The National Security Office, Syria’s highest security authority, has issued new instructions denying certain categories of Syrians the right to obtain passports through embassies and consulates abroad or through immigration and passport offices within Syria, according to a report published on May 15 by opposition website Sawt Al-Asima

The categories primarily affected include defectors from the army and security agencies, as well as public sector and ministry employees who left their positions without formally resigning. Many government bodies do not accept resignations from their employees, forcing them to leave and be considered as having abandoned their job.

The report states that the implementation of these instructions began in early June, following the dissemination of lists containing the names of defectors and those who abandoned their jobs. It is not clear from the report whether settling one’s security status has  become a prerequisite for granting passports to these individuals. A security settlement involves an investigative process where the subject must confess to any anti-regime activities they have engaged in. This process does not guarantee that those who undergo it will not be arrested or forcibly disappeared.

Syrian Penal Code No. 148 of 1949 stipulates that a government or public sector employee who leaves their job without legal approval, or who fails to return to work within 15 days after their leave ends, is committing the crime of job abandonment. This offence is punishable by imprisonment for three to five years and a fine. Since 2011, the Syrian authorities have added political dimensions to job abandonment, considering anyone who leaves their job to be a security fugitive. Abandoning a military position is subject to the Military Penal Code No. 61 of 1950 and prosecuted for desertion.

To obtain a passport, whether within Syria or at embassies, several documents must be presented. These include the old passport or travel document, a residency card, personal identification, a copy of the family ledger, personal photographs, and for males aged 17-42, a military service document (such as a deferral certificate, discharge certificate, or proof of exemption fee payment). The application must be submitted by the individual themselves or by a relative up to the third degree, such as an uncle or aunt, with proof of relationship.

The negative impact of these instructions goes beyond denying these individuals the freedom to travel and reside abroad legally. It also prevents them from completing transactions in Syria through powers of attorney granted to their relatives or lawyers inside Syria. In matters of housing, land, and property rights, many Syrians living abroad must authorise a relative inside Syria to manage their properties. Since embassies require a passport to notarise powers of attorney, this decision effectively prevents them from notarising these documents at Syrian embassies abroad. Therefore, the inability of these groups to obtain passports abroad means they cannot secure other necessary documents to protect their property rights.

Syrian Civil Code No. 84 of 1949 does not set conditions for issuing powers of attorney, whether inside or outside Syria, beyond specifying the “subject of the commitment,” which is the action or task the representative is required to perform. Personal identification cards of the principal and representative are necessary for completing the powers of attorney but are not a condition according to the civil code. Similarly, Notary Law No. 15 of 2014 does not impose conditions on notarising powers of attorney; it only defines the notary’s duties, which include notarising contracts, declarations, and documents, recording them, and providing certified copies upon request.

Since 2011, numerous decisions and security directives have been issued to impose restrictions on issuing powers of attorney, both domestically and internationally. One such restriction is the requirement for security approval for general powers of attorney. Generally, to issue an international specific power of attorney regarding a property, the following documents are required: the principal’s personal identification card, a property registration statement proving ownership, an inheritance certificate if the property is jointly owned by heirs, a clearance certificate from the finance department, and a valid Syrian passport for the principal.

For issuing any power of attorney or any document by a notary public (a power of attorney issued in Syria), Law No. 15 of 2014 does not require a passport, only a personal identification card. If the ID card is unavailable, the individual may present a valid passport as an alternative form of identification.

Therefore, the requirement for a passport when issuing an international power of attorney contradicts the provisions of the law. Moreover, denying certain groups of people the right to obtain a passport lacks any legal basis.