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Law On Consular Code

Original Language Title: Loi portant le Code consulaire

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belgiquelex.be - Carrefour Bank of Legislation

21 DECEMBER 2013. - Consular Code Act



PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER 1er. - General provision
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
CHAPTER 2. - The Consular Code
Art. 2. The following provisions form the Consular Code.
CONSULAR CODE
Section 1er. - Definitions
Article 1er. For the purposes of this Code and its enforcement orders, the following means:
1° Consular position: any consulate general, consulate, vice-consulator or consular agency;
2° Consular registration: the territory assigned to a consular post for the performance of consular duties;
3° Career consular post: the consular post under the direction of a career consular official;
4° Chief Consular Officer: the person responsible for acting in this capacity;
5° Honorary consular post: the consular post under the direction of an honorary consular officer who does not stand at the state budget;
6° Consular officer: any person, including the head of consular post, in charge of the performance of consular duties;
7° Consular agency: any consular office belonging to an existing consular post established outside the consular office;
8° Consular functions: the functions referred to in this Code or other laws and all consular functions provided for in international law;
9° Home: the place where a natural person has his principal residence according to the consular registers of the population;
10° Normal residence: the place where a natural person has legally established himself as a principal, even in the absence of registration. To determine this place, it is taken into account the circumstances of a personal or professional nature that reveal lasting links to that place or the desire to establish such links;
11° The Minister: the Minister who has foreign affairs in his or her duties;
12° Consular taxes: the rights that consular posts are entitled to take when issuing certain acts or documents;
13° Belgian passport: a travel title only issued to the Belgians, which is presented in the form of a booklet whose content and form are fixed by international agreements;
14° Belgian travel title: a travel title issued in special circumstances to Belgians and non-Belges. This document may take other forms than that of a booklet;
15° Consular population registers: population registers held in consular posts.
Section 2. - Consular posts
Art. 2. The King may establish consular posts in foreign cities.
It sets the seat and class and determines the consular district of the consular post.
He may decide to establish the seat of the consular post in the bsstiments of a Belgian diplomatic mission or a diplomatic or consular representation of States members of the European Union.
If in a given country, no Belgian consular post is established or, due to exceptional circumstances, the consular post is not in a position to function normally, the Minister may designate a consular post located in a neighbouring country; is competent, possibly temporary, for the exercise of consular skills in the given country.
Consular skills are exercised in accordance with international law.
Art. 3. The King appoints the head of the consular post. He may appoint non-Belges at the head of an honorary consular post.
The other consular officials and the head of the consular agency are respectively appointed or engaged by the Minister.
Before taking up their duties, the consular officials take the following oath before the head of the consular post: "I swear to perform the consular duties entrusted to me conscientiously and in accordance with Belgian and international rules. "
Art. 4. The head of the consular post shall serve as consular officers. If this Code does not otherwise exist, it shall be replaced by the consular officer assigned to that position, who is of the highest class, on his or her own motion.
The head of a consular agency is placed under the authority of the head of consular post of which he depends and does not exercise the consular functions. It shall not, on its own initiative, exercise any of the powers referred to in this Code.
Without prejudice to the competence of courts and tribunals or prosecutors, the Minister shall exercise the hierarchical authority over all consular functions, including civil status and notariat. For the exercise of civil status and notariat skills, consular officials fall under the Act of 10 February 2003 on the responsibility of and for staff serving public persons. They receive legal assistance like members of federal public services.
The King organizes the replacement of the honorary consular postmaster.
Art. 5. The King sets out the modalities under which consular functions are exercised. It also sets out the internal organization of the consular post. The King can delegate the execution to the minister.
Art. 6. Consular officials who are deemed competent in civil status or notariat under this Code are required to refuse their assistance if the laws of the State of residence oppose them and the act is intended to be used in the State of residence.
Section 3. - Civil status
Art. 7. Civil status skills are exclusively related to:
1° the birth and death of Belgians provided that the birth or death occurred within the consular district and the declarations of a child without life of which one of the parents is Belgian;
2° the acts of recognition of children provided that the author, the child to be recognized as Belgian and that one of them has his habitual residence within the consular district;
3° the joint declaration provided for in Article 316 bis of the Civil Code provided that the birth of the child is performed by the head of the career consular post;
4° the acts referred to in Article 335 of the Civil Code relating to the name of recognized children, provided that the child is Belgian and has his habitual residence within the consular district.
Art. 8. The head of a career consular post shall establish the civil status acts referred to in Article 7.
The jurisdiction, other than that referred to in Article 7, 2°, 3° and 4°, is exercised only by the heads of a career consular post whose consular district is located outside the European Union.
Art. 9. The head of an honorary consular post may exercise the powers referred to in section 7 only if authorized by the Minister for that purpose. This mandate can only be granted to the heads of an honorary consular post whose consular district is located outside the European Union.
Art. 10. The competencies referred to in Article 7 shall be exercised with the following conditions:
1° compliance with the legislation in force in Belgium in the field of civil status;
2° respect for international law binding Belgium.
Consular acts which do not meet all the formal requirements prescribed by Belgian law only because of the place of the establishment of the act abroad are nevertheless valid.
Art. 11. Competent consular officials under this Code may, if necessary, be assisted in the performance of their duties by an interpreter or a sworn translator. The costs associated with this intervention are borne by the parties to the act.
Jurified interpreters and translators are solely responsible for the damage or adverse consequences that would result from their intervention to the parties.
Art. 12. Persons who acquire the status of a refugee or stateless person in accordance with the international agreements that bind Belgium and have their habitual residence in Belgium are assimilated to Belgians for the purposes of this chapter.
As part of the exercise of consular protection for third countries, the King may provide that civil status skills may also be exercised for nationals of countries for which protection is exercised.
As part of the exercise of consular services by third countries, the King determines on what conditions the civil status acts for Belgians by the consular authorities of these third countries are recognized in Belgium.
Art. 13. Birth certificates must be written within 30 days of delivery.
The birth is declared by the father, the mother, by the two parents or, where the parents abstain from making the declaration, by the doctors, the person who exercises the direction of the institution where the birth took place, or by the midwives or other persons present during the birth.
Art. 14. Death certificates must be written within 30 days of a doctor's death.
The death certificate is written on a statement by a family member, an ally or a knowledge of the deceased.
At the time of the declaration, a statement is made by the physician or person who is in the direction of the hospital or institution where the death occurred or was found.
The officer of the civil status of the deceased's home in Belgium or, failing that, that of the last residence in Belgium or, failing that, that of the city of Brussels, ex officio writes the death certificate of the Belgian who died abroad outside the consular district of any Belgian consulate. This act is written within 30 days after the civil status officer was aware of the death.
Art. 15. When the declaration of birth or death takes place after the expiry of the time limits set out in sections 13 or 14, the consular official shall issue a record in three copies of that late declaration.
A copy is given to the declarant and a copy is sent to the King's prosecutor near the public prosecutor in Brussels. The third copy is retained in the archives of the post.
The person concerned must file an application with the Brussels Court of First Instance in order to obtain, on the basis of the minutes of late declaration, a finding of birth or death. If the Crown has not filed an application in the month following the date of the late return report, the King's Prosecutor may file an application for the finding of birth or death with that court of law.
The judgement is transcribed at the request of the King's Prosecutor in the registers in the course of the civil status of the consular post where the minutes were written.
If the report has been written in German, the King's prosecutor near the prosecutor's office in Eupen and the court of first instance in Eupen are competent.
Art. 16. The Court of First Instance in Brussels is competent for the rectification and destruction of civil status acts written by consular officials.
If the act was written in German, the court of first instance in Eupen is competent.
Art. 17. The obligation of information referred to in section 50 of the Civil Code is waived if the act was written by a consular officer.
Section 4. - Notariat
Art. 18. Notarial skills are exclusively concerned:
1° the acts and contracts concerning property located or cases to be dealt with in Belgium;
2° marriage contracts and acts related to a modification of the matrimonial regime, provided that at least one of the parties is Belgian;
3° all acts including provisions of last will and the acts and minutes which relate to it as long as the testator is Belgian;
4° all acts that give consent to adoption or adoption of the whole, regardless of the nationality of the person giving consent, provided that the person who needs consent is Belgian;
5° the issuance of compliant copies and excerpts of the acts passed in minute held at the consular station.
Consular officials may request the parties to file a model of the act to be passed, prepared by a Belgian notary.
Art. 19. The head of a career consular post whose consular district is located outside the European Union is competent to pass the notarial acts referred to in Article 18.
Art. 20. The head of an honorary consular post may exercise the powers referred to in section 18 only if authorized by the Minister for that purpose. This authorization can only be granted to the heads of an honorary consular post whose consular district is located outside the European Union.
Art. 21. The powers referred to in section 18 shall be exercised with the following conditions:
1° within the consular district of the consular post and for the Belgians and non-Belges who have their habitual residence in the consular district;
2° compliance with the legislation in force in Belgium in the field of notariat;
3° respect for international law binding Belgium.
Acts that do not meet all the formal requirements prescribed by Belgian law only because of the place of the establishment of the act abroad are nevertheless valid.
Art. 22. Competent consular officials under this Code may, if necessary, be assisted in the performance of their duties by an interpreter or a sworn translator. The costs associated with this intervention are borne by the parties to the act.
Jurified interpreters and translators are solely responsible for the damage or adverse consequences that would result from their intervention to the parties.
Art. 23. Consular officials who are deemed competent under this Code in respect of notariat may refuse to cooperate if they are prevented by a legal or factual difficulty.
Art. 24. Persons who acquire the status of a refugee or stateless person in accordance with the international agreements that bind Belgium and have their habitual residence in Belgium are assimilated to Belgians for the purposes of this chapter.
As part of the exercise of consular protection for third countries, the King may provide that notarial skills may also be exercised for nationals of countries for which protection is exercised.
As part of the exercise of consular services by third countries, the King determines according to which conditions of notarial acts for Belgians by the consular authorities of these third countries are recognized in Belgium.
Art. 25. The fees and allowances set out in Belgian legislation and the orders relating to the rates and the collection of fees of notaries are collected for the benefit of the separate State service referred to in Article 14 of the Programme Law of 27 December 2005.
An honorary consul who exercises notarial jurisdiction shall be entitled to the entire fee.
Section 5. - Records and directories
Art. 26. For each calendar year, the consular post maintains a duplicate civil registry. Records are closed at the end of each year. A copy is immediately filed in the archives of the post. The second copy is sent to the Minister who deposits it in the archives of the Department of Foreign Affairs. The Minister or an employee designated for this purpose may issue certified copies or excerpts in accordance with these records. Extracts from civil status acts may, in accordance with international agreements in force in Belgium, be issued on a multilingual form.
Art. 27. Civil registration records are also stored electronically. This electronic registry is in full compliance with the records referred to in section 26. Copies and extracts issued on the basis of this register have the same legal value as those issued on the basis of the records referred to in section 26.
Art. 28. Copies and extracts of civil status documents issued by the competent consular officials and used in Belgium are exempted from any form of legalization. The acts of civil status issued by Belgian civil servants or by Belgian authorities are exempted from any form of legalization during their presentation to a Belgian consular post.
Art. 29. In order to be able to form a notarial directory, notarial acts are recorded on separate leaves, not in their entirety but in the form of a brief summary.
These summaries are attached and linked in an inseparable way as a directory in the chronological order, following the date of the signature of the acts.
For each calendar year, the consular post holds a notarial directory in duplicate. The directories are closed at the end of each year. A copy is immediately filed in the archives of the post. The second copy is sent to the Minister who deposits it in the archives of the Department of Foreign Affairs.
Notarial directories are also stored electronically. This electronic directory is in full compliance with the directory referred to in paragraph 2.
Minutes of notarial acts are kept in the archives of the consular post.
Art. 30. Notarial acts passed by the competent consular officials and used in Belgium are exempted from any form of legalization.
Section 6. - Nationality
Art. 31. The head of a career consular post is competent to:
1° to conduct acts and to make transcripts concerning Belgian nationality in accordance with the Belgian Nationality Code;
2° issue certificates of nationality under the conditions provided by the King.
Art. 32. The competencies referred to in section 31 shall be exercised with the following conditions:
1° within the consular exchange of the consular post and for the Belgians who have their habitual residence in the consular district;
2° for non-Belges who have their principal residence in the consular district;
3° conformity with the legislation in force in Belgium in the field of nationality;
4° respect for international law binding Belgium.
Acts that do not meet all the formal requirements prescribed by Belgian law only because of the place of the establishment of the act abroad are nevertheless valid.
Section 7. - Legalization and examination of foreign documents
Art. 33. The head of a career consular post is competent to legalize judicial decisions or authentic acts from abroad in accordance with Article 30 of the Private International Law Code.
The head of an honorary consular post may exercise these powers only if authorized by the Minister.
The application of a legalization formula results in the collection of a consular tax as provided for in sections 44 and 45 of this Code.
The King sets the rules on how legalization is carried out.
Art. 34. When a serious doubt exists about the authenticity of a judicial decision or an authentic act emanating from abroad or if there are serious doubts about the authenticity of the content of a judicial decision or an authentic act emanating from abroad, any Belgian authority to which the document is submitted may request an inquiry into the authenticity, conformity with local legislation or the authenticity of the contents of the document.
The investigation is conducted under the direction of the career consular post in the consular district of which the act was established.
The investigation is conducted by one of the following entities:
1° the career consular post itself;
2° via the services of a career consular post of a Member State of the European Union;
3° via a person designated for this purpose by the career consular post that has the required expertise.
In this context, both the competent local administrations, the competent central administrations and the persons who were present at the event described in the act may be questioned.
The possible costs of the investigation are borne by the person(s) involved in the document or by the person who submits the document if the investigation demonstrates that the document is false, is not in accordance with local legislation or is not authentic with respect to its content.
The result of the investigation is mentioned on the act.
Section 8. - Consular registers of the population
Art. 35. Each career consular post maintains a consular register of the population. The Minister shall designate honorary consular posts where such a register is held.
Belgians who establish their habitual residence in the consular district of the consular post and are not registered in the consular registers of the population of a Belgian commune may be registered in this register.
In addition, non-Belges may be registered as part of the household of a Belgian registered in the consular register of the population held by a career consular post and resident in the consular district of that position.
Administrative assistance is granted only to the Belgians who are registered in the consular registers of the population. Administrative assistance to Belgians who are not registered in these registers is limited to the issuance of provisional travel documents if the conditions of issue are met.
Art. 36. In addition to the information that the law expressly prescribes to register, the consular registers of the population refer to the information relating to the identification and location of the registered persons and the information necessary to link with the files of the central administration. The King fixes the nature of these data.
The rules relating to the communication of this information to third parties are those in force for the communication of information contained in the registers of the population of Belgium.
The data that are necessary for the evacuation of Belgians in emergency situations can be transmitted to the career consular posts of the European Union which are responsible for the consular protection of Belgian nationals.
The King sets out the conditions under which the data is kept.
Art. 37. The change in the habitual residence of a Belgian abroad is noted by a statement to the consular post in the form fixed by the King and in accordance with the rules established by the Minister.
Art. 38. In the event of a difficulty or challenge in the matter of habitual residence abroad, the Minister, or the employee designated for that purpose, shall determine the place of the person, if any after an investigation.
In the event of a dispute regarding the establishment of the habitual residence abroad or in Belgium, the Minister who has the Interior in his or her powers determines the place of the residence in accordance with section 8 of the Act of 19 July 1991 on the registers of the population, identity cards, foreign cards and residence documents and amending the Act of 8 August 1983 organizing a National Register of Physical Persons.
Art. 39. An identity card is issued to each of the 12-year-old Belgians who are registered in the consular registers of the population of a Belgian consular post.
The identity card issued by the consular post has identical characteristics to those referred to in the aforementioned Act of 19 July 1991.
The identity card issued by the consular post remains valid for the duration indicated on the map in case of departure of the Belgian concerned for Belgium provided that the Belgian is registered in the registers of the population of a Belgian commune in the period prescribed by the regulations in force.
The identity card issued by the consular post remains valid for the duration indicated on the card in case of registration in another consular post.
The identity card issued by a Belgian commune remains valid for the duration indicated on the map in case of departure abroad of the Belgian concerned provided that the latter is removed from the population registers of the Belgian commune and is registered in the consular registers of the population of its main residence.
If a warrant of arrest or any other judicial order or judicial decision of deprivation of liberty has been taken against the applicant or if the applicant is the subject of a search warrant or if the applicant has a provisional or conditional release measure with a prohibition of travel abroad, the identity card is issued only after the Minister's formal agreement.
To children under the age of twelve who are registered in the consular registers of a Belgian post, an identity document may be issued. The King sets its shape and content.
Art. 40. The Minister determines the amount of costs related to the manufacture and issuance of the identity card and identity document for children under the age of 12.
Art. 41. The King may decide that the rules of this chapter also apply to European Union nationals for whom Belgian career consular posts provide consular services in accordance with international law binding Belgium.
Section 9. - Consular fees
Art. 42. Consular fees are set out in Schedule 1re.
The amount of the right of chancery taken from the acts issued in Belgium by the Minister or by the administrative authorities designated for that purpose is set out in Appendix 2.
Art. 43. Free is granted in full law in case of justified indigence.
In the case of acts submitted by a foreigner, however, the gratuity of the head of indigence is granted only if the acts have been freed or legalized by the authorities of his country.
Free admission is also granted in full right:
1° for acts and documents of public or administrative interest;
2° for acts claimed, in their official capacity, by officials of third countries, for their personal use or for their follow-up, subject to reciprocity;
3° for social security acts and documents, including pensions;
4° for visas valid for one or more trips, displayed in the passport of non-Belges who do not have the nationality of one of the Member States of the European Union, when they are:
(a) the spouse or children who have not reached the age of eighteen years of a national of one of the above-mentioned member states;
(b) any other member of the family of the same national or his spouse, who is at his or her expense or lives under his or her roof.
The King determines which other acts can benefit from gratuity.
Free or reduced consular fees set out in Schedule 1re are acquired under the arrangements that the King would enter into with third countries under the condition of reciprocity.
Art. 44. Consular fees are collected either in a legal currency of the place of collection or, if the circumstances require, in another currency in the course of the exchange established by the Minister or by the agent designated for that purpose.
Art. 45. Consular fees collected under Schedule 1re are paid in full to the treasury when they have been collected by agents deriving from the state budget.
Art. 46. The taxes collected by the head of an honorary consular post are acquired to him at a maximum fixed by the King.
The surplus is paid to the Treasury.
In the event of a change of licensee in the course of the fiscal year, the calculation of the share of the quotities to each of the agents concerned shall be carried out taking into account this maximum and the prorated duration of the function of the persons concerned.
Art. 47. Consular officials are exempted from providing bail in order to ensure that the monies to the Consolidated Revenue Fund are provided on the perceptions made under this Code.
Art. 48. The manner in which consular taxes are collected, remittance, accounting and the terms and conditions of application of this Code are determined by the Minister.
Art. 49. Where circumstances require, the King may amend or supplement Schedule 1re and 2.
The King sets the amount of consular fees when local circumstances result in the issuance of acts that are not provided for in Schedule 1re and 2.
Section 10. - Passports
Art. 50. Any Belgian who proves his or her identity and nationality has the right to enter or return to the Kingdom, even without an identity card, passport or Belgian travel document.
In the event of a doubt about identity or nationality, the individual produces the required supporting documents confirming identity or nationality.
Art. 51. The Minister delivers Belgian passports and travel documents.
Art. 52. A Belgian passport or travel document is a personal document and is only validly used by its holder.
Art. 53. A Belgian passport or travel document contains the following data:
1° the identity of the holder: his name and first name, date of birth, place of birth and sex;
2° nationality or refugee status recognized or stateless;
3° the issuing authority and the validity period;
4° the photo of the holder, the face being completely discovered;
5° the signature of the holder;
6° two fingerprints of the holder unless the fingerprint is exempted;
7° the passport number;
8° the ISO code of the country of issue;
9° the chip serial number;
10° the letter "P" for the type of document in accordance with OACI recommendations.
If the holder cannot sign, this is indicated on the Belgian passport or travel title with the reference "exempted".
Art. 54. The Minister may decide to include certain machine-readable additional data and to incorporate biometric data into Belgian passports or travel documents only if they are necessary for a better and more effective automatic identification. These biometric data are mentioned in electronic form in the Belgian passport or travel title. The holder of the passport or travel document has the right through the procedure determined by the Minister to know what is mentioned in electronic form in his passport or travel document.
Art. 55. A Belgian passport or travel title is the property of the Belgian State and is, on request and during its validity period, only made available to the holder.
Unless the Minister decides otherwise, a person has only one passport or Belgian travel document valid at any time.
The Belgian passport or travel document ceases to be valid:
1° at the expiry of the period of validity,
2° when damaged,
3° when the photo no longer resembles the holder,
4° where the holder has lost Belgian nationality or refugee or stateless status attributed by Belgium or his right to a Belgian travel title referred to in Article 57, paragraph 1er3°, c).
Upon expiry of the validity period, the holder of the Belgian passport or travel document shall present it to the competent authority for invalidation.
Art. 56. The terms and conditions under which information concerning Belgian passports and travel documents issued as well as the biometric data contained therein are registered and stored and may be transmitted to other authorities are determined by law.
Art. 57. The Minister issues the following Belgian passports and travel documents:
1° the Belgian ordinary passport only issued to the Belgians, valid for all countries and valid for up to ten years; the King shall determine its effective duration;
2° the Belgian diplomatic or service passport, issued to the Belgians on the basis of a Belgian federal administration or to a community or regional administration under the legislative, executive or judicial power, of a term of validity of not more than 10 years; the King shall determine its effective duration;
3° the travel titles for non-Belges which benefit in Belgium of an indefinite period of stay, of a validity of two years for:
(a) refugees recognized by Belgium;
(b) Stateless persons recognized by Belgium;
(c) non-Belges not recognized as a refugee or stateless person by Belgium and for which there is no foreign national administration or recognized international organization competent or capable of issuing passports or travel documents;
4° the provisional travel documents for Belgians, refugees and stateless persons recognized and established in Belgium, of a term of validity of up to one year.
The Minister shall determine the terms and conditions for the quality of persons or family members referred to in paragraph 1er, 2°, shall have in order to validly introduce the request for the issue of this type of passport;
The Minister shall determine the terms and conditions for the issuance of the provisional travel documents referred to in paragraph 1erFour.
Art. 58. The Minister empowers the following administrations to issue Belgian passports and travel documents:
1° in Belgium: the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation, the Ministry of Defence and the decentralized authorities designated by the Minister;
2° abroad: Belgian career consular posts.
The issue of the Belgian ordinary passport is carried out by the authority referred to in paragraph 1er, 1° or 2°, competent for the applicant's domicile. The Minister determines under what circumstances the passport may be issued by another authority.
The Belgian diplomatic passport and the Belgian service passport are issued exclusively by the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation or the territorially competent Belgian career consular post. The Service Passport is issued by the Ministry of Defence, for military mission officers abroad.
The provisional travel title is issued in Belgium by the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation or, abroad, by the career consular post or, under the responsibility of the territorially competent consular post, by the Belgian honorary post designated by the Minister.
Art. 59. Any application for a Belgian passport or travel document is admissible when the applicant proves its Belgian identity and nationality or the status referred to in article 57, paragraph 1er, Three.
Art. 60. The application for a Belgian travel title by a non-Belge is admissible only if it meets the following conditions:
1° he proves his identity and nationality or status;
2° it enjoys in Belgium an indefinite period of stay;
3° he proves that he cannot obtain a national passport or travel title;
4° it is not subject to a limiting judicial measure of freedom;
5° there are no measures provided by law that limit freedom of movement for the protection of national or public security, the maintenance of public order, the prevention of criminal offences, the protection of health or morals or the protection of the rights and freedoms of others.
Art. 61. The application for a Belgian passport or travel document for minors is admissible only if it is introduced by the person, persons or bodies exercising parental authority.
Art. 62. The issuance of a Belgian passport or travel document is denied:
1° if the applicant has provided inaccurate data concerning his nationality or identity,
2° if the applicant is subject to a limiting judicial measure of freedom,
3° during an ongoing investigation into an offence referred to in article 199bis of the Criminal Code,
4° if the applicant is subject to legal measures that limit the freedom of movement for the protection of national or public security, the maintenance of public order, the prevention of criminal offences, the protection of health or morals or the protection of the rights and freedoms of others.
Art. 63. The Minister sets out a procedure for consultation with administrative, judicial and police authorities on whether or not there are limiting judicial measures of freedom.
The Belgian administrative, judicial and police authorities provide the Minister with initiative on which Belgians and stateless persons and refugees are recognized subject to a limiting measure of freedom or measures provided for by law that limit freedom of movement for the protection of national or public security, the maintenance of public order, the prevention of criminal offences, the protection of health or moral rights or the protection of the right to travel
Art. 64. Belgian passports and travel documents are removed and invalidated under the conditions specified in article 62.
Art. 65. The refusal to issue a Belgian passport or travel document is lifted:
1° as soon as the nationality and identity of the applicant is legally established;
2° at the end of the police or judicial investigation by which the person concerned receives a non-court decision;
3° as soon as the limiting measure of liberty is lifted or if the penalty is suspended or executed or if the person concerned is released on parole without limitation of his freedom of movement;
4° as soon as the measures provided by the law limiting freedom of movement for the protection of national or public security, the maintenance of public order, the prevention of criminal offences, the protection of health or morals or the protection of the rights and freedoms of others have been lifted by the competent authority.
However, the Minister may refuse the issuance of a Belgian passport or travel document on the reasoned opinion of a competent authority to that effect if the applicant clearly presents a substantial risk to public order or public security.
The Minister may, prior to the issuance of a Belgian passport or travel document, request at any time the competent authority to conduct an investigation. Pending the outcome of the investigation, the issuance of the passport or travel document is suspended.
Art. 66. The issuance of a Belgian passport or travel title results in the collection of a consular tax referred to in Chapter 9.
Free access may be granted under the conditions set out in Chapter 9.
Art. 67. The technical specifications of Belgian passports and travel documents are secret.
Section 11. - Consular certificates
Art. 68. The head of a career consular post delivers consular certificates. The Minister shall determine the conditions under which such certificates are issued.
Art. 69. The head of a career consular post shall issue to Belgians who wish to enter into marriage within the jurisdiction of his consular district, at their request, a certificate of non-prevention of marriage from which it appears that no legal objection exists under Belgian law with respect to marriage, if the foreign authority requires the production of that certificate.
Art. 70. The certificate is issued only if it appears from the investigation that the applicant meets, according to Belgian law, the qualities and conditions required to enter into marriage.
Upon application of the certificate, the applicant domiciled abroad must elect domicile in Belgium for correspondence and notifications.
If it is not satisfied with the qualities and conditions required to enter into marriage or in the event of serious doubts as to the satisfaction of the qualities and conditions required, the head of the career consular post shall communicate the application for a certificate to the competent King's prosecutor and inform the applicant of it.
Art. 71. Within three months of the receipt of the application of the certificate, whose career consular post acknowledges receipt at the time of the introduction of the application, the King's attorney may object to its issuance. It may extend the maximum of two months. Where applicable, the applicant shall promptly inform interested parties, the career consular position to which the attestation has been requested, the Aliens Office and the civil status officer of the applicant's residence in Belgium, of its reasoned opposition.
The adjournment of the opposition may be requested in the month of the notice of the opposition to the Court of First Instance of the Crown Prosecutor's jurisdiction which opposed the issue of the certificate. The judge shall rule at short notice.
In the event of a failure by the King's Prosecutor within the period referred to in paragraph 1erthe head of the career consular post shall forthwith issue the certificate.
Section 12. - Births and deaths on ships
and aircraft
Art. 72. When the next place of a ship is located in a third country, the certified true copy of the birth certificate or death certificate, established in accordance with sections 59 or 86 of the Civil Code, is transmitted by the commander to the career consular post in the consular district of which the port is located.
If it is a birth certificate, the consular official sends a certified copy of the act to the civil status officer of the home in Belgium of one of the parents. If neither of the two parents has a domicile in Belgium, a certified copy of the act is transmitted to the civil registry officer of the city of Brussels.
If it is an act of death, the consular official shall send a certified copy of the act to the civil registry officer of the deceased's home in Belgium. If the deceased has no domicile in Belgium, a certified copy of the act is transmitted to the civil registry officer of the city of Brussels.
Art. 73. When the first landing site is located abroad, the certified true copy of the birth certificate or death certificate established pursuant to section 7 or 7 bis of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation is transmitted by the commander of the Belgian aircraft to the career consular post in the consular district of which the airport is located.
If it is a birth certificate, the consular official sends a certified copy of the act to the civil status officer of the home in Belgium of one of the parents. If neither of the two parents has a domicile in Belgium, a certified copy of the act is transmitted to the civil registry officer of the city of Brussels.
If it is an act of death, the consular official shall send a certified copy of the act to the civil registry officer of the deceased's home in Belgium. If the deceased has no domicile in Belgium, a certified copy of the act is transmitted to the civil registry officer of the city of Brussels.
Art. 74. When the first landing site is located abroad, the two certified copies of the report prepared in accordance with section 7quater of the Act of 27 June 1937 revising the Act of 16 November 1919 on the regulation of air navigation are transmitted by the commander of the Belgian aircraft to the career consular post in the consular district of which the airport is located.
The consular official shall send a certified copy of this report to the competent judicial authority for the landing site.
It sends a second certified copy of this report to the Crown Prosecutor's Office in Brussels if it is a Belgian or the competent foreign consular authority if it is a non-Belge.
CHAPTER 3. - Amendments
Art. 3. In section 60 of the Civil Code, as amended by the Act of March 31, 1987, the following amendments are made:
1° to paragraph 1erthe words "knowing" and "and in a foreign port in the consul's hands" are repealed;
2° in paragraph 2, the words "or at the consulate's chancery" are repealed.
Art. 4. In section 7ter of the Act of 27 June 1937 revising the Act of 16 November 1919 relating to the regulation of air navigation, inserted by the Act of 4 August 1967, the following amendments are made:
1° to paragraph 1er2° is repealed;
2° in paragraph 2, the words "or diplomatic or consular officer" are repealed.
Art. 5. In section 7quater, paragraph 3, of the Act, inserted by the Act of 4 August 1967, (b) is repealed.
Art. 6. In section 14 of the Program Law of 27 December 2005, the words ", consular assistance, registers, directories, certificates referred to in the Consular Code" are inserted between the words "for Belgians abroad" and the words "and legalizations".
CHAPTER 4. - Abrogatory provisions
Art. 7. Are repealed:
1° the Act of 31 December 1851 on consulates and consular jurisdiction;
2° the Act of 10 July 1931 concerning the competence of diplomatic and consular agents in matters notaria;
3° the Act of 12 July 1931 concerning certain acts of civil status and the competence of diplomatic and consular officials in matters of civil status;
4° the Act of 14 August 1974 on the issue of passports;
5° the Act of 30 June 1999 concerning the tariff of consular fees and of chancery fees;
6° the Act of 26 June 2002 on consular registers of the population and identity cards;
7° Article 165, § 2, paragraph 2, of the Civil Code;
8° Article 170bis of the Civil Code.
CHAPTER 5. - Entry into force
Art. 8. This Act comes into force on the date fixed by the King.

ANNEXES
Annex 1re - Consular fees to be collected
by Belgian diplomatic and consular representations abroad

Annex 2 - Rate of Chancery Fees to be collected
within the Kingdom

Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 21 December 2013.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Note
(1) Session 2012-2013:
House of Representatives.
Documents. - Bill, 53-2841/1. - Report made on behalf of the commission, 53-2841/3. - Text corrected by the commission, 53-2841/4. - Text adopted in plenary and transmitted to the Senate, 53-2841/5.
Full report: 10 October 2013.
Session 2013-2014:
Senate.
Project transmitted by the House, 53-2300/1. - Report made on behalf of the Commission, 53-2300/2. - Text corrected by the commission, 53-2300/3. - Text adopted in plenary and subject to Royal Assent, 53-2300/4.
Annales of the Senate: November 21, 2013.