New Rules on Unwanted Foreigners

Starting Monday, immigration officials will start taking a closer look at foreigners entering and leaving the country, and foreigners may find themselves barred for reasons such as failing to pay taxes or fines, lacking medical insurance or not having enough money for the visit.

The new rules are amendments to the law on entry and exit and will give the government greater control over those who need visas to enter, stay in and leave Russia, lawyers said.

The changes end the relaxed visa system that has been in place for the past decade and had placed visas into three broad categories: multiple-entry, double-entry and single-entry.

Under the tighter system, the new visa categories are private, business, tourist, student, work, humanitarian and political asylum. Foreigners applying for the visas will have to provide additional documentation to support their claims that they are who they say they are and will do what they are promising to do.

It remains to be seen whether the changes will create new visa headaches for foreigners from the West.

"The law improves identification and monitoring of the purpose of foreigners' stay in Russia," said Mariana Marchuk, an associate at the Baker and McKenzie law firm.

"It will be like in the United States where if you have a B2 visa you are a tourist and aren't supposed to be in an office or other workplace," she said. "If the authorities find someone who is negotiating in a conference room has a tourist visa or a private visa, it will be a violation of the visa regime."

Natalya Podolskaya, a lawyer with the European Business Club, said the amendments formalize procedures that had been partially in practice.

Their main purpose is to remove third parties -- visa-support agencies and other disinterested parties -- from the visa-application process, she said.

Th authorities and foreigners alike have had problems when agencies obtained visas on someone's behalf but then failed to provide other support such as visa registration, Podolskaya said.

The United Nations High Commission for Refugees said the effect for refugees will be positive. "The amendments stipulate, in particular, that recognized refugees can exit and enter Russia on the basis of a refugee travel document," it said in a statement.

Nevertheless, the UN office warned, it is important to see how the law will be implemented.

The amendments contain two lists: One spells out reasons for mandatory denial of entry, the other for possible denial of entry.

A foreigner will be denied entry if he:

has been convicted of a serious crime in Russia;

lacks medical insurance;

is deemed a threat to state security or previously hindered Russia's ability to defend state security;

has been deported or expelled from Russia. The law makes a subtle distinction between these two categories but, either way, a foreigner cannot return for five years after being thrown out;

is considered a risk to public order or public health. Prime Minister Mikhail Kasyanov last week signed off on a list of diseases that are reason for refusing work permits and temporary or permanent residency permits. They include HIV, leprosy, tuberculosis and sexually transmitted diseases such as syphilis and chlamydia. However, this rule will not be enforced until the Health Ministry decides how it will be enforced. It is unclear when the decision will be made;

is on a Russian blacklist. Kasyanov signed an order this week naming the government agencies authorized to decide who goes on the blacklist. They are the Federal Security Service, the Foreign Intelligence Service, the Financial Monitoring Committee and the Interior, Defense, Foreign, Health and Justice ministries;

has insufficient funds to support himself and pay for his departure from Russia. However, the government has yet to decide how to enforce this rule.

A foreigner might be denied entry if he:

failed to submit a migration card the last time he left Russian soil;

has been convicted of a crime abroad or has participated in an activity that is recognized as a crime in Russia;

violated the rules of crossing the border, including customs rules and sanitary rules;

failed to pay taxes during a previous visit;

has been fined at least twice for administrative violations in Russia in the past three years;

failed to pay a fine or other administrative penalty during a previous visit;

"Accordingly, administrative violations are not insignificant incidents, and administrative fines are not something to be viewed just as economic costs any longer," Marchuk said.

The amendments still require several pieces of follow-up legislation -- the procedures and time periods for extending and renewing visas and, if necessary, canceling lost visas. It was unclear Thursday when the additions will be finalized.