Syrian Arab Republic – Legislative Decree No. 30 of 2007 (Military Service Law) new

Military Service Law

The head of state issued Legislative Decree No. 30 of 2007, which includes the Military Service Law.
It contains the provisions, rules, and regulations governing both compulsory and reserve military service, particularly defining the amounts of financial compensation (substitute service fees) for Syrian citizens residing in Arab countries (except Lebanon) and in foreign states, and determining the duration of their residence abroad.

Compulsory Service Duration

The decree set the period of compulsory military service at 24 months, beginning on the date when the draftees are called up from recruitment zones to the mobilization camps, and ending on the first day of the month following the completion of that period.
Any days exceeding two years are considered part of the compulsory service.

Equalization Among Arab States

The decree equalized Gulf states with other Arab countries (excluding Lebanon) in the matter of paying the financial substitute for each Syrian who has resided there for five years after reaching the age of conscription.
The substitute amount was set at 5,000 US dollars.

Structure of the Decree

The decree consists of 126 articles divided into eight chapters, defining:

• The bases of conscription,
• The rules of postponement, exemption, and discharge,
• The methods of accepting the financial substitute from Syrian Arab citizens and those considered equivalent who are subject to military service and residing abroad (in Arab or foreign countries),
• The rules of reserve service, and
• The categories excluded from reserve service for the reasons stated in the decree.

Children of Expatriates

One of the most important provisions in the decree addresses the issue of military service for children of expatriates, as it allows them to pay a monetary substitute.
The amount was set at 500 US dollars, while sons of expatriates who already performed military service in the countries where they reside and who hold the nationality of those countries are exempted from both compulsory service and payment of the substitute.

Maximum Conscription Age

The decree reduced the maximum conscription age for both compulsory and reserve service from 52 years to 42 years.

A compensation for missed service was introduced, since compulsory service is considered a personal obligation upon every Syrian subject to conscription, except those:

• Who pay the financial substitute,
• Are exempted for health reasons, or
• Have already served in an Arab or foreign army.

The compensation for missed service varies according to educational qualification, ranging between 150,000 and 250,000 Syrian pounds.

Postponement (Deferral) of Military Service

The decree allows conscripts to postpone their service for one renewable year in the following cases:

1. Students in secondary schools, institutes, and universities who regularly pursue their studies without interruption since reaching the age of conscription.
   • The duration of postponement is limited to one calendar year per application.
   • The student’s maximum allowable age for deferral is:
     • 21 years for secondary students,
     • 24 years for students in intermediate institutes,
     • 26 years for university students enrolled in four-year programs,
     • 28 years for medical students and master’s degree students in other disciplines,
     • 30 years for doctoral candidates.
2. If the student studies outside Syria, an additional two years are added to each of the above limits.

A student in his final academic year whose age exceeds the legal postponement limit during that year may continue his studies until the end of the school year, after which he will be called to service.

If a student fails to pass the first academic year within two years, his postponement is canceled; one additional year is granted for those studying in a foreign language.

Other Cases of Postponement

Postponement is also granted in the following situations:

• One son of parents (or of one parent, if widowed) if they have two or more sons of conscription age, provided the number of sons actually serving compulsory service does not exceed two, and the total in active service does not exceed three.
  The parents may choose which son is to be deferred, but postponement shall not extend beyond the age of 37.
• Temporary medical unfitness for compulsory service.
• Convicted individuals for the entire duration of their imprisonment, and detainees under investigation for the duration of detention.
• Family providers, proven to be the sole supporters of one or more family members who have no other provider, according to regulations.

During wartime, the Commander-in-Chief may cancel all academic deferments by decision, and may also administratively postpone the mobilization of some conscripts for urgent national or humanitarian reasons.

Financial Substitution (Service Buyout)

The decree specifies the financial substitute amounts for compulsory military service as follows:

• 8,000 US dollars: For conscripts who resided normally after age 11 in Arab (except Lebanon) or foreign countries for at least 12 consecutive years.
• 5,000 US dollars: For those who maintained continuous residence in an Arab country (except Lebanon) for no less than five years.
• 3,000 US dollars: For those who left Syria before age 11 to reside normally in Arab countries (except Lebanon) for at least 12 years.
• 500 US dollars: For those born in Arab countries (except Lebanon) or in foreign states and who maintained continuous residence there until reaching the age of conscription.

Financial Substitute for Those Classified as Fixed-Service Personnel

The decree grants the right to pay a financial substitute for individuals determined by specialized committees to fall under the category of fixed-service conscripts, according to the following:

• The fixed salary of a volunteer lieutenant for 20 months, for holders of university degrees requiring more than four years of study.
• The fixed salary of a first-class volunteer sergeant major for 20 months, for university degrees of four years.
• The fixed salary of a first-class volunteer sergeant for 20 months, for holders of intermediate institute or general secondary certificates (all branches).
• The fixed salary of a first-class volunteer private for 20 months, for all other conscripts.

Reserve Forces Organization

The decree reorganized the reserve forces structure, reducing the reserve period from six years to five years, and creating an additional category called the General Reserve Line, aimed at improving mobilization and readiness procedures for the armed forces.

Penalties for Evasion

The decree also redefined penalties for draft evasion, making them more graduated—penalties increase in proportion to the duration of evasion.

Exemption from Military Service

The decree identifies the grounds and cases of exemption from military service, including:

• Permanent medical unfitness for compulsory service.
• Remaining sons of parents (or one parent) if both (or one) lost two sons due to official duty or military operations.
• A father who lost one or more sons in warfare or while performing official duty.
• The only son of his parents or of one of them, whether both are alive or deceased.
  This includes orphans raised in social care institutions by non-biological parents who could not have children.
• A healthy brother of siblings who suffer from disabilities or illnesses preventing self-support.
• Those who have already performed compulsory military service in an Arab or foreign army and hold that country’s citizenship.

Civil Compensation (Missed Service Payment)

Any person who exceeds the maximum conscription age without performing compulsory service and who is not exempt for legitimate reasons must pay a civil compensation in lieu of service, as follows:

• The fixed salary of a volunteer lieutenant for 35 months, for university graduates whose studies exceed four years.
• The fixed salary of a first-class volunteer sergeant major for 35 months, for four-year university graduates.
• The fixed salary of a first-class volunteer sergeant for 35 months, for holders of intermediate or general secondary certificates.
• The fixed salary of a volunteer private for 35 months, for all other conscripts.
• Payment is made in Syrian pounds or their equivalent in US dollars for those residing outside Syria.
• The individual’s record is canceled after payment.
• The compensation is collected in accordance with the Public Funds Collection Law.