Legal Inquiries

When does the Executive Committee of Missions issue a decision to end a member's mission?

Answer -If the member breaches the articles of the decree 112 for the year 1959 i.e.:

1 -    If the member abandons the Mission’s location without the consent of the manager of the mission’s office and the Executive Committee for Missions (article 29).

2 -    The member must be well-behaved; he must preserve his country’s reputation, and respect the traditions of the hosting country (article 23).

3 -    Article 25 prohibits the member of the Mission, Sabbatical, or the employee in a Scientific Mission from marrying a foreigner during the span of the mission.

4 -    The member of the Mission or Sabbatical must return to his home country within a month of completing his studies (article 30).

5 -    It is forbidden to change the type of Mission and its methodology without the approval of the Executive Committee for Missions and the Delegating Authority (article 27) - The law has specified exemplary cases.

When are the expenses claimed from the member?

 Answer- If he breaches article (31) of the decree 59/112 and which specifies:

1 -    The member of the Mission, or Sabbatical, or Scholarship is committed to serve the Delegating Authority or any concerned domain on the basis of 2 years for each year spent on the Mission, with a maximum of 7 years for the Mission members and 5 year for Sabbatical leave member etc….

2 -    Breaching article (48) regarding the financial regulation of the Missions No. 1481 active since 1993/1/1 which states the following: the member of a Mission or of Sabbatical leave who returns to his home Country without fulfilling the aim of his Mission is requested to pay back the full costs of his stay abroad.

3 -    The member of the Mission or Sabbatical is prohibited from marrying a foreigner during the Mission.

4 -    The Executive Committee of Missions first issues a decision to claim back the costs of the Mission in accordance with the request of the Delegating Authority after which procedures will be taken to claim the costs amicably or legally.

When is the member of a Mission or Sabbatical leave entitled to refund the value of the fees that he has imbursed amicably or through a court order?

Answer. The member of a Mission or Sabbatical leave is entitled to refund the fees that he paid, on presenting evidence of commitment to article (32) which states: “if the abstainer returns to his homeland for good after having paid the expenses of his mission, fully or in partly, amicably or through a legal order, he is entitled to refund the amount discharged, after serving the Delegating Authority for the span time assigned by the missions’ law.”

-What are the procedures that are followed for claiming refunding?

Answer – Forwarding a letter from the Delegating Authority clarifying in details that the member has fulfilled the commitments of spending the time span assigned by the law.

-       The issue is presented to Mr. /The head of the Central Administration for Missions and Cultural Delegation who is a deputy of the Executive Committee of Missions to approve of the imbursement.

-       A written application /receipt is issued with the actual value of the paid amount as inscribed in the accounts record.

-       A check is discharged with the claimed amount.

Is it allowed to change bail?

Answer- yes, it is possible to change the bail or to replace the guarantor with another after fulfilling certain procedures, but this move is not allowed in case a court order has been issued.

-       The member and the new guarantor fulfill and accredit the required papers.

-       The member places a request at the Administration to replace the guarantor.

-       The Executive Committee for Missions must approve such replacement according to article (35) which states:

        “The member of the Mission, Sabbatical or Foreign Scholarship must offer a guarantor accepted by the Administration of Missions. The guarantor must state in writing his joint responsibility for paying back the expenses and salaries that are discharged during the Mission etc...”

-       The General Administration for Legal Affairs must be notified in order to take the necessary legal readjustments.

-       The member is notified of the Executive Committee of Missions approval concerning the replacement.

When should a refunding claim be forwarded against the member and his guarantor?

Answer- when the Executive Committee of Missions (upon the request of the Delegating Authority, and the issuance of an account list from the Mission’s Office abroad including the amounts discharged for the member) issues a rule requesting the member and his guarantor to pay back the expenses. The court claim must be translated to the language of the hosting country.

-       The member and his guarantor must be notified of the lawsuit against them.

-       The General Administration for Legal Affairs must obtain the documents for the lawsuit which are as follows:

-       The Executive Committee’s decision to claim back the expenses.

-       The original financial commitment signed by the member and his guarantor.

-       The account record including the amount paid during the Mission abroad.

-       The Department of Legal Affairs follows through the Lawsuit until a court order is issued and enforced upon the member and his guarantor.

When can the salary of a member is is detained?

Answer- If the member abandons the Mission’s location without the consent of the manager of the Mission’s Office, or the Executive Committee of Missions, article (29) rule 122/59.

When is the member deprived of being nominated to any mission or scholarship?

Answer- When he breaches article (34) of the decree 112 for the year 1959 which states that if the member is accused of being a defaulter, or of postponing the scheduled procedures of the Mission regulated by the Administration of Missions without an acceptable excuse, the member will be prevented from the Mission or Scholarship, and also from a candidature to any other Mission or Scholarship for a span of at least 3 years starting from the date of this ban. Such a ban exhibits  not only that the member loses the mission, but also the state loses the mission which could have been beneficial to others.

Does the member of the Mission or the Sabbatical leave have the right to engage in a work during the Mission?

Answer – yes, the member may keep up a job under the following conditions:

1 -    The job must be related to the subject of the member’s Mission.

2 -    The member’s work (Job) should not hinder his academic progress.

3 -    The member should obtain the consent of the head of the Executive Committee of Missions, the manager of the Mission’s Office, the supervisor or the Mission and the Delegating authority, according to the article (26) of the decree 59/112.

Is it allowed to deduct any span time that the member has spent in his delegating domain, or to deduct its equivalent value from the expenses of the Mission?

A court order has been issued from the Supreme Administrative Court prohibiting such a deduction, but the member is requested to fulfill the entire duration.

When may the member obtain a non-rejection letter for residency abroad?

Answer-The member may obtain a non-rejection letter when he fulfils the following terms:

First: He must pay back the expenses that are claimed by:

a - The Administration of the Missions and the Cultural Office abroad.

b -    The Delegating Authority (Internal Salaries).

c -    Fulfilling the required commitment period at the Delegating authority or any other governmental domain.

Is the member entitled to pay back the due amounts in installment?

Answer- The financial regulation of the Ministry of Finance organized the installment as follows:

-       ¼ of the entire amount can be paid as a down payment.

-       The rest of the amount will be can be paid in a 2 years installments.

-       The relevant responsible authority must approve of the installment.

When is the court order against the member and his guarantor detained?

Answer- when the member reimburses the amounts that he is committed to pay trough court order, and upon his taking up work at the Delegating Authority, or any other governmental domain, the Executive Committee of Missions will issue an order to annul the claim and to postpone the legal proceedings of the lawsuit until the member fulfils the legally designated work commitment.

 When is the member exempted from paying the legal profits?

Answer – The member is exempted from paying these profits when he undertakes to reimburse the full amounts of his debt.

The Executive Committee of Missions must issue an order concerning the exemption in accordance with the approval of Mr. / the Prime Minister in 1989/11/12.

What is the situation of the member who, upon returning to his home country to undertake his work, is denied reception from his work place?

-The member must search for a job and upon his recruitment in a governmental authority and must present evidence.

-Accordingly, his request will be annulled, and his commitment to fulfill the time frame designated by Article 526 issued by the Executive Committee for Missions will be followed.