LAW OF MONGOLIA

December 28, 2016                                                                                   Ulaanbaatar city

(2022.10.10-ны өдрийн орчуулга)  Unofficial translation

ON BORDER OF MONGOLIA

/Revised edition/

CHAPTER ONE

General Provision

Article 1. Purpose of the Law

1.1. This law regulates the relations with respect to implementation of the international treaty of Mongolia concluded for border issues in order to ensure the inviolability of the border of Mongolia, maintaining the border and border area regime, check the crossing of passengers and vehicles through the state border, determining the system and functions of the state border protection organization and the participation of citizens and organizations in state border protection, and other relations in regard to ensuring the border security.

Article 2. Border legislation of Mongolia

2.1. The border legislation of Mongolia consist of the Constitution of Mongolia, this law and other legislative acts enacted in compliance therewith.

2.2. If an international treaty, to which Mongolia is a party, provides otherwise, the provisions of the international treaty shall prevail.

Article 3. Legal Terms and Definitions

3.1. Specific words and expressions used in this Law have the following meanings:

3.1.1."permanent operating border point" means a port that operates continuously according to the schedule specified in the international agreement of Mongolia;

3.1.2."border point infrastructure" means roads, railways, air transport infrastructure for transporting passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products through the border point, and engineering infrastructure that has created the conditions for normal operation of the border control organization and meets the security requirements for border crossings;

3.1.3."contractor border guard" means a citizen who voluntarily serves in active full-time military service on a contract basis after serving in a military service;

3.1.4."passenger" means a citizen of Mongolia, a foreigner, or a stateless person entering the border point with a document needed to cross the state border;

3.1.5."international border point" means a port of access or entry of passengers regardless of nationality, or vehicles, goods, livestock, animals, plants, sources of raw materials and products according to the international agreement of Mongolia;

3.1.6."temporary operating border point" means a port operated temporarily in accordance with the international agreement of Mongolia concluded for border issues;

3.1.7."vehicle" means all types of aircraft, watercrafts, trains, automobiles, motorcycles, and self-propelled vehicles entering or crossing the state border;

3.1.8."cross-border facilities" means railways, highways, oil and gas pipelines, communications, power lines, bridges, water dams, fences and other facilities that cross the state border;

3.1.9."engineering and technical facilities for state border protection" means barriers, trace control strips, roads, bridges, control towers, communication and signal monitoring, roadblocks and other facilities that are designed to detect or stop violations of border and border area regimes and support the border protection equipment;

3.1.10."Member of the State Border Defense Assistance Force" means a citizen of Mongolia who is part of the State Border Defense Assistance Force;

3.1.11."state border protection organization" means a state administrative organization in charge of organizing and managing the state border protection in Mongolia, and its affiliated border military units and branches;

3.1.12."border point" means a place specially designated or designed or equipped by the border control body for inspection of passengers, vehicles, goods, livestock, animals, plants, and sources of raw materials and products entering the state border;

3.1.13."border resident" means a citizen of Mongolia who is registered as a lawfully permanent resident in the border area;

3.1.14."territory border" means the territory of soums bordering the neighbor countries;

3.1.15."transboundary water" is defined in article 3.1.11 of the Water law;

3.1.16."border control organization" means border protection, customs and immigration organizations authorized to conduct inspection and registration of passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products;
/This sub-paragraph was amended by the law dated November 12, 2021./

3.1.17."border guard" means one or more armed border guards who perform the order for border protection of Mongolia;

3.1.18."border guard" means an active full-time military officer serving in the border guard;

3.1.19."bilateral border point" means the border crossing of passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products of Mongolia and bordering countries according to the international agreement concluded by Mongolia with neighboring countries for border issues;

3.1.20."watercrafts" means self-propelled or non-self-propelled mobile water vessels used on water;

3.1.21."inspection area" means a place specially equipped by the border control organization for the purpose of carrying out inspection activities at the border point;

Article 4.  Border of Mongolia

4.1. The border of Mongolia is a line defined and established by the international treaty of Mongolia, separating neighboring countries on the land surface and water (hereinafter referred to as "state border"). There is an air space border above this line and a subsoil boundary below the line.

4.2. A state border will be inviolable.

4.3. The inviolability of the state border shall be secured in a way that the state border line is not changed illegally, and the international treaty of Mongolia concluded for border matters is not violated.

4.4. The border strip and border point land bordering the territorial boundaries of neighboring countries are a state property.

Article 5. Border Security of Mongolia

5.1. Mongolia's border security /hereinafter referred to as "border security"/ is an integral part of the national security of Mongolia.

5.2. Border security means that favorable external and internal conditions are secured at the border and border areas to ensure Mongolia's genuine national interests.

5.3. Border security is ensured by comprehensive activities of unified and coordinated political, legal, diplomatic, economic, environmental, intelligence and state border protection policy followed by the government authority focusing on implementation of the policy for the border and genuine national interests of Mongolia at the border and border areas.

5.4. The government is responsible for creating a unified system for border security, coordinating  activities of organizations and citizens, and ensuring the implementation of the state's border policy.

Article 6. Resolving matters on state border line

6.1. The State Great Khural of Mongolia /hereinafter referred to as "State Great Khural"/ will resolve issues on determination, establishment and changes of the state border line, and the Government will solve an issue on joint inspections of the state border.

Article 7. Determining State Border

7.1. In order to determine the state border, the State Great Khural will define a border line and conclude a border agreement with neighboring countries.

Article 8. Demarcating the State Borders

8.1. The state border shall be demarcated in accordance with the following principles:

8.1.1. in a dry land, by a straight line connecting specific landmarks and stable objects, or by a watershed of a mountain range;

8.1.2. in rivers and streams, through the middle of the main stream, and in lakes, by a straight line connecting the two ends of the state boundary line;

8.1.3. for the cross-border facility, by passing through the state border line;

8.2. The State Great Khural may decide an issue on determining the state border as specified in article 8.1 of this law or other principles.

8.3. The state border lines and border markings on the ground shall be carried out in cooperation with the bordering countries.

8.4. The State Great Khural will appoint a Mongolian team to determine the state border.

Article 9. Marking the state border

9.1 According to the international agreement between Mongolia and neighboring countries, the borders of the country will be demarcated by geodetic methods on the ground and marked with clearly visible and strong border markers.

Article 10. Joint inspection of state borders

10.1. In accordance with the international agreement of Mongolia concluded for border issues, the location of the state border line and border markings will be inspected jointly with the neighboring countries.

10.2. The Government will appoint a Mongolian team for a joint inspection of the state border.

10.3. Representatives of professional organizations and local community shall be included in the team composition specified in article 10.2 of this law.

10.4. If a state border line is changed during the joint inspection of the state border, it will become effective after the State Great Khural adopts a law based on the provisions of the international agreement of Mongolia.

Article 11. Monitoring implementation of border legislations of Mongolia

11.1. The state administrative center in charge of state border protection and the management of state border protection organizations, administrations, and territorial units shall supervise the implementation of international agreements made between Mongolia and neighboring countries for border issues, and legislations as set out in the laws and regulations.

CHAPTER TWO

State Border Regime

Article 12. Purpose of State Border Regime

12.1. The goal of the state border regime is to keep state borders clear, prevent border violations, and cross passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products of Mongolia through the state border based on the international agreements concluded between Mongolia and bordering countries and to regulate other activities related to border issues.

Article 13. Content of State Border Regime

13.1. The content of a state border regime consists of procedures for maintenance of the state border,  crossing of passengers and vehicles across the state border, use of transboundary water and cross-border facilities, conducting hunting, works and production activities on the border, and protection of  environment and animals.

Article 14. Determining State Border Regime

14.1. A legal basis of the state border regime shall be defined by the law approved by the State Great Khural, and the state border regime shall be determined by the Government under the international agreement made between Mongolia and neighboring countries.

14.2. The State Border Regime Agreement shall be approved by the State Great Khural.

Article 15. Maintaining State Borders

15.1. State border lines, markings, and their links shall be kept in place on the ground in accordance with the international agreement made between Mongolia and neighboring countries for border issues.

15.2. A forest strip will be made in the forest through which a state border line is crossed, to ensure that the state border is clearly visible.

15.3. The maintenance, restoration, inspection and repair of state border lines and markings shall be performed in accordance with the international agreement made between Mongolia and neighboring countries for border issues.

Article 16. Passengers and Vehicles Border crossing

16.1. Passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products shall enter the state border by land, water, or air in accordance with the international agreement made between Mongolia and neighboring countries for border issues.

16.2. An aircraft will enter through the designated airspace gate of the state border, fly over the approved air route, land and take off only at ports of entry, and the government will decide issues on entering, landing, and taking off from places other than the state border.

16.3. The distance from the state border line to the border port is under the control of the state border protection organization, and the air distance is under the control of the air force.

16.4. The procedure for entering the state border by water shall be approved by the Government under the legislations and the international agreement made between Mongolia and neighboring countries for border issues.

16.5. Foreign aid personnel entering the state border to eliminate damages caused by the disaster will be crossed across the border in accordance with the international agreement made between Mongolia and neighboring countries for border issues.

Article 17. Inspection organization operated at the state border point

17.1. An immigration agency will operate at border points to inspect passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products and to solve issues related to state border protection, customs, and visa registration.
/This paragraph was amended by the law dated November 12, 2021./

17.2. Passengers and vehicles shall enter the border point through the designated route and shall be checked by the state border guard and customs officials.
/This paragraph was amended by the law dated November 12, 2021./

17.3. The border control organization shall conduct inspections under the following orders when passing passengers, vehicles, goods, livestock, animals, plants, sources of raw materials and products across the state border:
17.3.1. customs and state border protection organizations for directions of movement across the state border;
/This sub-paragraph was amended by the law dated November 12, 2021./

17.3.2. state border protection and customs organizations for directions of traffic entering the state border.
/This sub-paragraph was amended by the law dated November 12, 2021./

17.4. An immigration agency shall resolve any breaches of visas and registration of foreign nationals detected by inspection of border control organizations.

17.5. An inspection of the border control organization shall be completed within the scheduled time of the vehicle. If required, the period can be extended by agreement with the relevant organization.

17.6. The state border protection organization shall make a note in an entry document of a passenger to cross the state border, keep records of passengers and vehicles that have crossed the state border, and establish an integrated database.

17.7. If the competent authority notifies the state border protection agency of the non-entry or detention of passengers through the state border as per the appropriate procedure, the passenger will not be allowed to cross the state border.

17.8. A member of the government in charge of state border protection issues shall approve the procedure for usage of an integrated database of passengers and vehicles entering the state border and exchange of information.

Article 18. Transboundary Water

18.1. All floating equipment other than those used for border protection is allowed to stay in the transboundary water in the Mongolian side only during the day or from sunrise to sunset. Floating equipment should not stay on the state border except in case of necessity. Floating equipment shall have identification marks and numbers on both sides.

18.2. The state administrative center in charge of water issues and the state border protection organization will jointly ensure the protection and use of transboundary water and the prevention of diversion of streams.

18.3. The procedure for protection and use of transboundary water shall be established in accordance with legislations and the international agreement made between Mongolia and neighboring countries for border issues.

Article 19. Using cross-border facilities

19.1. Construction, use, maintenance and protection of cross-border facilities shall be regulated in accordance with legislations and the international agreement made between Mongolia and neighboring countries for border issues.

Article 20. Conducting hunting works and production on the state border

20.1. The procedures for hunting, using natural resources, conducting animal husbandry, prospecting and exploration, and other production and economic activities on the state border shall be established in accordance with legislations and the international agreement made between Mongolia and neighboring countries for border issues.

Article 21. Protecting the environment and animals within the territory of state borders

21.1. In order to preserve an original state of the territorial border and to protect animals and plants near the state border, the matter of including a certain amount of land in the category of state specially protected areas shall be resolved in accordance with legislations and the international agreement made between Mongolia and neighboring countries for border issues.

21.2. In order to limit the danger of the spread of infectious diseases of humans, animals, wild animals and plants in the territory of Mongolia and bordering countries, the government will make a decision on temporary prohibition of the entry of materials, animals, plants and sources of raw materials and products across the state border and suspension or restriction of the movement of passengers and vehicles at areas where the disease occurs.

21.3. Management of administrative and territorial units, or citizens and enterprises or organizations shall take measures to prevent any forest and field fires in the border areas and to extinguish such fires.

Article 22. Border Violation

22.1. The following actions are considered border violations:

22.1.1. entered or attempted to enter the state border by land, sea or air through non-border areas;

22.1.2. entered or attempted to enter the border point without a valid entry document or with an invalid document;

22.1.3. crossed the state border through the subsoil;

22.1.4. entered illegally or attempted to enter vehicles and goods into the state border through non-border areas.

22.2. A person who violates sub-paragraphs 22.1.1, 22.1.2, and 22.1.3 of this law is called a border violator.

Article 23. Border Agent of Mongolia

23.1. A border agent of Mongolia (hereinafter referred to as "Border Agent") and his/her deputy shall be appointed by the head of the state border protection organization with functions of implementing the international agreement made between Mongolia and neighboring countries for border issues at certain border parts, preventing and resolving border violations.

23.2. A border agent has the right to appoint an assistant, secretary, translator and specialist.

23.3. Instructions of the border representative office are approved by the head of the state border protection organization.

23.4. Border agents, their deputies, and assistants shall detain a foreign citizen or stateless person who has violated the border, unless they have committed a crime on the territory of Mongolia, until they are handed over to the border authorities of the bordering country.

23.5. A border agent shall cooperate with border agents of neighboring countries in the manner specified in the international agreement of Mongolia. The border agent's deputy and assistant shall discuss or negotiate issues that are deemed to be resolved without border agents.

23.6. Border agents, their deputies, assistants, translators and experts appointed under the international agreement made between Mongolia and neighboring countries for border issues shall be under the protection of that country and enjoy inviolability in accordance with the provisions of the international agreement when performing their official duties.

23.7. In the event that the border meeting route specified in the border regime agreement overlaps with the border port route, meetings, negotiation, joint inspection and border delegation will be allowed to enter without hindrance in accordance with the provisions of the international agreement.

23.8. When crossing the border, the border agent and his/her accompanying staff will carry the state border crossing permit and fly the Mongolian national flag on vehicles.

23.9. Citizens, enterprises and organizations are obliged to provide assistance to border agents in performing their official duties.

23.10. Issues that cannot be resolved by the border agent shall be resolved through diplomatic channels.

CHAPTER THREE

State Border Regime

Article 24. Purpose of State Border Regime

24.1. The purpose of the state border regime is to enforce a state border regime in border areas, to prevent and stop border violations, and to carry out state border protection activities.

Article 25. Contents of State Border Regime

25.1. The content of the state border regime consists of procedures to be followed in the border strip, border points and zones.

25.2. The head of the state border protection organization shall approve the procedures for granting and controlling access to border strips, border points and zones.

Article 26. State Border Strip, its procedures and prohibitions

26.1. A state border strip is an area for which special regulations have been established within 15 km of the state border line for the purpose of enforcing the state border regime, organizing the state border guard and inspection service, and building border engineering and technical facilities.

26.2. The following procedure shall be followed for the state border strip:

26.2.1. Citizens entering the state border must have a Mongolian identity card or an equivalent document;

26.2.2. The government will make a decision on construction of building facilities or engagement of activities, or land use on the border strip, for purposes other than the border protection;

26.2.3. Citizens, enterprises, and organizations shall enter the state border with the permission of the state border protection organization and carry out works and production that are not prohibited by this law and other laws;

26.2.4. The state border protection organization shall supervise and inspect the implementation of  regulations on the state border strip.

26.3. The following activities are prohibited on the state border strip:

26.3.1. To acquire or own lands on the state border strip;

26.3.2. To destroy, damage, move, transfer the state border signs, links, and engineering and technical facilities for border protection;

26.3.3. Ploughing lands, diverting transboundary water streams and direction, blocking streams, constructing ditches, and constructing buildings on the rounds other than those permitted by this law;

26.3.4. Getting behind the engineering and technical facilities for border protection or going to the state border lines and symbols without the permission of the state border protection organization;

26.3.5. Conducting activities that disturb the enforcement of the state border and border areas regime, or making blasting without prior notification to the state border protection organization;

26.3.6. Placing or distributing radioactive and toxic chemicals;

26.3.7. Hunting and chasing animals within 2000 meters from the state border line, forcing to cross the state border;

26.3.8. Keeping livestock unattended;

26.3.9. Inhabiting or settling between the state border line and engineering and technical facilities for border protection without the permission of the state border protection organization;

26.3.10. Hunting and capturing animals using methods and weapons prohibited by law.

26.4. Enterprises and organizations conducting activities on the state border strip specified in article 26.2.2 of this law shall be responsible for funds required to take additional border protection measures in that border area.

Article 27. Types, procedures and classification of border points

27.1. The border point has the following types: air, rail, road, and is operated as permanent and temporary, and has international and bilateral ports.

27.2. The government shall determine the type, procedure and classification of border points.

Article 28. Border point and its procedures

28.1. The issue on establishing a new border point or closing a border point shall be resolved by mutual agreement with the bordering country based on the decision of the State Great Khural.

28.2. The government will resolve issues on temporary closure of border points and suspension of crossing movement through it.

28.3. The time schedule for opening and closing the border point is determined in accordance with legislations and the international agreement made between Mongolia and neighboring countries for border issues, and a border agent is responsible for its implementation. Any issues on opening the border point shall be resolved through diplomatic channels in cases other than the period specified in the agreement.

28.4. Upon completion of the construction of buildings, areas and their equipment necessary for border control, the state border protection organization shall open and operate the border point in cooperation with other border control organizations.

28.5. The state border protection organization shall implement the procedures to be followed at the border point, provide general regulations, and coordinate activities of border control agencies in order to ensure security and enforcement of regulations and orders.

28.6. Procedures to be followed at the border point consist of measures for inspection and exit of passengers and vehicles, parking of vehicles, enforcement of regulations and security.

28.7. Outsiders or strangers are prohibited to access the vehicle that is being inspected by the border control organization.

28.8. Changing directions and position of vehicles entering the state border, or boarding and disembarking passengers shall be carried out with the permission of the state border protection organization.

28.9. An employee of an enterprise or organization operating at a border point shall be granted a permit to enter the border port for a period of one year. Permits will be revoked if border point regulations are violated.

28.10. Activities to ensure security at border points are an integral part of national border security, and consist of comprehensive measures to be implemented in the event of emergency situations, creating opportunities for border control organizations to conduct inspections, enforcing regulations and orders, preventing, detecting, and suppressing illegal activities.

28.11. In the event of public disorder, disaster or emergency situation at the border point, the state border protection organization shall establish a special regime in cooperation with relevant organizations and take organizational measures.

28.12. Demonstrations, gatherings, traffic entry blocking, or disruption of normal operations in other ways and forms are prohibited.

28.13. If required, the state border protection organization may take additional measures related to ensuring the security of the border point.

28.14. The state border protection organization will solve an issue on establishing the settlement area of ​​border port employees at a certain distance from the port area.

Article 29. Management of Border point

29.1. A National Committee for Revival of Border Ports is responsible for formulating policies for the development of border ports, implementing such policies and coordinating activities.
/This paragraph was amended by the law dated August 29, 2022./

29.2. The National Committee for Revival of Border Ports consists of members of the Government in charge of border protection, revival of border ports, financial and foreign relations, and the border control organization, the Chamber of Commerce and Industry, and other relevant representatives of the logistics association. The chairman of the National Committee for Revival of Border Ports is a member of the Government responsible for revival of border ports.

/This paragraph was amended by the law dated August 29, 2022./

29.3. The Government will approve the rules of the National Committee for Revival of Border Ports.

/This paragraph was amended by the law dated August 29, 2022./

29.4. The National Committee for Revival of Border Ports shall exercise the following powers:
/This paragraph was amended by the law dated August 29, 2022./

29.4.1. To develop proposals for the establishment and expansion of border ports, and infrastructure issues of border ports;

29.4.2. To make recommendations on improvement of the operation of border ports and ensuring the coordination of works of the border control organization;

29.4.3. To develop proposals on social issues of employees of the border control organization;

29.4.4. To approve investment programs and plans for development and infrastructure of border ports;

29.4.5. To approve general procedures to be followed at border ports.

29.5. The National Committee for Revival of Border Ports will issue resolutions and recommendations on issues discussed, and the border control organization will ensure their implementation and report results and outcomes to the National Board of Border Ports within the specified period.

/This paragraph was amended by the law dated August 29, 2022./

29.6. If required, the National Committee for Revival of Border Ports will submit certain issues to the Cabinet meeting for discussion and approval and report its work to the Government.
/This paragraph was amended by the law dated August 29, 2022./

29.7. A border port council consisting of representatives of border control, intelligence and transport organizations will work at the border point and a border agent will lead the border port council.

29.8. The head of the border port council shall approve the procedure to be followed at each border point in accordance with the general procedure specified in article 29.4.5 of this law.

29.9. The Government will establish a Border Port Administration in charge of increasing exports, imports and trade circulation of minerals, oil, and goods, coordinating works of inter-state transportation, infection control, law enforcement and border control organizations, and local administrative organizations, planning port development issues, and being responsible for housing, electricity, heating, clean and waste water and other infrastructure, creating conditions for the normal operation of border points, and  for registration and control of state property at border points.

/This paragraph was added by the law dated November 12, 2021./

29.10. The Government shall approve an administrative structure and organization, staff limit and rules of operation of the Border Port Administration specified in article 29.9 of this Law.

/This paragraph was added by the law dated November 12, 2021./

29.11. The Government will appoint and dismiss the Head of the Border Port Administration after recommendation of the National Committee for Revival of Border Ports.

/This paragraph was added by the law dated November 12, 2021./

/This paragraph was amended by the law dated August 29, 2022./

29.12. The Border Port Administration may appoint a representative at border points.

/This paragraph was added by the law dated November 12, 2021./

29.13. The Border Port Administration shall exercise its powers within the scope of functions specified in article 29.9 of this law in the event of radiation, chemical and biological accidents, a highly infectious disease of humans or animals, or an epidemic condition at border points.

/This paragraph was added by the law dated November 12, 2021./

Article 30. State Border Zone and its Procedure

30.1. A state border zone is an area for which special regulations have been established for the purpose of ensuring the security of the territory near the borders and preventing border violations. Its width shall be determined by the state border protection organization in consultation with the governor of that unit within no more than 100 km from the state border line.

30.2. The following procedure shall be applied in state border areas:

30.2.1. a permanent resident living in the territory near the border can freely travel, reside, work, and run production activities up to the state border;

30.2.2. a citizen who does not live in the state border area must have a Mongolian identity card or an equivalent document when entering the border area;

30.2.3. a citizen who does not permanently reside or an enterprise or organization that is not located in the territory of the border area obtain permission from the state border protection organization in the event that they enter the state border area to carry out works or production;

30.2.4. permanent residence of foreigners and stateless persons is prohibited in the state border area, unless otherwise specified by law;

30.2.5. foreign citizens who have entered the state border with a valid document are prohibited to travel to other places than the territory of the soum.

30.3. The management of administrative and territorial units shall monitor the implementation of regulations in the state border area in cooperation with the state border protection organization.

CHAPTER FOUR

State Border Protection, State Border Protection Organization, its system, functions and powers

Article 31. State Border Protection

31.1. A state border protection is an integral part of measures to ensure a national security.

31.2. A state border protection is a combination of military, engineering-technical, information technology, intelligence activities and border agent's actions as well to inspect passengers and vehicles and enforce regulations in border areas, border strip, ports, regions and territories of the state border in order to ensure the inviolability of the state border, implement the Mongolian border laws and international agreements concluded on border issues, and to prevent, detect and stop border violations.

31.3. The national border on land and water is protected by the state border protection organization, and the air border is protected by the air force.

Article 32. Basic Principles of State Border Protection

32.1. The following basic principles shall be followed to organize the state border protection:

32.1.1. to ensure the national security of Mongolia;

32.1.2. to prevent any occurrence of armed attacks and aggression on the state borders, and to resolve conflicts and disputes arising on border issues by peaceful manners;

32.1.3. to protect the state borders together with neighboring countries;

32.1.4. to ensure regional border protection;

32.1.5. to respect laws;

32.1.6. to respect human rights and freedoms.

Article 33.  Regional Border Protection

33.1. A regional border protection is a protection of state borders arranged differently taking into account of border conditions, nature, geography, and weather conditions.

33.2. The Government shall determine the rate and amount of border guards' salaries, allowances, supplies, and procurement materials in consideration of regional border protection.

33.3. Procedures and instructions related to the organization of regional border protection, its methods and provision of services shall be approved by the head of the state border protection organization.

Article 34. Structure of the State Border Protection Organization

34.1. The main force of the state border protection organization is a border military guard. Border guards have the border guard headquarters, units, branches, weapons, equipment, procurement, supplies, hospitals, cultural, sports, educational and research units and other units required for the normal operation of border guarding.

34.2. The state border protection organization has a first deputy chief and a chief and deputy chief of the border military staff.

34.3. The Government shall determine the number, location, and rank of border military units and branches in accordance with the principle of equal cooperation with the bordering countries and ensuring the reliability and rights of the state's border protection.

34.4. The state border protection organization has a symbol. The design of the symbol and the procedure for its use shall be approved by the member of the Government in charge of border protection.

34.5. The budget of the state border protection organization shall be financed by the state budget.

Article 35. Functions and Duties of the State Border Protection Organization

35.1. The state border protection organization shall perform the following functions:

35.1.1. To implement the state policy on state borders;

35.1.2. To organize and manage the state border protection throughout the country;

35.1.3. To implement obligations specified in the international agreement made between Mongolia and neighboring countries for border issues and enforce the state border regime;

35.1.4. To avoid illegal changes of the state border line;

35.1.5. To enforce the state border regime, prevent border violations, and resolve border violations in accordance with the law;

35.1.6. To inspect passengers and vehicles crossing the state border, ensure the security of border ports, and maintain procedures at border ports;

35.1.7. To take measures to stop public disorders occurred at the border strip and border ports;

35.1.8. To detect and stop cross-border crimes;

35.1.9. To transmit information regarding the manned and unmanned aircraft that may have violated the air border to the air force units and branches of the armed forces;

35.1.10. Others prescribed by law.

Article 36. Powers of the State Border Protection Organization

36.1. The state border protection organization shall exercise the following powers:

36.1.1. ensure the location of national border lines, signs, and links, their maintenance, repair, restoration, and construction of border signs, and resolve violations occurred at border areas;

36.1.2. deploy or mobilize military equipment and forces or construct engineering, technical, and road communication facilities in the border strip, zone, and border areas for the interests of the state border defense;

36.1.3. check documents of citizens, enterprises and organizations, inspect and escort vehicles in order to detect border violators while performing official duties;

36.1.4. check and record documents when passengers and vehicles enter the state border, confiscate inconsistent documents and transfer them to relevant authorities;

36.1.5. confiscate items prohibited to enter the state border and transfer them to the relevant authorities;

36.1.6. conduct border searches and special operations to detain border violators;

36.1.7. enter or inspect buildings and apartments of citizens, enterprises, organizations, or access to railway stations, checkpoints, airports, transport bureaus and border ports where the search is being conducted, and stop or inspect movement of vehicles entering and exiting at border ports if necessary, during the border searches and special operations;

36.1.8. mobilize any vehicles of citizens, enterprises, and organizations when searching for and detaining border violators, and pay appropriate fees and expenses;

36.1.9. border agents, their deputies or assistants may temporarily detain a person for a period of no more than six hours who violates the state border and border regulations, check documents of the person who committed the violation, ensure physical examination or examine objects in his or her possession, and confiscate and seal documents temporarily, check whether alcohol, narcotics, or psychoactive substances have been consumed, break into or access to premises of organizations and civil residences when investigating criminals and crimes, inspect the belongings and bodies of temporarily detained persons, and keep records in each case of confiscation of items and documents in accordance with the law;

36.1.10. send official demands to citizens, enterprises, and organizations in connection with border violations to eliminate violations;

36.1.11. keep necessary records to maintain the state border regulations and regimes and to monitor the procedures for crossing of passengers and vehicles across the state border;

36.1.12. repel armed attacks on the territory of Mongolia, and stop provocations and sabotage on the state border;

36.1.13. confiscate goods and vehicles imported or attempted to be imported through non-border ports and transfer them to relevant authorities;

36.1.14. plan and implement measures aimed at ensuring the security of state borders and border ports.

36.2. The state border protection organization shall cooperate with the armed forces, intelligence, police and other relevant organizations in order to exercise its powers as specified in article 36.1 of this law.

Article 37. Powers of the Head of the State Border Protection Organization

37.1. The head of the state border protection organization shall work under the supervision of the member of the government in charge of state border protection.

37.2. The head of the state border protection organization is a commander of the border military troops.

37.3. The head of the state border protection organization shall exercise the following powers in addition to the powers specified in article 8.3 of the Law on Legal Status of Government Agencies:

37.3.1. to implement the state border protection policy within the framework of legislations and the international agreements concluded by Mongolia for border issues;

37.3.2. to issue orders in regard to national border protection guidelines and border protection activities, monitor their implementation, and manage and supervise border military units and branches;

37.3.3. to determine the human resources policy of the state border protection organization and ensure its implementation;

37.3.4. to dispose budget funds;

37.3.5. to make and implement decisions in cooperation with central state administrative organizations and provincial governors on issues related to national border protection;

37.3.6. others prescribed by law.

Article 38. Service, Rank and Uniform of Border Guards

38.1. Military service of border guards and their legal status shall be governed by the Law on Military Service, the Law on the Legal Status of Military Personnel and this law.

38.2. The head, first deputy head, and deputy head of the state border protection organization have the highest military rank.

38.3. Border guards are superiors and subordinates to each other in the hierarchy of rank and title.

38.4. A border guard shall be given the military rank specified in the Law on Military Service, taking into account the position and length of military service.

38.5. The government shall approve the procedure for the service of contract border guards in the state border protection organization.

38.6. A contract border guard shall enjoy the salary and procurement or supplies stipulated by the law, the same as the supervisor serving in the state border protection organization.

38.7. The design of uniforms of the state border protection organization and the procedure for their use shall be approved by the President of Mongolia, and the duration of use by the Government, and the supply instructions by the head of the state border protection organization respectively.

38.8. Citizens and organizations shall not use uniforms of the state border protection organization, except as provided by law.

Article 39. Legal Guarantee of Border Guards and Citizens on Official Duty at the State Border

39.1. A border guard or a citizen performing official duties at the state border has the right to be a state representative and to make legal demands to any citizens or officials for the interests of the state and to ensure their fulfillment.

39.2. If a citizen dies due to a criminal attack while performing official duties at the border, his/her family will be given a one-time non-repayable allowance equal to five years' salary calculated as the average salary specified in article 39.8 of this law.

39.3. In case of injury or damage to health while performing official duties, the state shall bear costs of medical treatment, allowances for disabilities, the difference of basic salary, and the cost of prosthetics.

39.4. The family members of border guards serving at the state border will be provided with jobs at priority and in the event that they are not employed, health and social insurance premiums for the period of unemployment will be paid from the state budget, calculating at the minimum wage applicable at that time.

39.5. Border guards serving in border branches and guards shall be provided with food supplies, and the amount of food supplies shall be determined by the Government.

39.6. If a border guard and his/her family members go to home towns /husband's / wife's home land/ during his/her annual leave, the state will cover the cost of transportation to and from the border once every two years.

39.7. Officers and senior officers who have been serving at the border for more than five years will receive a one-time cash bonus of 50 percent of their basic monthly salary in the border sector, 35 percent in border military units located in non-residential areas, and 25 percent in border military units located in residential areas other than the capital and national cities, respectively once in every five years.

39.8. The basic monthly salary of a citizen or conscript military serviceman specified in articles 39.2 and 39.3 of this law shall be calculated as equivalent to the salary of the head of the state border protection organization.

39.9. Allowances specified in articles 39.2, 39.3, 39.4, 39.5, and 39.6 of this Law shall not be applied in combination with allowances specified in other laws and regulations.

CHAPTER FIVE

USE OF PHYSICAL FORCE, SPECIAL TOOLS AND FIREARMS

Article 40. Use of Physical Force

40.1. A border guard shall use the physical forces in the following cases:

40.1.1. failed to fulfill legal requirements of border guards or objected to fulfil;

40.1.2. resisted arrests or detention;

40.1.3. in cases provided by this law for the use of special equipment and firearms;

40.2. A border guard shall not use physical forces to children, pregnant women, disabled people, or people who are clearly known to be injured, except cases as mentioned below:

40.2.1. being attacked in a way that could harm his/her life or health of others;

40.2.2. the person may commit an act that may harm his/her life or health;

40.2.3. may cause serious damage to other people's property;

Note: The term "use of physical force" defined in this article means an action of a border guard using his/her body and special professional trainings to restrict the movement of others.

Article 41. Types of Special Tools

41.1. State border protection organizations and border guards shall use the following special equipment:

41.1.1. personal;

41.1.2. affect crowds;

41.1.3. other;

41.2. Vehicles equipped with special equipment such as helicopters, armored equipment carriers, amphibious vehicles, and vehicle arresters, breakers, incendiary equipment, service dogs and other special equipment may be used for border protection.

41.3. A border guard shall be provided with special equipment while performing duties.

41.4. Instructions for the use of special equipment and physical force shall be approved by the member of the Government in charge of border protection in consultation with the State Prosecutor General.

41.5. The head of the state border protection organization shall approve instructions related to the storage, possession, and supply of firearms and all kinds of special equipment in border military units, branches, and border ports.

Article 42. Personal Protective Equipment

42.1. Personal protective equipment includes the following tools:

42.1.1. handcuff;

42.1.2. harness, wraps, other means of restricting movement;

42.1.3. sticks;

42.1.4 electric shocker;

42.1.5. guns and showers loaded with tear gas and asphyxiation;

42.1.6. guns with rubber and plastic bullets;

42.1.7. others;

Article 43. Use of Personal Protective Equipment

43.1. A border guard shall use personal protective equipment in the following cases:

43.1.1. to stop the danger to life and health of himself/herself or others;

43.1.2. to stop violations of the border or border areas regimes, and detain and arrest violators;

43.1.3. to arrest a person who is armed or may resist using a weapon;

43.1.4. armored delivery of an arrested or detained person;

43.1.5. prevent any suicide or harmful action or escape of a person under supervision;

43.1.6. if a concerning person is unable to control herself/himself due to mental illness or strong emotional disturbance, as well as uses alcoholic beverages, drugs, psychoactive substances, or behaves aggressively and cruelly causing harms the life, health, and property of others;

43.1.7. if a concerning person failed to comply with requirements of the authorized official to stop the vehicle, and ran away;

Ы43.1.8. in cases where this law stipulates the use of firearms.

43.2. A border guard shall not use any special equipment to children, pregnant women, disabled people, elderly people, or people who are clearly known as injured except in cases as mentioned below:

43.2.1. armed group attacking in a way that may harm the life and health of border guards or others;

43.2.2. a person armed with firearms or things that can cause harm to human life or health fails to comply with or opposes the demand to confiscate his/her weapon;

43.2.3. if there is a potential suicide to be happened;

43.3. The decision on using each special tool is made independently by the border guard according to the situation.

Article 44. Special Tools to Disperse Crowds

44.1. Special tools to disperse crowds include the following tools:

44.1.1. tear gas and asphyxiation tools dispersing crowds;

44.1.2. water cannons;

44.1.3. smoke curtain generator;

44.1.4. others;

Article 45. Use of Special Tools to Influence Crowds

45.1. A decision on the use of special means affecting crowds shall be made by the head of the state border protection organization and an official who manages operations with his/her authorization.

45.2. Special tools affecting crowds are used in the following cases:

45.2.1. attacked or protested in a group in a way that might harm the life and health of border guards or others;

45.2.2. group attack or attempted to attack an object under the protection of the state border protection organization;

45.2.3. to stop or arrest group of crimes that may harm a human life and health;

45.2.4. a group armed with firearms and other things that can cause serious damage to human life and health resisted by not complying with the demand to confiscate their weapons;

45.2.5. when there is a group of violations of the border and border areas regulations, or when there is a public disturbance at the border point, or when forcefully dispersing demonstrations and gatherings;

45.3. The following measures shall be taken prior to use of special equipment that affects crowds:

45.3.1. warning about the use of special tools;

45.3.2. informing effects of special tools;

45.4. Warnings and information specified in article 45.3 of this law shall be distributed using all available means to reach the majority of people who may be affected by special means.

45.5. Special means affecting crowds shall be used immediately if the action has not been stopped within the specified period of time after being warned in accordance with article 45.3.1 of this law, if the requirements have not been fulfilled, or if there is a risk of harm to human life or health.

45.6. The organization that conducted the operation shall take the following measures in cooperation with the relevant professional organization after using special tools affecting crowds:

45.6.1. check and make safe the presence of poisoned people, animals, explosions, leakage of chemicals and hazardous substances, and sources of fire;

45.6.2. provide medical first aid and other necessary services;

45.6.3. notify relevant authorities of taking measures to sterilize and clean the environment;

45.6.4. patrol and protect the environment and give advices and warnings until the operation of the special equipment ends or until the dangerous situation disappears.

Article 46. Special Means to Stop Vehicles

46.1. A border guard shall use special means of forcing to stop vehicles in the following cases:

46.1.1. there is a need to stop a real threat to his/her life or health of others;

46.1.2. the border violator escaped driving the vehicle herself/himself, or escaped transporting the border violator;

46.1.3. ran away without complying with the requirements set by the authorized official to stop vehicles;

46.2. It is prohibited to use special means of stopping vehicles in high traffic areas or in cases where there is a risk of danger to the public.

Article 47. Use of Service Dogs

47.1. Border guards may use service dogs to prevent, detect, and stop border violations, and to maintain border and border areas regulations.

47.2. The procedure for training, use and protection of service dogs shall be approved by the member of the Government in charge of state border protection.

Article 48. Grounds for Use of Firearms

48.1. Border military units, branches, and border guards shall use firearms without prior warning in the following cases:

48.1.1. To repel armed attacks on the territory of Mongolia;

48.1.2. To stop armed provocations and sabotage on the state border;

48.1.3. To stop armed resistance of border violators;

48.1.4. In case of hostage-taking of people and vehicles in the border strip, border ports, or zone, or during the counter-terrorist special operations;

48.1.5. Forcefully attacked or attempted to attack an object under the protection of the state border protection organization;

48.2. If an attack continues after warnings of border guards, firearms will be used in the following cases:

48.2.1. Provocations occurred at the state border or actions of border violators cannot be stopped by other methods and means;

48.2.2. Armed attacks were not stopped even measures were taken to protect civil property;

48.2.3. Threats to the life and safety of border guards and people could not be stopped without the use of weapons;

48.3. Border guards may use firearms to protect themselves and others from wild animals.

48.4. Border guards shall not hunt or shoot across the border.

48.5. State border protection organizations and border guards are not responsible for any consequences occurred due to the use of firearms, special equipment, service dogs, or physical force in accordance with the grounds and procedures provided by law.

CHAPTER SIX

RIGHTS AND DUTIES OF STATE AND LOCAL ADMINISTRATIVE ORGANIZATIONS AND OFFICERS TO ENSURE BORDER SECURITY

Article 49. Rights and Obligations of Government organizations and Officials

49.1. A member of the Government in charge of state border protection has the following rights and duties:

49.1.1. to improve the integrated system of state border protection to ​​ensure the inviolability of the state border and the security of the territory around the border, and to ensure the implementation of the border policy;

49.1.2. to submit state border protection rules to the President of Mongolia for approval based on the proposal of the state border protection organization;

49.1.3. to approve the structure and staff of the state border protection organization;

49.1.4. to develop and implement projects and plans for national border protection, and ensure their implementation;

/This sub-paragraph was amended by the law dated December 17, 2021./

49.2. The state administrative center and state administrative organizations and officials are obliged to ensure the security of the state border in accordance with the relevant laws.

49.3. Other state administrative organizations and enterprises shall implement the border legislation of Mongolia, provide supports and assistance to the state border protection organization, and supply products required for border protection as a priority.

Article 50. Powers of Governors of Administrative and Territorial Units

50.1. The Governor of the province and soum has the following powers:

50.1.1. providing assistance in procurement services of the state border protection organization located in the territory under its jurisdiction and supervising the observance of the border laws of Mongolia by citizens, officials, enterprises, and organizations;

50.1.2. providing necessary supports and assistance in maintaining the regime of the state border and areas around the border;

50.1.3. engaging citizens in the national border defense on a voluntary basis;

50.1.5. specifying additional costs for state border protection in the budgets of provinces and soums located on the border area;

50.2. The governor of the province and soum located at border areas shall engage a part-time council of the state border defense forces (hereinafter referred to as "council") in order to exercise his/her powers stipulated in article 50.1 of this law.

50.3. The state border protection organization and the board of border defense forces of the province and soum located on the border areas may grant bonuses to members of the assistance forces who actively participated in border protection and may promote them for the award.

50.4. The President of Mongolia shall approve the procedures for participation of citizens in the state border protection.

CHAPTER SEVEN

PARTICIPATION OF ASSISTANCE FORCE IN STATE BORDER PROTECTION AND CITIZEN'S RIGHTS AND DUTIES

Article 51. Engagement of Assistance Forces in State Border Protection

51.1. The assistance force for state border protection shall participate in enforcement of border and border areas regime in the territory of the state border.

51.2. State border protection assistance forces shall be established in border regions, soums, bagh centers, border ports, border military units, branches, settlements, railway stations, border crossings and other necessary places based on the proposal of the state border protection organization by order of the governor of the province located on the border areas.

51.3. A registration of a citizen of Mongolia as a member of the Member of the State Border Defense Assistance Force, who has reached the age of 18 and is a permanent resident of the border area, shall be discussed by the Assistance Force Council of the relevant province or soum based on his/her written request and the proposal of the State Border Protection Organization, and approved by the order of the Governor.

Article 52. Management of State Border Protection Assistance Forces

52.1. The state border protection assistance forces shall be managed by the Governor of the province and soum located in border areas, the related council, and the state border protection organization within their respective powers.

52.2. The head of the council is the governor of the province and soum located in border areas, and a deputy is the head of the border military unit, and a secretary is the head of the governor's office of the province and soum located in border areas.

52.3. The composition of the council shall be appointed by the order of the governor of the province and soum.

Article 53. Duties of Council

53.1. The Council undertakes the following duties:

53.1.1. to provide assistance for border protection based on the proposal of the state border protection organization located in the territory;

53.1.2. to organize the work for participation of assistance forces in border protection in cooperation with the state border protection organization;

53.1.3. to monitor expenditures of budgeted costs for state border protection;

53.1.4. to organize work for members of the assistance forces engaged in work and production to participate in the border protection at places of their residence with the appropriate permission of the state border protection organization;

53.1.5. to submit a proposal to the relevant authorities to transfer a citizen of Mongolia to a legal organization, who intentionally or repeatedly violates the state border and border areas regulations;

53.1.6. to reward members of the assistance force who worked diligently in the protection of the state border and repeatedly detected violations of the border and border areas regime, promote members for the award, and take measures to remove the member from the assistance force who committed the violation;

Article 54. Duties of Member of the State Border Protection Assistance Force

54.1. A member of the State Border Protection Assistance Force has the following obligations:

54.1.1. to participate in state border protection based on permanent or temporary residence and the location of business production;

53.1.2. to report border violations to the state border protection organization from time to time that are discovered through control and observation;

54.1.3. to supervise the implementation of regulations in the border strip, ports or border areas;

54.1.4. to be ready to work promptly according to the time situation;

54.1.5. to take measures to prevent domestic animals from crossing the border through pastures and notify the state border protection agency.

Article 55. Rights of Member of the State Border Protection Assistance Force

55.1. A member of the assistance forces serving in the state border defense has the following rights:

55.1.1. to detain and report the border violator immediately;

55.1.2. to check passengers' documents in the state border strip and area;

55.1.3. to travel freely on the state border;

55.1.4. to be provided with means of transportation and food;

55.1.5. to receive awards and monetary awards for active participation in state border protection;

55.1.6. to submit suggestions and requests related to the state border protection to the management of the state border protection organization.

Article 56 Duties of Citizens of Mongolia

56.1. A citizen of Mongolia shall have the following duties:

56.1.1. to assist the state border defense;

56.1.2. to fulfill the requirements of the state border and border area regime;

56.1.3. to participate in the state border protection by the location of their works or production if they reside permanently or temporarily in the state border strip or border zone;

56.1.4. to inform the state border protection agency regarding the actions that violate the state border and border area regulations.

CHAPTER EIGHT

MISCELLANEOUS

Article 57. Liability for Violators

57.1. If the act of an official who violates this law is not criminal, he or she shall be liable as provided in the Civil Service Law.

57.2. A person or legal entity that violates this Law shall be subject to liability specified in the Criminal Code or the Law on Violations.

Article 58. Validity of the Law

58.1. This law shall be entered into effect on February 01, 2017.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA M.ENKHBOLD