Important information concerning Turkish-occupied area

Important information concerning travel to the Turkish-occupied area of Cyprus

Ever since the illegal Turkish invasion of July 1974, over 36% of the territory of the Republic of Cyprus remains unlawfully occupied by the Turkish army. As a result of this, the Government of the Republic of Cyprus which is the sole legal and internationally recognized government on the island, is not in a position to exercise effective control over the occupied areas of its territory.

If you intend to travel to Cyprus, you should be aware that the so-called “trnC”, the secessionist entity unilaterally declared by the occupation regime, has been condemned and declared illegal and invalid by the International Community through United Nations Security Council Resolutions 541/83 and 550/84.

Currently, and subject to any temporary COVID-related restrictions, it is possible for foreign visitors who visit the government-controlled area of the Republic of Cyprus, to cross to the occupied areas.

You should be aware, however, that staying in properties owned by Greek Cypriot refugees who have been foreced by the occupation army to flee, including hotels in the occupied area which are being illegally exploited, would put you at risk of possible legal action on the part of the owners.

Travelers entering the Republic of Cyprus via any illegally operating airport or port in the occupied area that has been declared closed in accordance with International Law, will be in breach of national legislation of the Republic of Cyprus. You are therefore urged to travel via the legal points of entry to the Republic of Cyprus, so as to avoid the risk of facing the consequences of the law.

The legal points of entry to the Republic of Cyprus are the intenational airports of Larnaca and Paphos and the ports of Larnaca, Limassol, Latsi and Paphos, which are situated in the area under the effective control of the Government of the Republic of Cyprus. Entry to the territory of the Republic of Cyprus via any other port or airport in the area of Cyprus in which the Government of the Republic does not exercise effective control (Turkish occupied area) is illegal.

 

Legal consequences (criminal and/or civil) for foreign citizens purchasing Greek Cypriot owned property in the area of Cyprus occupied by Turkey 

Foreign nationals are cautioned against purchasing property owned by Greek Cypriots in the part of the Republic of Cyprus under Turkish military occupation since 1974. 

In 1974 Turkish armed forces expelled and continue to prevent more than 170,000 displaced persons from returning to their homes and to peacefully enjoy their properties. United Nations Security Council Resolutions 541 (1983) and 550 (1984), call upon all states to respect the sovereignty, independence and territorial integrity of the Republic of Cyprus and not to recognize any other state in Cyprus or assist the secessionist entity in any way. As such, the illegal secessionist entity in the occupied area of Cyprus does not have jurisdiction to perform valid transfers of property ownership. 

Moreover, under the laws of the Republic of Cyprus, the use of property registered in the name of another individual, constitutes a criminal offence. The commission of this offence could lead to the issuance of a European arrest warrant, enforceable in any of the 26 EU countries, as well as an international arrest warrant. 

Article 303A of the Criminal Code of the Republic of Cyprus, as amended by Law 130(I)/2006, deals with fraudulent transactions involving another person’s immovable property. Subsection (1) states that anyone who intentionally engages in such transactions with the aim of committing fraud is committing a felony, punishable by up to seven years in prison. An attempt to commit this offence is also a felony and carries a potential prison sentence of five years. 

This provision applies when a person: (a) sells, rents, conveys, or allows the use of the property to someone else, (b) advertises or promotes the property’s sale, rental, mortgage, or use by another person, (c) enters into an agreement related to the property’s sale, rental, mortgage, or use by another person, or (d) accepts the sale, rental, mortgage, or use of the mentioned real property. 

Moreover, the scope of application of the Criminal Code was expanded in 2006 to encompass offenses committed abroad by any person, as long as the offence is connected to immovable property located within the Republic. This includes actions like conspiracy, attempted crimes, incitement, or any actions that encourage others to commit offences linked to immovable property within the Republic. It is reminded that the legislation of the Republic of Cyprus applies to the entirety of the country’s territory, including the areas under belligerent occupation by Turkey. 

In addition, Greek Cypriot property owners may also bring civil action against usurpers of their property before the competent civil Courts of the Republic of Cyprus. The EU Court of Justice in the case of Meletis Apostolides v. David and Linda Orams declared the obligation of national courts of all EU Member States to enforce and execute such Republic of Cyprus’ Court judgments. As a result, an illegal purchase of property in the areas occupied by Turkey, could result in civil action before the Court of the Republic of Cyprus. Such rulings are enforceable against the property of the usurper at any EU Member State. 

Finally, be cautioned that the Republic of Cyprus is fully intended to initiate criminal proceedings against usurpers.