Burma: Registration of Foreigners Rules, 1948

1. Short title

(1)  These rules may be called the Registration of Foreigners Rules 1948.

(2)  They shall come into force on 4th January 1949.

2. Definitions

In these rules unless there is anything repugnant in the subject or context:

(a)  "Act" means the Registration of Foreigners Act:

(b)  "Certificate of Registration" means a Certificate of Registration issued in pursuance of Rule 6.

(c)  "district" means a civil administrative district; and for the purpose of these rules, each of the following shall be deemed to be a district:

(i)         All that area failing within the jurisdiction of the Resident, Northern Shan States;

(ii)        All that area falling within the jurisdiction of the Resident, Southern Shan States;

(iii)       The Karenni State;

(iv)       The Northern Chin Hills District;

(v)        The Southern Chin Hills District;

(vi)       The Bhamo District (the Kachin State);

(vii)      The Myitkyina District (the Kachin State);

(d)  "Form" means one of the forms appended to these rules;

(e)  "master of the vessel" includes the commander of an aircraft and any person authorized by such master or commander to discharge on his behalf any of the duties imposed upon him by these rules;

(f)   "passenger" means any person travelling or seeking to travel on board a vessel who is not a bona fide seaman or airman;

(g)  "registered address" means a foreigner's address in Burma as reported under Rule 5 and recorded in item 18 of his Certificate of Registration;

(h)  "Registration Officer" means a Registration Officer appointed by the President under the provisions of Rule 3 of these rules,

(i)   "residence" means ordinary dwelling place in Burma;

(j)   "seaman" means a person employed on or engaged in the working of, a vessel;

(k)  "tourist" means a foreigner having no residence or occupation in Burma whose stay in Burma does not exceed three months who has no other object in visiting Burma than recreation or sight-seeing and whose Certificate of Registration has been endorsed "Tourist" in accordance with the provisions of Rule 7

(l)   "vessel", for the purpose or these rules, shall include an aircraft.

3. Registration Officers

The President may appoint Registration Officers for the purpose of these rules for such areas as he thinks fit.

4. Passengers on vessels to report arrival in Burma

Every passenger who arrives in Burma on board any vessel shall, on being required so to do by, or on behalf of, the master of the vessel, furnish true particulars as his name and nationality and, it he is a foreigner, his age, sex, place of birth and address or intended address in Burma, the purpose of his visit and the proposed length of his stay in Burma, and such other particulars as may be prescribed in this behalf.

5. Report by foreigner of his address in Burma, etc.

(1)  Every foreigner entering, or being present in, Burma shall report in person to the appropriate Registration Officer prescribed by Rule 6 the fact of his arrival or presence as the case may be, in Burma.

(2)  He shall also furnish a true statement of his address in Burma and of the other particulars specified in items 2 to 18 of Form A and, in the case of a foreigner entering Burma, such of the particulars specified in items 19 to 22 thereof as may be appropriate lie shall also, at (he same time, furnish to the Registration Officer, three copies of a passport size photograph .of himself. Purdahnashin women shall not be required to furnish photographs.

(3)  For the purposes of sub-rule (2)         a foreigner's address in Burma shall be

(a)        the place of his residence, or

(b)        if he has no residence, the place at which he is living at the time of making his registration report, or at which he first intends to live after his arrival in Burma.

6. Procedure for Registration

(1)  The report referred to in sub-rule 5 (1) shall be made

(a)        by a foreigner who is present in Burma on the date of commencement of these rules, within three hundred and one days of the said date, to the Registration Officer of the district in which his address in Burma is situated, or, if on the said date and for a period of three hundred days thereafter the foreigner is absent from, that district, to the Registration Officer of the district in which the foreigner is for the time being present;

(b)        by a foreigner who enters Burma on Board a vessel at such time and place and to such authority as may be specified for the purpose by general or special direction of the Registration Officer of the port or other place of arrival;

(c)        by a foreigner who enters Burma by land, within seventy. two hours of his arrival at the first land-station in Burma to such authority as may be specified for the purpose by the Registration Officer in those jurisdiction the said land station falls the purpose of satisfying the said officer as to the accuracy of the particulars specified therein.

The Registration Officer shell thereafter cause Form A in triplicate to be filled in respect of the foreigner making the report. Each copy of Form A shall have affixed to it in such a way as to obviate the possibility of its removal and the substitution of another, a photograph of the person making the report duly authenticated by the Registration Officer and shall also have affixed to it, a genuine signature of the said person, or in the case of an illiterate, a clear thumb impression in triplicate. The foreigner shall thereupon be entitled to receive from the said Registration Officer a Certificate of Registration in Part III of Form A:

Provided that, any case in which a report is made by a foreigner who enters Burma on board any vessel to the Registration Officer of the port or other place of arrival and the foreigner's address in Burma is not within the jurisdiction of that Registration Officer, a temporary certificate in Form B shall be issued and the said foreigner shall thereafter comply with the conditions set out in Form B:

Provided also that, if a foreigner, who enters Burma during the period of validity of his Certificate of Registration, reports his reentry to the Registration Officer of the district concerned within thirty days from the date of such re-entry, the said foreigner may be granted his old Certificate of Registration duly re-validated or he may re-register as required by Rule 5 (1).

(3)  If in pursuance of clause (a) of sub-rule (1), a foreigner makes a report to the Registration Officer of a district other than the district of his registered address, then for so long as the said foreigner does not return to the district of his registered address, that Registration Officer shall, for the purposes of Rules 10,11 and 12, be deemed to be the Registration Officer of the district in which his registered address is situated.

(4)  A foreigner who is classified under Rule 7 (1) by the Registration Officer as a tourist will be required to furnish only those particulars required under items 2, 16. 17, 19, 20, 21 and 23 of Form A. He is also exempted from the liability to furnish photographs of himself.

(5) 

(a)        The names of children below the age of 18 years shall be entered in the Certificates of Registration of their parents and in the absence of their parents their names should be entered in the Certificates of Registration of their guardians and in addition Certificates of Identity in Form AA shall be issued to children above the age of 12 and below the age of 18 years. They shall, however, apply for separate Certificates of Registration within thirty days of their 18th birthday and Certificates of Identity in form AA within 30 days of their 12th birthday.

(b)        Children below the age of 18 years who have neither parents nor guardians will be issued with Certificates of Registration free of fees, but on attaining the age of 18 years they shall apply for Certificates of Registration on payment of the prescribed

(6)  Every foreigner who registered himself prior to 1st October 1956 shall be deemed to have registered in accordance with the provisions or this sub-rule and every such foreigner who is above the age of 18 years shall renew his Certificate of Registration on or after the 1st October 1956, within thirty days from the date on which his Certificate of Registration would cease to be valid had the provisions of sub-rules (2) (a) and (b) of Rule 7 regarding the annual renewal of Certificates of Registration been in force prior to the 1st October 1956.

7. Period of validity of Certificates of Registration

(1)  if the Registration Officer is satisfied that any foreigner entering Burma a is a bona de tourist, he will endorse on the Certificate of Registration the word "Tourist" together with the date on which the said certificate shall expire.

Where a tourist enters Burma on the authority of a visa issue to him under the Burma Passport Rules, 1948 or of a temporary immigration permit under the Burma Immigration (Emergency Provisions) Act, 1947, this date shall be the date of expiry of the visa or immigration permit.

(2) 

(a)        The Certificate of Registration issued in respect of any foreigner shall be valid for a period of one year from the date of registration.

(b)Every foreigner shall renew his Certificate of Registration annually. The annual renewal shall be made within thirty days from the date on which the Certificate of Registration would cease to be valid.

(3)  Any tourist who is in Burma after the date to the expiry of his Certificate of Registration shall cease to be a tourist within the meaning of these rules.

8. Production of proof of identity

(1)  Every foreigner entering Burma shall, on demand being made of him by the Registration Officer deliver his passport or other proof of identity to that officer and shall thereafter attend at such time and place as the Registration Officer may direct or the purpose of receiving back his passport or other proof of identity.

(2)  Where in pursuance of sub-rule (1) a foreigner surrenders his passport or other proof of identity he shall be entitled to receive a receipt for it from the Registration Officer.

9. Production Certificate of Registration

Every foreigner who is by these rules required to have a Certificate of Registration or Certificate of Identity shall, within twenty-four hours of demand being made of him by any Registration Officer, any Magistrate or any Police Officer or Officer of the immigration Department not below the rank of Sub-Inspector produce or caused to be produced such certificate for the inspection of such Registration Officer, Magistrate or Police Officer or Officer of the Immigration Department:

Provided that the Registration Officer Magistrate or Police Officer or officer of the Immigration Department may, on sufficient cause being shown, extend the aforesaid period of twenty-four hours to such period as, in the circumstances, may be reasonably necessary for the production of the said certificate.

10. Report of temporary absence from registered address

(1)  If at any time a foreigner is absent from his registered address for a continuous period of one month, he shall report to the Registration Officer of the district in which he happens to be residing temporarily, his current address. He shall also thereafter report every change of address to the Registration Officer of the district in which each new address is situated, including his return to his registered address.

(2)  Any Registration Officer may either at the time of issue of the Registration Certificate, or at any subsequent time require any of foreigner to report every temporary change of address exceeding twenty-four hours to the Registration Officer of the district in which his temporary address is situated. Such a direction shall be made in writing and its receipt shall be acknowledged in writing by the foreigner concerned.

11. Report of change registered address

(1)  Every foreigner who effects any change of his address in Burma shall, within thirty days of his arrival in the new address, report his arrival to the Registration Officer of the district new address, This report may be made by letter.

(2)  A foreigner shall be deemed to change his registered address

(a)        if he changes his residence from one place to another place in Burma;

(b)        if having sonridence, he leaves his registered address knowing that he is not likely thereafter to return hereto within six months of leaving it.

12. Report of change other than of address

Without prejudice to the provisions of Rules 10 and 11 every foreigner shall furnish to the Registration Officer of the district in which his registered address is situated particulars of any circumstance affecting in any manner the accuracy of the particulars recorded in his Certificate of Registration within thirty days after the circumstance has occurred and generally shall apply to the Registration Officer all such information as may be necessary for maintaining the accuracy of that certificate. This may be done by letter.

13.

Except in regard to tourists who are directed under Rule 10 (2) to report all temporary changes of address exceeding twenty-four hours, nothing in Rules 10, 11 and 12 shall apply to any tourist for so long as the period of validity of his Certificate of Registration has not expired.

14. Report to be made to and by hotel keepers

(1)  Every Keeper of a hotel shall require every visitor to the hotel to record legibly, or furnish the particulars necessary for recording, and sign on his arrival at the hotel, his name and nationality in a register maintained for the purpose and, if any such visitor is a foreigner, shall further require him

(a)        on his arrival at such hotel to complete, or furnish the Particulars necessary for the completion of Form C; and

(b)        at the time or his departure from such hotel, record or furnish the particulars necessary for recording in the said register the date in time of his departure and the address to which he proceeding.

(2)  The register prescribed by sub-rule (I) shall it all times be made available for inspection on the demand of any Registration Officer, any Magistrate or any Police Officer or officer of the Immigration Department not below the rank of Sub-Inspector.

(3)  Every visitor to any hotel shall, on being required so to do by the keeper of the hotel, record legibly or furnish the, particulars necessary for recording, and sign his name and nationality, in the register prescribed by sub-rule (1)  and, if such visitor is a foreigner, shall also

(a)        on his arrival at such hotel complete or furnish the particulars required for the completion of Form C;

(b)        it the time of his departure from such hotel, record or furnish the particulars necessary for recording in the said register the date and time of his departure and the address to which lie is proceeding.

(4)  Every particular other than the signature of the keeper or a hotel or a visitor, which is required by this rule to be recorded in the said register in Form C; shall be recorded in Burmese or English.

(5)  If a visitor does not understand the Burmese or English language, it shall be the duty of the hotel, if so requested, to explain to the visitor the requirements of this rule and Form C

(6)  The keeper of the hotel shall, as soon as may be, but not later than twenty-four hours after the arrival of any foreigner, transmit a copy of Form C to the Registration Officer.

(7)  For the purposes of this rule

(a)        "hotel" includes and boarding-house, club, dak-bungalow, rest-house, or premises of like nature;

(b)        "keeper of a hotel means the person having the management of a hotel and includes any person authorized by him, and competent, to perform the duties of the keeper of the hotel under this rule;

(c)        "sign" includes in respect of a visitor who is unable to write, the making of a thumb impression;

(d)        "visitor" means a person for whom accommodation is Provided at a hotel.

(8)  Copies of Form C may be obtained on application from any Registration Officer.

15. Surrender of Certificate of Registration on departure

(1)  Every foreigner who is about to depart from Burma shall produce his certificate of Registration before the Registration Officer of the district from which he proposes to leave Burma and such Registration Officer shall make, sign and seal on the said certificate an endorsement to the effect that the said report has been duly mape. The Registration Officer shall then retain the certificate and shall provide the foreigner with a temporary certificate station that the foreigner has surrendered his Registration Certificate as he is about to leave Burma and specifying the period for which the temporary certificate is valid. If for any reason, the foreigner is unable to leave Burma within the period of validity of the temporary certificate, he shall report to the Registration Officer giving full reason, and the period of validity may thereupon be extended by the Registration Officer;

Always provided that the stay of the foreigner in Burma during the period specified in the temporary certificate, including any extension, is authorized by the Immigration or Passport Regulations.

(2)  No such temporary certificate shall be valid for more than thirty days in all, whatever the circumstances, and a foreigner, who is unable to league Burma during the period of validity of the temporary certificate shall, within seventy-two hours of the expirp of the period of validity of the said temporary certificate, surrender the same to the issuing Registration Officer and the said foreigner shall thereupon be entitled to receive back his old Certificate of Registration with an endorsement that he does not leave Burma.

(3)  The temporary certificate shall serve as a registration certificate for the district of issue only and for the period of its validity or until the foreigner's departure, whichever is earlier.

(4)  The temporary certificate shall be surrendered

(a)        when the foreigner leaves Burma on board a vessel, to the master of the vessel;

(b)        when the foreigner leaves Burma by land, to the Police or Immigration outpost in Burma.

(5)  For the purpose of the rule Minfaladon Airport shall be regarded as falling within both the Rangoon and the Insein Districts.

(6)  Every passenger other than a passenger for whom a berth has been engaged by or on behalf of Government who is due to depart from Burma on board and vessel shall furnish in writing to the Registration Officer concerned a true statement of the particulars set out in items 1, 2 and 10 and, if he is a foreigner, also items 3 to 9 of Form D.

Copies of Form D may be obtained on application from any Registration Officer and must be completed before him.

16. Obligation of masters of vessels, etc.

(1)  The master of any vessel arriving at or leaving any place in Burma shall-

(a)        before any passenger disembarks or embarks. supply to the Registration Officer of the place of arrival in, or departure from Burma a schedule of passenger in Form E or Form F as the case may be;

(b)        require every foreign passenger who is about to disembark in Burma to furnish the particulars required for the completion of items 2 to 18 of Form A and such of the particulars specified in items 19 to 22 as may be appropriate and direct him to attend at such place and time as may be specified by the Registration Officer for the purpose of giving him the direction prescribed by clause(b) of sub-rule(1) of Rule 6;

(c)        it so requested by the Registration Officer require any foreign passenger shout to depart from Burma to surrender his Certificate of Registration, and deliver such certificate together with the schedule in form F to the Registration Officer;

(d)        furnish to the Registration Officer on arrival at the said place a true statement in writing showing the name and nationality of every seaman employed on such vessels and at the time of departing from such place take such steps as the Registration Officer may specify to ascertain whether or not any such seaman aforesaid who is a foreigner is about to depart on board such vessel; and

(e)        generally render to the Registration Officer such assistance as he may reasonably require for carrying out the purpose of the Act and these rules.

(2)  Every particular, other than the signature of a foreign passenger which is required by this rule to be recorded in form A, shall be recorded in Burmese or English.

(3)  If a foreign passenger does not understand the Burmese or English language, it shall be the duty of the master of the vessel, it so requested, to explain to the foreign passenger the requirements of this rule and Form A.

(4)  The person having the management of any vessel, shall

(a)        require and person who intends to embark on that vessel for the purpose of leaving Burma to produce. in writing a true statement of the particulars set out in items 1, 2 and 10 and, if he is a foreigners also items 3 to 9, of Form D;

(b)        cause duly completed Form D to be delivered together with the schedule in Form F to the Registration Officer of the place of departure;

(c)        take steps to ensure that no foreigner embarks until authorized so to do by the Registration Officer.

(5)  Form D, E and F shall be completed in the Burmese or English language.

17. Fees

(1)  There shall be paid for each Certificate of Registration initially issued or for annual renewal of a Certificate of Registration a fee of K 50.

(2) 

(a)        If any Certificate of Registration issued under these rules is lost or totally Jest destroyed, the foreigner to whom it was issued shall make to the Registration Officer of the district in which the loss or total destruction has occurred within seventy-two hours a report of the circumstances in which is was lost or totally destroyed. The Registration Officer to whom the report is made shall it he is satisfied as to the or total destruction, issue the foreigner with a temporary permit pending the issue of duplicate copy of the Certificate of Registration.

(b)        The foreigner shall also submit within seventy-two hours of the lost or total destruction, an application in writing, accompanied by three copies of passport size photograph of himself, for the issue of a duplicate copy of the Certificate of the Registration to the Registration Officer of the district in which his registered address is situated. When the lost or total destruction has occurred in a district other than the district in which his registered address is situated, the application, shall be submitted through the Registration Officer of that district.

(c)        A fee of K 50 shall be paid for each duplicate copy of Certificate of Registration issued in lieu of the one which is lost or totally destroyed.

(d)        A fee of K 30 shall be paid for each re-validation made under the second provision to Rules 6.

(e)        A fee of K 10 shall be paid for each duplicate copy of a Certificate of Registration issued in lieu of the one which has become soiled or worn out.

18.

No Person shall

(1)  forge or alter or temper with any entry, endorsement, photograph, signature or seal on a Certificate of Registration, or without lawful authority use or have in his possession any such forged, altered or irregular Certificate of Registration; or

(2)  No such temporary certificate shall be valid for more than thirty days in all, whatever the circumstances, and a foreigner, who is unable to leave Burma during the period of validity of the temporary certificate shall, within seventy-two hours of the expiry of the period of validity of the said temporary certificate, surrender the same to the issuing Registration Officer and the said foreigner shall thereupon be entitled to receive back his old Certificate of Registration with an endorsement that he does not leave Burma.

(3)  personate or falsely represent himself to be or not to be a person to whom a Certificate of Registration has been issued, or with intent to obtain a Certificate of Registration knowingly make any false statement; or

(4)  allow any other person to have possession of any Certificate of Registration issued for his own use or for the use of some other person or without lawful authority have in his possession any such Certificate issued for tire use of some person other than himself; or

(5)  make or cause to be made any false statement or representation in pursuance of these rules; or

(6)  obstruct or impede any person in the exercise of his powers or in the discharge of his duties under these rules.