Order 003: Control of Aldurian Borders, Ports and Airports

[Alduria]

Transitional Government of the Republic of Alduria
ORDER 003

Pursuant to my authority as President of the Republic of Alduria, and the provisions of the Constitution of Alduria, I hereby promulgate the following:

RECOGNIZING that it is desirable to establish a uniform and normal transit and movement of people and goods in and out of Alduria;
 
ACKNOWLEDGING that effective export and border controls are essential to prevent the subversion of the national sovereignty;
 
SECTION I. Definitions.

1. “Authorized officer” means any Aldurian official designated by the Government of Alduria, the Department of State, the Department of Interior, or the Department of Defense to perform border control, customs, immigration, consular or quarantine services. For purposes of issuance and revocation of travel documents (including permits) only, authorized officers means a properly and lawfully designated travel document issuing authority.
   
2. “Goods” means any commodity, substance, organism, article, document, data or thing, whether manufactured or natural, including any Controlled Item that may be moved across the borders of Alduria. “Goods” does not include human bodies, cadavers or human remains.
   
3. “Member of a crew” means a person, including a master, who is employed on a vehicle to perform duties during a voyage or trip related to the operation of the vehicle or the provision of services to passengers.
   
4. “Controlled Item” means any item contained in the control lists of Aldurian law and regulations or any other documents, systems, components, materials, software or technology that may be intended to contribute to the acquisition, manufacture, development, research or transfer of Controlled Items. “Technology” includes information necessary for the design, development, production, or use of a controlled commodity or software.
   
5. “Terrorism” means the use or threatened use of unlawful violence against civilians, noncombatants, or other innocents, calculated to cause fear or to coerce or intimidate governments or societies, and motivated by political, religious, or ideological goals.
   
6. “Terrorist Organization” means an organization whose objective is to support or commit acts of terrorism, directly or indirectly, physically or financially.
   
7. “Transportation Company” is any corporation, enterprise or other entity transporting persons and/or goods to and from Alduria.
   
8. “Travel Documents” means documents required by the Government of Alduria, Department of Interior or Department of State for entry into and exit from Alduria. These may include:
   
   1. An Aldurian passport valid on its face or which has had its validity extended consistent with this Order and the laws of Alduria;
      
   2. An Aldurian Interim Travel Document (ITD);
      
   3. A document or documents proving Aldurian nationality (including an Aldurian Nationality Card) issued for the purposes of return to Alduria;
      
   4. A travel permit issued by an authorized officer as defined by this Order or the laws of Alduria;
      
   5. A document issued by a foreign government or an international organization, such as the Micras Treaty Organization (MTO) identifying the person as a refugee from Alduria, Alexandria, Caputia, or the Wechua Nation; and
      
   6. Passports of any country, government issued identification cards, military identification, government issued travel orders for military personnel, and MTO issued travel documentations.
      
9. “Travel permit” means a permit to enter and includes visa, entry stamp or entry card.
   
10. “Vehicle” means any conveyance by land, water or air.
    

 
SECTION II. Right to Exit.

1. Subject to compliance with Aldurian law and with border control procedures established by the Government of Alduria or Department of Interior, all persons may exit from Alduria, provided they are in possession of travel documents and are not subject to any travel restrictions under applicable law, including this Order.
   
2. The following persons shall require special clearance from the Secretary of Interior to exit Alduria and may be prevented from exiting at the discretion of the Secretary of Interior:
   
   1. Persons suspected of having committed serious crimes;
      
   2. Persons who are known or suspected to have links to a terrorist or criminal organization or who are suspected to have committed or to have provided financial, material, or technological support for criminal acts or terrorist acts.
      

 
SECTION III. Examinations for Entry.

1. A person seeking entry to Alduria shall appear before an authorized officer at a port of entry, border control station or at such other place as may be designated by the Department of Interior for examination to determine whether the person may be granted entry to Alduria.
   
2. A person appearing for examination shall answer truthfully all questions and shall produce such documentation as may be required for establishing whether the person may be granted entry.
   
3. A person may be detained for up to forty-eight hours for further examination upon entry and/or pending arrangements for his or her return based on established procedures, or his or her withdrawal of the request to enter Alduria.
   

 
SECTION IV. Permits to Enter Alduria.

1. Persons seeking entry to Alduria are to be classified as either persons who require permits granting entry into Alduria (hereinafter “permits”) or persons who do not require such permits.
   
2. Authorized officers shall issue permits, in accordance with this Order, or in accordance with any direction from the Department of Interior, in consultation with the Department of State, and in accordance with applicable law.
   
3. Persons not requiring permits to enter Alduria are still those persons not otherwise denied permits under this Order who are:
   
   1. Citizens of Alduria or persons who were born in Alduria;
      
   2. Micras Treaty Organization officials or any officials from MTO-related organizations, for purposes relating to their work in the Micras Treaty Organization;
      
   3. Documented members of seagoing ships’ companies during the stay of a ship in Aldurian waters; and
      
   4. Documented members of airline companies during the stay of the aircraft in Aldurian territory.
      
4. The Department of Interior or Department of State may issue permits for a variety of purposes, including but not limited to business, tourism, students, temporary visitors, residence and foreign liaison (diplomatic). The Department of Interior, in consultation with the Department of State, shall issue directions relating to the number, duration and other conditions pertaining to the issuance of designated classes of permits.
   
5. Permits may be issued from the Government of Alduria, any Aldurian mission or embassy that has reopened and has been authorized to do so by the Department of State, and Department of Interior offices established or authorized for this purpose within Alduria and at authorized ports of entry.
   

 
SECTION V. Powers of an Authorized Officer.

1. A designated travel document issuing authority who receives an application for a permit shall either approve or refuse the application, and shall notify the applicant of the decision. At any time after an application for a permit is approved, the authorized officer may:
   
   1. Alter or revoke any terms and conditions subject to which the person was granted entry;
      
   2. Add terms and conditions as prescribed or authorized by the present Order and other Government of Alduria Regulations, Orders, or Memoranda; and/or
      
   3. Extend the permit.
      
2. Subject to the present Order, a visitor seeking an extension of a permit shall appear before an authorized officer for examination to determine whether the visitor may be granted an extension of a permit at such place as may be designated by the Department of Interior.
   
3. A visitor appearing for examination shall answer truthfully all questions and shall produce such other documentation as may be required for the purpose of establishing whether the visitor may be granted an extension of a permit.
   

 
SECTION VI. Persons Who May be Denied Entry to Alduria.

1. An authorized officer who receives an application for a permit may refuse the application if the authorized officer has reasonable grounds to believe that the applicant:
   
   1. knowingly provided any false, misleading, or inaccurate information in the course of the application process;
      
   2. is suffering from any serious communicable disease, or is suffering from any disorder, disability or other health impairment for which commercial health services are not readily available in Alduria;
      
   3. will be unable or unwilling to support herself or himself, and those persons who are dependent on the applicant;
      
   4. is or was a member of a criminal organization;
      
   5. will commit offenses, or engage in criminal activity planned and organized by persons acting in concert with or in furtherance of the commission of any offense;
      
   6. will engage in or has engaged in an act of terrorism, or is a member of a terrorist organization or an organization that there are reasonable grounds to believe will engage in acts which are offensive to the principles of democratic government, institutions or processes in Alduria; or engage in or instigate the removal by force of any government;
      
   7. will engage in acts of violence that may endanger the lives or safety of persons in Alduria, or who is a member of an organization that engages in such acts;
      
   8. has previously been deported from Alduria, or an international territory with formal border controls.
      
2. In the case of a person who is in possession of a valid travel document, or who can otherwise establish Aldurian nationality, his or her entry into Alduria shall not be denied. However, if security or military necessity requires, then such a person may be detained upon entry into Alduria.
   
3. A person denied entry under this Order may appeal to the Secretary of Interior for a review of the case. The determination of the Secretary of Interior will be final.
   

 
SECTION VII. Notice to Depart.

1. Where an authorized officer, upon examination of a person, is of the opinion that it would be contrary to the present Order to grant entry to the person, or to extend the permit of a person, the authorized officer may:
   
   1. allow that person to leave Alduria immediately; or
      
   2. serve that person with a Notice to Depart (hereinafter "Notice") within a specified period.
      
2. A Notice must specify:
   
   1. that the person must depart Alduria within a specified period;
      
   2. the reasons why the Notice is being served;
      
   3. that the person may object to the Notice in writing to the Department of Interior within a specified time, or give reasons why the Notice should not remain in force; and
      
   4. that timely compliance will not have adverse consequences for the return of a person who otherwise complies with entry requirements.
      
3. Where the Secretary of Interior receives written objections from a person under this Order, the Secretary of Interior shall:
   
   1. consider such written objections promptly;
      
   2. promptly determine the fair and lawful resolution of the matter, and
      
   3. advise the person in writing of the decision.
      

 
SECTION VIII. Revocation of a Permit.

1. A designated travel document issuing authority may revoke a person's permit if:
   
   1. the circumstances that formed the basis of the approval of the person's application for the permit have substantially changed;
      
   2. the person breaches a prescribed term of the permit, or another person required to comply with a condition of the permit has not met that condition;
      
   3. the presence of the person in Alduria is, or would be, a risk to the health, safety or good order of the Aldurian community; or
      
   4. the permit should not have been granted because the application for the permit was in contravention of the present Order or other applicable law.
      

 
SECTION VIII. Identification and Seizure of Documents.

1. Persons shall comply with the instructions of an authorized officer regarding their identification, if they:
   
   1. seek entry into Alduria,
      
   2. make an application for the renewal of a permit,
      
   3. have been arrested, or
      
   4. are subject to deportation under this Order.
      
2. For the purpose of identification, an authorized officer may in accordance with this Order and the laws of Alduria as follows:
   
   1. search persons who the authorized officer believes either have not revealed their identity or have hidden on or about their person documents that are relevant to a decision as to whether they may be granted permission to enter Alduria, and may search any vehicle that conveyed the persons to Alduria and their luggage and personal effects;
      
   2. search persons who the authorized officer reasonably believes have committed an offense or are in possession of objects or documents that may be used in the commission of an offense, and may search any vehicle that conveyed the person to Alduria, their luggage and personal effects;
      
   3. examine any travel document or any other document purporting to be a travel document at a port of entry or any other place in Alduria, for the purpose of this Order or relevant directives, examine any object that is, or is about to be, imported into or exported from Alduria.
      
3. An authorized officer may confiscate at a port of entry or any other place in Alduria any object or document if the authorized officer reasonably deems this necessary for the discharge of the functions of the officer under this Order.
   
4. An authorized officer may confiscate any object or document if the officer reasonably believes that it has been fraudulently or improperly obtained or used, or that such action is necessary to prevent its fraudulent or improper use.
   
5. An authorized officer shall provide a written receipt to any person from whom he or she confiscates an object or document under this Order, and shall provide the person with a written notice setting out the procedures for review pursuant to this Order.
   

 
SECTION IX. Search of a Person.

1. An authorized officer may, without a warrant, search a person who seeks entry to Alduria.
   
2. The search of a person must be made by an authorized officer pursuant to the present Order and must be made on reasonable grounds.
   
3. No person shall be searched by a person who is not of the same sex, and if there is no officer of the same sex at the place at which the search is to take place, an authorized officer may request that another border control or customs employee of the same sex perform the search, when necessary to comply with this provision.
   

SECTION X. Search and Seizure of Goods.

1. An authorized officer may, without a warrant, search the vehicle, luggage or personal effects of any person who seeks entry into Alduria.
   
2. Persons crossing the borders of Alduria must make declarations or manifests of all goods being transported by the person available to an authorized officer on request.
   
3. An authorized officer shall confiscate any goods that may pose a threat to the peace, security, health, environment, or good order of Alduria, including Controlled Items. Authorized officers also shall confiscate any items suspected of being illegally exported under the laws of Alduria.
   
4. Goods that are not declared may be confiscated by an authorized officer. Persons may also be ordered to return such goods, at their expense, to the jurisdiction from which they came.
   
5. Any goods confiscated must be immediately handed over to the Department of Interior. A receipt must be issued to the person from whom the goods are confiscated and the person must be provided with written notice setting forth the procedures for review pursuant to this Order and the laws of Alduria.
   

 
SECTION XI. Review.

1. A person who is adversely affected by a decision of an authorized officer made pursuant this Order may apply in writing to the Secretary of Interior or in person at the Department of Interior offices at border points of entry for a review of the decision by the Secretary of Interior for decisions made in respect of applications for travel permits lodged within Alduria, or in writing to the Department of State for review of any adverse decisions made in respect of applications for travel permits lodged outside of Alduria. Within seven (7) days of receipt of the application, the Secretary of Interior or the Secretary of State, as appropriate, shall review the decision and notify the applicant of the determination in writing at the last provided address of the applicant.
   
2. A person whose goods have been confiscated may apply in writing, with a copy of the confiscation receipt attached, to the Secretary of Interior for a review of the decision. Within seven days of receipt of the application, the Secretary of Interior shall review the decision and notify the applicant of the determination in writing at the last provided address of the applicant.
   
3. The Secretary of Interior and Secretary of State may issue Administrative Instructions in connection with such reviews.
   

 
SECTION XI. Collection of Fees.
The Department of Interior, in coordination with the Department of State, may establish fees for services provided under this Order. Under procedures established by the Department of Finance and Commerce, the Departments of Interior and State may retain part or all of the fees to be utilized for the modernization of Alduria’s border control system.

SIGNED,

Alejandro Campos
President of the Republic

[Natalia Cotilla]

Countersigned,

Natalia Cotilla
Prime Minister