S TAT E L E S S B Y D E C R E E
S TAT E L E S S B Y D E C R E E
to remain Kuwaiti unless she likewise voluntarily acquires another nationality
and for minor children to take the nationality of the father unless they seek to
once again become Kuwaiti within two years of the age majority. The ar ticle
fur ther provides for the re -acquisition of nationality, subject to conditions.
The ar ticle, and the additional clarif ication in Ar ticle 11 bis appear to seek to
limit dual nationality in favour of sequential citizenship.
•
Ar ticle 13 provides for revocation “upon the recommendation of the Minister of
Interior” where (13.1) citizenship was granted “through fraud, forgery, or based
on false statements”, and is applied to all dependents; (13.2) after being granted
Kuwaiti citizenship, the person (s) is (are) “convicted by a final judgment of a
crime involving moral turpitude or dishonesty, or of a crime against internal or
external state security, or of a crime against God, the Prophets, or the Amir”; (13.3)
the persons is “is dismissed from his government position for disciplinary reasons
related to honor or integrity within 10 years of being granted Kuwaiti citizenship”;
(13.4) the authorities determine that “the supreme interest of the state or its
external security” is met through revocation, also applicable to dependents; and
(13.5) the “authorities have evidence that he is promoting principles that would
undermine the economic or social order of the country, or that he belongs to a foreign
political entity”, likewise applicable to dependents; 51
•
Ar ticle 14 provides for the revocation of nationality on the recommendation of
police and security off icials where (14.1) a person serves in the security
apparatus of another state, despite instruction from the GoK to cease doing so;
((14.2) service for a state with which the GoK has suspended relations; (14.3)
where a Kuwaiti residing abroad joins an enterprise deemed to undermine “the
social or economic structure of Kuwait or where he has been convicted of an offence
involving breach of his allegiance to Kuwait.”
•
Ar ticle 21 bis A and B provides for the withdrawal of citizenship by the Council
of Ministers following a recommendation by the Minister of the Interior where
it “appears to have been obtained by virtue of fraud or on the basis of a false
declaration or on the basis of false evidence submitted by a witness.” Revocation
may be applicable to dependents (irrespective of the generational difference).
•
Ar ticles 20 and 21 - not about revocation per se - address assessment of
citizenship claims. Ar ticle 20 states that the burden of proof rests upon the
person claiming Kuwaiti nationality while the December 2024 amendment
added that “Modern scientific methods may be used in granting, withdrawing, or
revoking citizenship, in accordance with the criteria and regulations issued by a
decision of the Minister of Interior.” Ar ticle 21 provides for investigation
conducted by “Nationality Committees established by Decree upon the
recommendation of the Head of the Departments of Police and Public Security.”
They, in turn, repor t to a “Supreme Committee to be established by Decree upon the
recommendation of the Head of the Departments of Police and Public Security.”
The two-ar ticle Decree Law 158/2024 amended Ar ticle 16 of the 1959 Nationality
Law. 52 Ar ticle 1 is an operational provision with f inancial and benef its-related
implications for those involved. The pre -December 2024 text stated that:” The
acquisition, withdrawal, deprivation or re-acquisition of Kuwaiti nationality shall be
of no retrospective effect, unless express provision to the contrary is made [by the
relevant Decree or other instrument]”.
OVERVIEW
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