sea and River Border Section;
d)Terrestrial Border Section.  

ARTICLE 17.
(Inspection Department)

1. The Inspection Department and the Body which shall review the legality of stay of foreign citizens on national territory, to investigate the occurrences and irregularities that are involved and collect data on police and criminal history of aliens and to implement the decisions of expulsion pronounced by courts or by the Office of Migration and Foreigners.

2. The Inspection Department is run by a Head of Department and has the following structure:
a) Procedure Instruction Division;
b) Investigation and Inspection Division;
c) Technical Division.

ARTICLE 18.
(Department of Registry Documentation and Archive)

1. The Department of Documentation Registry and Archive is the body which shall ensure the recording of biographical and foreign nationals in their file, save the individual process, receive and monitor the movement of migratory and administrative documentation that comes and goes out of the Migration and Foreigners Service.

2. The Department of Documentation Registry and Archive is run by a Head of Department and has the following structure:
a) Migratory Expedient Division;
b) Nationals Registry and Criminal Records Division;
c) Foreigners Registry Division.  

ARTICLE 19.
(Department of Refugee Control)

1. The Department of Refugee Control of is the body which is responsible for registering, monitoring and evaluation of asylum seekers and remit the processes for granting refugee status by the Committee for Recognition of the Right of Asylum.

2. The Department of Refugee Control is run by a Head of Department and has the following structure:
a)Diligence and Localization Section;
b)Statistics Section.

ARTICLE 20.
(Air Unit of Luanda)

1. Air Unit in Luanda and the organ which is responsible to register and control the entry and exit of passengers and crew over the air border post, the international airport "4 Fevereiro" and its dependencies, ensure the control of movement of foreign aircraft as well as ensure the orderly movement of nationals and foreigners in the border post, exercising control in accordance with the standards established for that purpose.

2. The Air Unit of the International Airport "4 Fevereiro" is run by a Head of Department and has the following structure:
a) Information and Analysis Section;
b) Administrative Section;
c) Communications and Information Technology Division;
d) Home Terminal Sub-Unit;
e) Air Military Terminal Sub-Unit;
f) SAL (Sociedade de Aviação Ligeira) Sub-Unit;  

ARTICLE 21.
(Air Unit of Luanda)

1. Sea Unit in Luanda and the organ which is responsible to register and control the entry and exit of passengers and crew over the sea border post, the commercial port "4 Fevereiro" and its dependencies, ensure the control of movement of foreign aircraft as well as ensure the orderly movement of nationals and foreigners in the border post, exercising control in accordance with the standards established for that purpose.

2. The Sea Unit of of Angola is run by a Head of Department and has the following structure:
a) Information and Analysis Section;
b) Administrative Section;
c) Sea Movement Section;
d) Fishing Port Sub-Unit;
e) Luanda Island Sub-Unit

SECTION V
LOCAL EXECUTIVE BODIES:

ARTICLE 22.
(Provincial Directorates)

1. The Provincial Directorates are execution bodies, on a Provincial level,of the technical and methodological guidance of the national migration policy emanating from the Foreign and Migration Services.

2. The Provincial Directorates are headed by a Chief with the rank of Provincial Director, appointed by the Interior Minister on a proposal of the Chief of the SME.


CHAPTER IV
FINAL PROVISIONS

ARTICLE 23.
(Discipline)

1. The military and militarized personnel on secondment at the Department of Migration and Foreigners, be subject to applicable legalization.

2. Civilian staff is subject to discipline and legalization in force in the civil service, unless otherwise specified.

ARTICLE 24.
(Personnel)

1. The organization and staffing of the Migration and Foreigners Service are contained in the maps annexed hereto, made part. The provisioning in the existing or new positions will be conducted in accordance with the organic statute of the Ministry of Interior and in accordance with the Careers.

ARTICLE 25.
(Validity)

The present regulation will immediately enter into force after its approval.

 

The Migration and Foreigners Service in Luanda, 16 May 2000.

 

ATTACHMENTS

Flowchart with respect to point 1 of article 26 of the above

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     Office Staff referred in article 23 of the above organic regulation

 

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ARTICLE 4 - The following statute will immediately enter
into force.
This Regulation shall be published.
Luanda 1 6 MAY 2000.

The Minister

Fernando Piedade Dias dos Santos "Nando"


     Director of the Migration and Foreigners Service

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      Human Resouces Department

 

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     Command Post Division

 

 

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     Departament of Inspection

 

 

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    Department of Legal Advice

 

 

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    Department of Registry Documentation and Archive

 

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