Sisi signs law on combating illegal migration, smuggling of migrants

CAIRO - 13 April 2022: President Abdel Fattah El Sisi has signed Law No. 22 of 2022 amending some provisions of Law No. 82 of 2016 on combating illegal migration and the smuggling of migrants.

Under the amendments, tougher penalties shall be imposed on whoever commits, initiates, or mediates in the crime of smuggling migrants.The law was published in the Official Gazette on Wednesday. 

On Feb.23, the Constitutional and Legislative Affairs Committee at the Egyptian Parliament has approved

a draft law submitted by the government to amend some provisions of the Law on Combating Illegal Immigration and Smuggling of Migrants promulgated by Law No. (82) of 2016.

This legislation comes within the framework of the state's strategy towards providing legislative solutions to combat acts that do not comply with the laws in the face of this crime.

Among what was stated in the draft law was the provision that the texts of Articles No. (6), (7), (8), and (15 - the first and second paragraphs) of the Law on Combating Illegal Immigration and Smuggling of Migrants promulgated by Law No. (82) should be replaced.

The amended texts are:

Whoever commits, attempts, or mediates in, the smuggling of migrants shall be punished by rigorous imprisonment and a fine of no less than two hundred thousand pounds and not more than five hundred thousand pounds, or a fine equal to the value of the benefit he has acquired, whichever is greater.

The penalty shall be temporary hard labor and a fine of no less than two hundred thousand pounds and not more than five hundred thousand pounds, and not more than one million pounds, or a fine equal to the value of the benefit he has acquired, whichever is greater in any of the following cases:

1- If the offender had established, organized or managed an organized criminal group for the purposes of smuggling migrants, or assumed leadership in it, or was one of its members or joined it.

2- If the crime is transnational.

3- If there are multiple perpetrators, or if the crime is committed by a person carrying a weapon.

4- If the offender was a public servant or assigned to a public service and committed the crime by exploiting the position or public service.

5- If the crime threatens the life or health of the smuggled migrants, or represents inhuman or degrading treatment, or if the offender obtains a subsequent benefit from the smuggled migrant or his relatives.

6- If the smuggled immigrant is a woman, a child, an incompetent person, or a person with a disability.

7- If a forged travel or identity document was used in the commission of the crime, or if a travel or identity document was used by someone other than its legal owner.

8- If a ship was used in the commission of the crime in violation of the purpose assigned to it or the established itineraries.

9- If the offender repeats committing the crime stipulated in the first paragraph of this article.