Mission’s Unofficial Translation

LAW OF GEORGIA on Occupied Territories

Georgia is a sovereign, unified and indivisible State; presence of armed forces of any other State on its territory without the Georgian State’s clearly and voluntarily declared consent represents unlawful military occupation of the territory of a sovereign State, as in accordance with the 1907 Hague regulations and the 1949 Fourth Geneva Convention.

Article 1. Purpose of the Law

The purpose of this Law is to determine the status of the territories that are occupied as a result of the military aggression of the Russian Federation and to establish a special legal regime throughout these territories.

Article 2. Occupied territories and maritime zones

For the purposes of this Law, occupied territories and maritime zones (hereinafter, “the Occupied Territories”) are the following:

(a) the territory of the Autonomous Republic of Abkhazia;

(b) the Tskhinvali region (the territory of the former South Ossetia Autonomous

District);

(c) on the Black Sea: Georgia’s internal waters and territorial sea, their seabed and the Earth under them, over which Georgia exercises sovereignty and which belong to the marine space located from Georgia’s State Border at the Russian Federation – River Psou toward the South across the administrative border where River Enguri joins the Black Sea as well as the marine zones: the contiguous zone, the exclusive economic zone and the continental shelf where Georgia, based on its legislation and norms of international law, in particular, the 1982 UN Convention on the Law of the Sea, enjoys fiscal, sanitary, immigration and customs rights in the contiguous zone, and its sovereign rights and jurisdiction in the exclusive economic zone and the continental shelf;

(d) the airspace above the territories defined in paragraphs (a), (b) and (c) of this Article.

Article 3. Legal regime of the Occupied Territories

For the term of validity of this Law, the Occupied Territories are subject to the regime of State of Emergency as well as to a special legal regime implying restrictions on free movement across the Occupied Territories, running of economic activities prescribed by this Law, conclusion of transactions related to immovable property and other issues envisaged by this Law.

Article 4. Restriction of the freedom of movement throughout the Occupied Territories

1. For foreign citizens and stateless persons, entry into the Occupied Territories is allowed only:

(a) from the Zugdidi municipality direction into the territory of Abkhazian Autonomous Republic;

(b) from the Gori municipality direction into the Tskhinvali region (territory of the former South Ossetia Autonomous District).

2. Entry into the Occupied Territories from any direction other than prescribed in paragraph 1 of this Article, by foreign citizens and stateless persons, is prohibited and is punishable under the Criminal Code of Georgia.

3. In extraordinary circumstances, a special entry permit may be issued in accordance with rules prescribed by a legal act of the Government of Georgia, in the interests of the Georgian State, peaceful settlement of the conflict, deoccupation or humanitarian interests.

Article 5. Right to immovable property on the Occupied Territories

1. Any transaction in relation to an immovable property on the Occupied Territories concluded in violation of the Georgian legislation shall be regarded null and void from the moment of its conclusion and shall create no legal results.

2. Acquiescence of property rights to an immovable property on the Occupied Territories through inheritance is allowed only in case of statutory inheritance or if testamentary heirs belong to one of categories of statutory heirs.

Article 6. Restriction of economic activity on the Occupied Territories

1. The following activities are prohibited on the Occupied Territories:

(a) Any kind of economic (entrepreneurial and non-entrepreneurial) activity regardless of whether it is aimed at receiving profit, income or compensation, if such activity, according to the Georgian legislation, is subject to licensing or permission, authorization or registration, or to obtaining prior approval unless the previous requirements exist;

(b) Import and/or export of military and double-purpose products;

(d) Use of State resources;

(e) Organizing money transfers;

(f) Financing of or facilitation to activities prescribed by subparagraphs (a) – (e) of this paragraph.

2. Activities on the Occupied Territories prescribed by paragraph 1 of this Article can be allowed only in extraordinary circumstances, based on special consent, which shall be issued in accordance with rules prescribed by a legal act of the Government of Georgia, in the interests of the Georgian State, peaceful settlement of the conflict, de-occupation or humanitarian interests.

3. Violation of requirements set in this Article shall cause liability according to the Georgian legislation.

4. Sanctions prescribed by the Georgian legislation for activities on the Occupied Territories envisaged by paragraph 1 of this Article shall apply also to Related Persons, that is, persons who directly or indirectly are involved in the capital of persons carrying out the activities envisaged by paragraph 1 of this Article and/or have influence over their decision-making in any form.

5. For the purposes of paragraph 4 of this Article, Related Persons are:

(a) a person or an entity who owns a share or more than 5% of stocks in the entity carrying out the activities prescribed by paragraph 1 of this Article;

(b) a person who owns a share or more than 25% of stocks in the entity indicated in subparagraph (a) of this paragraph;

Article 7. Protection of human rights and cultural

heritage on the Occupied Territories

1. The Occupied Territories are an inalienable part of the territory of Georgia and are subject to the Georgian legislation. The Russian Federation is liable for violation on the Occupied Territories of universally recognized human rights prescribed by the Georgian Constitution, according to the norms of international law.

2. Georgia’s executive authorities are obliged to periodically inform the relevant international organizations about human rights violations on the Occupied Territories.

3. The Russian Federation as the State that carried out the military occupation is liable for compensation of material and moral damages to citizens of Georgia and stateless persons on the Occupied Territories as well as foreign citizens who have the appropriate permit to stay in Georgia and who have entered the Occupied Territories.

4. The Russian Federation is liable for the protection of the cultural heritage on the Occupied Territories.

Article 8. Unlawful authorities (officials)

1. Any authority (official) which is not created (appointed / elected) in accordance with the Georgian legislation and/or which performs legislative, executive or judicial functions or other activities belonging to the competence of the Georgian central or local self-governance bodies on the territory of Georgia is unlawful.

2. Any act issued by the authorities prescribed in paragraph 1 of this Article is considered null and void and does not create legal results.

Article 9. Obligation of the Georgian authorities

1. In case of violation of the requirements prescribed in this Law, the Georgian authorities must resort to all mechanisms envisaged by the Georgian legislation and the international law for the protection of Georgia’s lawful interests and security.

2. The Government of Georgia must conclude bilateral agreements to ensure that States Parties to such agreements apply sanctions according to their legislation to persons in breach of this Law.

Article 10. Transitional provisions

1. The Government of Georgia shall, within one month following the entry into force of this Law, adopt all of the legal acts prescribed by this Law, which will determine the special regime on the Occupied Territories.

2. Due to the Ceasefire Agreement of 12 August 2008, this Law shall apply also to the following territories: village Perevi of Sachkhere District, municipalities of Kurta, Eredvi and Azhara as well as the Akhalgori municipality.

Article 11. Entry into force of the Law

1. This Law shall enter into force upon its publication.

2. Articles 5(1), 6 and 8 shall apply to relations generated since the year 1990.

3. The legal regime prescribed by this Law shall be valid until Georgia’s jurisdiction is fully restored on the Occupied Territories.

President of Georgia Mikheil Saakashvili

23 october 2008

(Archive of the OSCE Mission to Georgia)