Number S.O.3223(E) dated 26/9/2017

Dated 26th September, 2017 | Copy of | External Affairs Notification Sl.25 | 

Whereas, the security situation in Yemen continues to be fragile with armed hostilities continuing in parts of the country and Yemen remains vulnerable from the security point of view;

And whereas, in view of the precarious security situation in Yemen, the Government of India issued various travel Advisories wherein Indian nationals have been strongly advised to avoid travelling to that country under any circumstances, by any mode of travel, including air, land or sea for any purpose till further notice;

And whereas, despite the existing travel advisories, some Indian nationals have continued to travel to Yemen;

And whereas, section 19 of the Passports Act, 1967 (15 of 1967) empowers the Central Government to issue a notification to make invalid the Passports and travel documents for travel to certain countries; and clause (d) of said section provides that upon the issue of the notification by the Central Government that a foreign country to which travel must be restricted in the public interest because such travel would seriously impair the conduct of foreign affairs of the Government of India, and a passport or travel document for travel through or visiting such country shall cease to be valid for such travel or visit unless in any case a special endorsement in that behalf is made in the prescribed form by the prescribed authority;

Now, therefore, in exercise of the powers conferred by clause (d) of section 19 of the Passports Act, 1967 (15 of 1967), the Central Government, being of the opinion that it is necessary and expedient in the public interest so to do, hereby issues the following directions, namely:–

(i) the passport or travel document issued by the Central Government is invalid for the travel of holder to Yemen as the travel of the holder to Yemen would seriously impair the conduct of foreign affairs of the Government of India;

(ii) any Indian national who travels to Yemen in violation of this notification, shall be liable for action under section 12 of the said Passports Act, 1967 and the passport shall be liable for impounding or revocation, as the case may be, under sub-section (3) of section 10 of the said Act;

(iii) violation of the directions issued by this notification by any holder shall be liable for refusal of passport under section 6 of the said Act for a period of seven years from the date of revocation of such passport;

(iv) any Recruiting Agent or a Company sending Indian nationals to Yemen shall be individually or collectively held responsible, and all such Agents or Company, including all its Directors, shall personally be liable to be prosecuted under the relevant provisions of the Indian Penal Code, if the Indian nationals so sent are killed or kidnapped or come to any harm, while travelling to Yemen;

(v) in addition to above, criminal proceedings also may be initiated against owners of the foreign ships carrying Indian nationals to Yemen and visas shall be denied to them for any future travel to India.

2. The aforesaid directions are not applicable to the officials of the Government of India posted in the Indian Embassy in Sana by the Ministry of External Affairs and for the officials of the Government of India or any State Government travelling to Yemen for attending of their official duties.

3. The aforesaid directions may also be relaxed by the Central Government for specific and essential reasons of travel, for which permission for a limited time period may be granted by the Central Government at the express request of the applicant who would, nevertheless, travel at his or her own personal risk without any liability to the Government of India or any State Government concerned and any such request for exemption may be sent to [email protected].

4. That the aforesaid directions may be read in conjunction with any fresh Travel Advisory separately and simultaneously issued by the Indian Embassy in Sana for travel to Yemen.

Sd/-
(Arun Kumar Chatterjee)
Chief Passport Officer (CPO)

S.O.3223(E)
F.No.VI/401/1/11/2017
Issued by:
Ministry of External Affairs
New Delhi