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The executive instructions of article no.13 of the legislative decree no. 30, dated 3/5/2007:
First: The financial substitute and the required periods of residence:
1. /8000$/ eight thousand dollars, for those who resided normally, after the age of 11 years old, in any Arab country (except for Lebanon) or in a foreign country for not less than 12 years.
2. /5000$/ five thousand dollars, for those who resided permanently and continuously for the purpose of residing and working in an Arab country (except for Lebanon), for a period not less than 5 years after they are in the age of charge, provided that the residence period does not exceed 6 years.
3. /3000$/ three thousand dollars, in case they had left the Syrian Arab Republic with their parents to any Arab country (except for Lebanon) or to a foreign country before they are 11 years old, and resided there for no less than 12 years.
4. /500$/ five hundred dollars, if they were born in any Arab country (except for Lebanon) or in a foreign country, and resided there continuously and permanently until they reached the age of charge.
5. /3000$/ three thousand dollars, if they were born in any Arab country (except for Lebanon) or in a foreign country, and their residence continued until they reached the age of charge (but they have interruptions, provided that their actual residence is not less than 12 years).
6. /3000$/ three thousand dollars, if they were born in any Arab country (except for Lebanon) or in a foreign country, and resided there (their residence did not continue till they are in the age of charge and resided actually for no less than 12 years).
7. /3000$/ three thousand dollars, for those who were born in any Arab country (except for Lebanon) or in a foreign country or entered the country of residence before the age of eleven, then their residence was postponed in conformity with the regulations of the legislative decree no.7, in 1978, and they did not pay the financial substitute until the date of issuing the legislative decree no.30, on 3/5/2007, provided that their residence is not less than 12 years.
8. /500$/ five thousand dollars, if they were born in Kuwait and resided there until they reached the age of charge, and interrupted their residence from 1/8/1990 to 31/12/1991 after the Iraqi invasion to Kuwait. This interruption is considered an actual residence in Kuwait.
Second:
The expatriates included in the regulations of financial substitute payment are:
1. Common expatriates charged with military service.
2. Expatriates charged with military service, being of the government property or not, who are scholars or transferred to work in the country of residence.
3. Expatriates charged with military service whose joining the army is postponed until they receive another notification.
4. Soldiers whose service was suspended before and after the issuing of the legislative decree no. 30, on 3/5/2007.
5. Deserted soldiers who did not accomplish the military service for some reason, provided that they settle their status in the marital court before they pay the financial substitute.
The expatriates who are not included in article no.2, “First” clause:
1. Expatriates charged with military service who are of the government property and are scholars or transferred to work abroad.
2. Deserted soldiers.
3. Soldiers whose military service was suspended before and after the issuing of the legislative decree no. 30, on 3/5/2007.
Thirdly: required documents:
1. Submitting a hand-writing application for paying the financial substitute to the Syrian diplomatic mission in the country of residence, or submitting an application through one of his relatives or attorney to the General Directorate of Conscription, or to the Recruitment Department, or to the Conscription Section to which the expatriate charged with military service is joined.
2. Presenting a residence document according to the attached form that is circulated to the Syrian diplomatic missions in the countries of residence, including the data and information related to the residence of the expatriate charged with military service and the identification of the residence starting date, continuation and end besides the interruptions in residence, taking the following into consideration:
- As for the expatriates charged with military service included in the regulations of articles (1-3-5-6-7) from “First” clause, leaving the country of residence and returning back is not considered an interruption, and is not registered on the residence document, unless it is proved that the expatriate has no ties with his job and residence in the country of residence at all, in this case the departure date must be registered.
- As for expatriates included in the regulations of articles (4-8) of "First" clause, every visit to the Syrian Arab Republic for 3months, once a year, is not considered an interruption and is not registered. The diplomatic mission in the country of residence, when issuing the residing document to the expatriate charged with military service included in this article, is to write down each interruption exceeded 3 months per year even if the residence is still continuous in the country of residence.
- As for the expatriates included in the regulations of article (2) of "First", it is provided that the residence is continuous; i.e., the period of interruptions out of the country of residence must not exceed /120/ one hundred twenty days per year. This period is regarded as follows:
((75 seventy five days is considered part of the five-year period of financial substitute payment, and it is considered an actual residence. Each interruption for more than 75 seventy five days and less than 120 one hundred twenty days is considered an interruption for which the expatriate charged with military service must cover during the sixth year of his residence exclusively, and the document issued to him by the diplomatic mission contains the starting date of the residence in addition to all dates of entrance and exit, and also the interruption periods which are more than 75 seventy five days)).
3. Workers on ship deck present a document to the General Directorate of Ports certified by the Ministry of Transportation that includes periods of their marine services registered on their marine passports.
4. The financial substitute might be admitted from the expatriate charged with military service exempted for health reasons or for being the single son for his parents or one of them.
5. The Syrian diplomatic mission in the country of residence of the expatriate charged with military service who wants to pay the financial substitute may register details of his previous residence in other countries (except for Lebanon) on his document of residence.
6. The document issued by local authorities in the countries of residence where there is no diplomatic representation for Syria is admitted being certified by the Ministry of Foreign Affairs in the country of residence. The document must include the required information and data translated into Arabic by a (credited) sworn translator and must be certified by the Ministry of Justice in the Syrian Arab Republic.
7. Copy of the civil record of the expatriates charged with military service included in all articles except article (2) in “First”.
8. A hand-writing application based on the form circulated to the Syrian diplomatic missions for those who did not undergo the examinations (preparations for joining the army).
Fourthly: Procedures to collect the financial substitute:
The financial substitute is collected in US dollars and paid to the public treasury as follows:
1. By a bank transfer signed by the expatriate charged with military service or his representative or attorney provided that the bills are in credit with the Central Bank of Syria in the interest of the expatriate financial substitute with the correspondents of the bank abroad.
2. By tourist checks or bank checks issued by foreign or Arab banks signed by the expatriate charged with the military service or his representative in charge or attorney that are submitted to the Central Bank of Syria.
3. Foreign bank currency (bank notes) as long as they are paid to the Central Bank of Syria.
Fifthly: General Rules:
1. The expatriate charged with military service included in article (2) from “First” loses the right to pay the financial substitute if the sixth year of his residence passed without his applying for the payment; or, if it is appeared that the period of residence interruptions has exceeded the specified period for each year and this interruption cannot be covered during the sixth year of his residence.
2. A copy of the residence document is not admitted even if it was certified in conformity with regulations, and the expatriate charged with military service is to submit the original document.
3. The expatriate charged with military service, who wants to pay the financial substitute, is not drawn to army, whatever his status is, after he submits the required documents for payment and making sure of his fulfillment of the requirements of the financial substitute payment till the issuing of the final decision of approval. In case the paying period is over, he will be prosecuted to join army according to the law of military service.
4. Dropping out of military service is abolished after the payment of the financial substitute, prosecution is seized, and the related authorities are informed of his new duties. The expatriate has to settle his status with governmental authorities if he has other situations unrelated to his conscription status.
5. If the expatriate charged with the military service did not carry out the procedures of joining the army, he is charged to pay cash penalties provided for in item /95/ of the legislative decree no. 30, dated 3/5/2007.
6. Each expatriate charged with military service who has got a previous approval of paying the financial substitute in conformity with the regulations of legislative decrees no.7, in 1978, no. 11, in 2000, no.2, in 2005, and no.63, in 2005, and the financial substitute is not paid yet, has the right to object against the financial substitute amount in case he was included in one of the articles of item /13/ from “Second” clause of the legislative decree no.30, on 3/7/2007, and his file is to be presented to the General Directorate of Conscription- Financial Substitute Office after completing all the required confirmations.
Sixthly: the procedures to be taken in the conscription section and departments regarding financial substitute collecting approval:
1. The conscription Section checks and studies all the presented confirmation documents and makes sure that there is no contradiction between the residence document and the expatriate (charged with military service) status in the Section, in addition to organizing a copy of checking includes his status since he reached the age of charge up till now taken from the main conscription records. The copy is attached to confirmation documents and sent to the Soldiery Department with a statement notifies weather the expatriate fulfills the conditions of payment or not, and a detailed list is to be added including the periods of interruption in the residence for the expatriate included in article /2/ from “First” according to the attached form.
2. Conscription Department has to check all the confirmation documents attached to the application and make sure that they are complete in conformity with regulations, and that the expatriate (charged with the military service) case is applicable to the conditions of the financial substitute payment, then, the documents are submitted to the General Directorate of Conscription- Financial Substitute Office attached with a statement notifies fulfilling the conditions of the financial substitute payment.
3. The file is checked by the head of the specialized section in the General Directorate of Conscription, and after completing the required confirmation documents in addition to the conditions of payment, an approval decision of the financial substitute is organized and submitted to financial substitute committee formed in the General Directorate of Conscription in order to be checked and signed by the head and members of this committee, then, the file is submitted to the Director of General Conscription to take the approval decision.
4. The file is returned from the General Directorate of Conscription to the expatriate Conscription Section via the Conscription Department attached with the approval or reject decision.
5. If the file of the expatriate charged with military service is attached with the financial substitute collecting approval, the Conscription Directorate organizes two copies of the collecting order pattern on which the financial substitute amount is estimated according to the expatriate case. Then, the collecting order is sent to the Central Bank of Syria or one of its branches in the governorates to keep a copy of it and send back the second one to be added to the expatriate file along with a copy of the collecting notification issued by the bank.
6. The Conscription Section fills out the following details besides the name of the expatriate charged with military service on the conscription main record and on the related page of the military service book: “The financial substitute was paid in amount of ……thousand dollars by the financial receipt no. / /, dated …/…/200.., issued by…... according to the General Directorate of Conscription approval no. / /, dated... /… /200.., depending on article /13/ from “Second” clause of the legislative decree no.30, issued on 3/5/2007.” The above mentioned details are footed by the registering date and head of the section signature, and the military service book has to be stamped by the section's formal stamp. After that, the expatriate charged with military service status is changed in the nominal statistics record in both the Conscription Section and Department, his name is moved to the field of financial substitute payers, and his conscription status is settled in conformity with regulations with all authorities in case he dropped behind the military service.
7. A special record is opened in each Conscription Section in which the name of expatriate charged with military service, the name of the application submitter, the application date, the General Directorate of Conscription approval date, the financial receipt that notifies the payment of financial substitute number, date, and issuing authority are registered.
8. Each Conscription Section presents a list on the first day of the month including the names of expatriates charged with military service who paid their financial substitute during the month; and the Conscription Department merges the lists received from the sections in one list on two copies, one is sent to the General Directorate of Conscription- Different Affairs Department- Financial Substitute Section and the second is kept attached with the lists from the sections to be reviewed when necessary.
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