Exit from Pakistan (Control) Rules, 2010.

EXIT FROM PAKISTAN (CONTROL)

RULES, 2010

[Gazette of Pakistan, Extraordinary, Part II,

2nd July, 2010]

S.R.O.74(KE)2010, dated 9-4-2010.---In exercise of the powers conferred by section 5 of the Exit from Pakistan (Control) Ordinance, 1981) (XLVI of 1981), the Federal Government is pleased to make the following rules, namely:--

1. Short tile and commencement.---(1) These rules may be called the Exit from Pakistan (Control) Rules, 2010.

(2) They shall come into force at once.

2. Grounds to prohibit persons from proceeding from Pakistan to a destination outside Pakistan.---(1) The Federation Government may, oy an order in writing under subsection (1) of section 2 of the Exit from Pakistan (Control) Ordinance, 1981 (XLVI of 1981), prohibit any person from proceeding from Pakistan to a destination outside Pakistan notwithstanding the fact that any person is in possession of valid travel documents if he is involved in:

(a) corruption and misuse of power or authority causing loss to the government's funds or property;

(b) economic crimes where large governments funds have been embezzled or institutional frauds committed;

(c) acts of terrorism or its conspiracy, heinous crimes and threatening national security;

(d) case of key directors of a firm, in default of tax or liabilities of not less than ten million rupees;

(e) case of two or more key or main directors of a firm, in default of loan or liabilities exceeding one hundred million rupees;

(f) any case and his name forwarded by the Registrar of a High Court, Supreme Court of Pakistan or Banking Court only; or'

(g) drug trafficking.

(2) Nothing in sub-rule (1) shall apply to---

(a) persons involved in private disputes where government interest is not at stake, except cases of fraud against foreign banks and reputable companies with significant foreign investments;

(b) person involved in crime like murder and dacoity, etc., unless special grounds are furnished by the relevant home departments;

(c) directors who represent foreign investment in business;

(d) women or children undergoing education who are appearing as directors merely due to their family relationship with major shareholders; or

(3) Name of any person placed on the exit control list maintained by the Federal Government in pursuance of an order made under subsection (1) of section 2 of the said Ordinance and who:

(a) has proceeded from Pakistan, shall remain on such list, so long as the said order is in force, for taking legal action against him on return to Pakistan.

(b)  is in judicial custody likely to be released on bail by a competent court of law, shall remain on such list so long as the said order is in force; and

(c) has been convicted by a competent court of law for any offence shall remain on such list so long as the said order is in force and till his conviction attains finality.

3. Service of order.--An order made under subsection (1) of section 2 of the said Ordinance shall be served on the person concerned either through the local authorities or the staff of the immigration check post or by registered post and a copy thereof shall be forwarded to the Provincial Government, the Federal Investigation Agency and the Directorate of Immigration and Passports for immediate compliance:

Provided that an omission, for any reason, to serve the order on any person in the matter aforesaid shall not be deemed to affect the powers of the authorities at an immigration check-post to prevent departure of the said person from Pakistan on the authority of the copy in their possession.

4. Repeal.---The Exit from Pakistan (Control) Rules, 1983 are hereby' repealed.