An Act To Amend The Act Of 19 July 1991 On The Registers Of The Population, Identification Cards, Foreign Cards And Residence Documents And Amending The Act Of 8 August 1983 Organising A National Register Of Natural Persons (1)

Original Language Title: Loi modifiant la loi du 19 juillet 1991 relative aux registres de la population, aux cartes d'identité, aux cartes d'étranger et aux documents de séjour et modifiant la loi du 8 août 1983 organisant un Registre national des personnes physiques (1)

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10 AOUT 2015. - An Act to amend the Act of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and to amend the Act of 8 August 1983 organizing a National Register of Physical Persons (1)



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. Section 6 of the Act of 19 July 1991 on Population Registers, Identity Cards, Foreign Cards and Residence Documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons, last amended by the Act of 22 May 2014, is supplemented by a paragraph 10, which reads as follows:
Ҥ 10. The Coordinating Body for the Analysis of the Threat, referred to as the OCAM, shall, by initiative, provide a reasoned opinion to the Minister who has the Interior in his or her powers, if the OCAM considers it desirable that the issue of the identity card of a Belgian be refused or that this card be withdrawn or invalidated, when there are reasonable and very serious indications that such person wishes to visit a territory where terrorist groups This reasoned opinion is given after consultation with the Federal Prosecutor or the competent King's Prosecutor on whether the refusal, withdrawal or invalidation of the identity card may jeopardize the exercise of criminal proceedings. If this is the case, the public prosecutor's point of view is expressly mentioned in this notice.
The issuance of the identity card may be refused or may be withdrawn or invalidated to the Belgians referred to in paragraph 1er by the Minister who has the Interior in his or her powers on the basis of a reasoned opinion from the CMO referred to in paragraph 1er.
This Minister's decision is valid for a maximum of 25 days. The person concerned shall be informed by the Minister or his or her delegate within two working days of the decision, by registered mail, and may transmit his or her remarks in writing within five days of the notification. At the end of this period, the Minister confirms, withdraws or amends its decision, if any, within five business days. The Minister also confirms, withdraws or amends his decision if the individual failed to transmit his written remarks. The Minister or his delegate also informs the interested party of this decision by registered mail within two business days. Where the Minister does not confirm his or her decision, does not withdraw it or amend it within 25 days, the decision is repealed. The decision is further repealed when the interested party has not been informed within the time limit provided for in this regard.
In the case provided for in paragraph 2, a certificate shall be issued upon refusal to issue, withdrawal or invalidation, as the case may be, in lieu of the identity card. The King determines, by order deliberately in the Council of Ministers, the model of this certificate as well as the issuing authority and the procedure to be followed in this matter. This certificate is only valid in Belgian territory.
Where the CMO informs the Minister that the indices referred to in paragraph 1er, no longer exist, the Minister shall, within five business days, make a decision lifting the refusal to issue the identity card, the withdrawal or invalidation of the identity card. The Minister or his or her delegate shall notify the person by registered mail within two business days of the decision.
The maximum duration of the refusal to issue, withdraw or invalidate referred to in paragraph 2 is three months, including the initial period of twenty-five days referred to in paragraph 3. This maximum period of three months may, after a reasoned opinion from OCAM, be extended only once by the Minister for a maximum period of three months. "
Art. 3. The King shall determine by order deliberately in the Council of Ministers the date of entry into force of this Act.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given to Poitiers, August 10, 2015.
PHILIPPE
By the King:
Minister of Security and Interior,
J. JAMBON
Seal of the state seal:
Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives
(www.lachambre.be)
Documents: 54-1170.
Full report: 16 July 2015 (Soir).