Law On Consular Code

Original Language Title: Loi portant le Code consulaire

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Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2014015009&caller=list&article_lang=F&row_id=1000&numero=1006&pub_date=2014-01-21&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2014-01-21 Numac: 2014015009 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 21 December 2013. -Law concerning consular Code PHILIPPE, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Chapter 1. -Available general Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
CHAPTER 2. -The Code consular art.
2. the following provisions form the consular Code.
CONSULAR CODE Chapter 1. -Definitions Article 1. For the purposes of this Code and its execution orders, means: 1 ° consular post: any consulate-general, Consulate, vice-consulate or consular agency;
2 ° consular district: the territory assigned to a consular post for the exercise of consular functions;
3 ° career consular: consular office under the direction of a consular officer's career;
4 ° head of consular post: a person to act in that capacity;
5 ° honorary consular: consular post headed by an honorary consular officer who is not in the budget of the State;
6 ° consular officer: any person, including the head of a consular post, entrusted in that capacity for the exercise of consular functions;
7 ° consular agency: any consular office belonging to an existing consular post established outside its headquarters.
8 ° consular duties: the duties set out in this Code and other laws as well as the consular functions provided for by international law.
9 ° home: the place where a natural person has his principal residence according to the consular records of the population;
10 ° habitual residence: the place where an individual is legally established principally, even in the absence of registration. To determine this place, account shall be taken of the personal or professional circumstances that reveal connections with this place or willingness to forge such links;
11 ° the Minister: the Minister who has the Foreign Affairs in his or her attributions;
12 ° consular fees: rights that consular posts are empowered to take on the issue of certain documents or instruments;
13 ° Belgian passport: a travel document only issued to Belgians, which comes in the form of a booklet which content and form are established by international agreements;
14 ° Belgian travel: a travel document issued in special circumstances to Belgians and of Belgians. This document can take other forms than a booklet;
15 ° consular registers of population: population registers held in consular posts.
Chapter 2. -Consular posts art. 2. the King can establish consular posts in foreign cities.
He fixed the seat and the class and determines the consular district of the consular post.
It may decide to establish the seat of the consular post in the bsstiments of a diplomatic mission Belgian or a diplomatic or consular post of Member States of the European Union representation.
If in a country provided, no Belgian consular post is established or if, due to exceptional circumstances, the consular post is not functioning normally, the Minister may designate a consular post located in a neighbouring country; which is competent, possibly temporarily, for the exercise of consular powers in a given country.
Consular powers are exercised in accordance with international law.
S. 3. the King appoints the head of the consular post. It may appoint some Belgians at the head of a honorary consular post.
Other consular officials and the head of the consular agency are respectively appointed or engaged by the Minister.
Before taking their function, consular officers take the oath according to the head of the consular post: "I swear to perform consular duties entrusted to me faithfully and in accordance with the Belgian and international rules.".
S.
4. the head of the consular post exercises consular functions. If this Code does not provide otherwise, it is replaced office, in case of absence or impediment, by the consular officer assigned to this position, which is of the highest class.
The head of a consular agency is placed under the authority of the head of the consular post it depends and does not exercise consular functions.
It cannot, on its own, exercise any of the powers referred to in this Code.
Without prejudice to the competence of courts and tribunals or floors, the Minister exercises hierarchical authority on all consular functions, including marital status and notaries. For the exercise of civil and notarial profession skills, consular officials fall under the application of the Act of February 10, 2003 of responsibility and for members of staff in the service of public entities. They benefit from assistance in justice like the members of the federal public service.
The King organized the replacement of the head of honorary consular post.
S.
5. the King lays down the procedures whereby consular functions are carried out. It also establishes the internal organisation of the consular post. The King may delegate execution to the Minister.
S.
6. consular officials declared competent in civil status or notarization under this Code are required to refuse assistance if the laws of the State of residence are opposed and that the Act is intended to be used in the State of residence.
Chapter 3. -Vital art.
7 vital skills relate exclusively to: 1 ° the acts of birth and death of Belgians provided that the birth or death occurred in the consular district as well as the declaration of child lifeless acts whose one of the parents is Belgian;
2 ° the acts recognising child provided that either the author or the child to recognize is Belgian and that one of them has his habitual residence in the consular district;
3 ° the joint declaration provided for in article 316bis of the civil Code provided that the birth of the child to be unanimously approved by the head of the consular office of career;
4 ° the acts referred to in article 335 of the civil Code concerning on behalf of children recognized, provided the child is Belgian and he has his habitual residence in the consular district.
S. 8. the head of a consular post of career establishes the civil status acts referred to in article 7.
Jurisdiction, other than that referred to in article 7, 2 °, 3 ° and 4 °, is only exercised by the heads of a consular office of career whose consular district is located outside the European Union.
S. 9. the head of a honorary consular post may exercise the powers referred to in article 7 if it is authorized for this purpose by the Minister. This mandate can be given to the heads of honorary consular post whose consular district is located outside the European Union.
S. 10. the skills referred to in article 7 are exercised, subject to the following conditions: 1 ° compliance to the legislation in force in Belgium in the field of civil status;
2 ° observance of international law binding the Belgium.
The consular acts that do not meet all the requirements of form laid down by Belgian law only because of the place of business of the act abroad are nevertheless valid.
S. 11. the competent consular officials under this Code may, if necessary, be assisted in the performance of their duties by an interpreter or a sworn translator. This intervention costs are borne by the parties to the Act.
Sworn translators and interpreters are solely responsible for damages or consequences that their intervention would entail for the parties.
S. 12. persons who acquire the status of refugee or stateless person in accordance with the international agreements that bind the Belgium and who have their habitual residence in Belgium, are assimilated to the Belgians for the purposes of this chapter.
In the context of the exercise of consular protection for third countries, the King may provide that vital skills may also be exercised for nationals of countries for which protection is carried out.
In the context of the exercise of consular services by third countries, the King determines under what conditions of the civil status acts prepared for Belgians by the consular authorities of these third countries, are recognized in Belgium.
S. 13. birth certificates must be written within 30 days after delivery.
Birth is declared by the father, the mother, by both parents or, where they refrain from making the declaration, by doctors, the person who has the direction of the institution where the birth took place or by midwives or other persons present during childbirth.
S. 14. the acts of death must be written within 30 days after the finding of death by a doctor.
The death certificate is prepared on declaration of a member of the family, an ally or a knowledge of the deceased.
At the declaration, it is presented a certificate from the physician or person exercising the direction of the hospital or institution where the death occurred or was found.
The officer of the civil status of the home

of the deceased in Belgium or, failing that, as the last residence in Belgium or, failing that, of the city of Brussels, writes ex officio the death certificate of the deceased Belgian abroad outside the jurisdiction of any Belgian Consulate. This Act is written within 30 days after the officer of civil status has been informed of the death.
S. 15. when the declaration of the birth or death occurs after the expiry of the time limits fixed in articles 13 or 14, the consular officer up a report in three copies of this late reporting.
A copy shall be returned to the declarant and a copy is sent to the prosecutor about the Prosecutor's office in Brussels. The third copy shall be kept in the archives of the post.
The person concerned must file an application with the Court of first instance of Brussels to obtain, on the basis of the minutes of late reporting, a judgment finding the birth or death. If he has not filed an application in the month following the date of the minutes of late reporting, King's attorney may file Office the request from observation of the birth or death to this tribunal.
The judgment is transcribed at the request of the Prosecutor of the King in the registers under the civil status of the consular office where the record was written.
If the record has been written in German, the Attorney for King near the Prosecutor's office in Eupen and the Court of first instance in Eupen are competent.
S.
16. the Court of first instance in Brussels is responsible for the rectification and the destruction of the civil status acts written by consular officials.
If the Act was written in German, the Court of first instance in Eupen is competent.
S. 17. the obligation of information referred to in article 50 of the civil Code is thrown if the Act has been issued by a consular officer.
Chapter 4. -The notary art. 18. the notarial powers relate only to: 1 ° the acts and contracts concerning property situated or business idea 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 wills and acts and records relating thereto provided that the testator be Belgian;
4 ° all acts with consent to adoption or plenary adoption, regardless of the nationality of one who gives his consent, provided that the person who has the consent is Belgian;
(5) issuing copies and extracts from the acts passed in minute kept at the consular post.
Consular officers may request the parties to file a model of the Act to pass, established by a Belgian public notary.
S. 19. the head of a consular post of career whose consular district is located outside the European Union is competent to pass notarial acts referred to in article 18.
S. 20. the Chief of a honorary consular post may exercise the powers referred to in article 18 only where it has been authorised for this purpose by the Minister. This permission cannot be granted to heads of honorary consular post whose consular district is located outside the European Union.
S. 21. the skills referred to in article 18 are carried subject to the following conditions: 1 ° in the consular district of the consular post and for the Belgians and nationals who have their habitual residence in the consular district;
2 ° compliance with the legislation in force in Belgium in the field of the notarial profession;
3 ° observance of international law binding the Belgium.
Acts which do not meet all the requirements of form laid down by Belgian law only because of the place of business of the act abroad are nevertheless valid.
S. 22. the competent consular officials under this Code may, if necessary, be assisted in the performance of their duties by an interpreter or a sworn translator. This intervention costs are borne by the parties to the Act.
Sworn translators and interpreters are solely responsible for damages or consequences that their intervention would entail for the parties.
S. 23. consular officers declared qualified under this Code on notaries, may refuse their collaboration if they are prevented by a difficulty of a legal or factual nature.
S. 24. persons who acquire the status of refugee or stateless person in accordance with the international agreements that bind the Belgium and who have their habitual residence in Belgium, are assimilated to the Belgians for the purposes of this chapter.
In the context of the exercise of consular protection for third countries, the King may provide that expertise of notaries may also be exercised for nationals of countries for which protection is carried out.
In the context of the exercise of consular services by third countries, the King determines under what conditions of the notarial deeds prepared for Belgians by the consular authorities of these third countries, are recognized in Belgium.
S.
25. the fees and allowances which are laid down in the Belgian legislation and orders relating to tariffs and the perception of Notaries fees are collected for the benefit of the service of the State to separate management referred to in article 14 of the programme act of 27 December 2005.
An honorary consul that the notarial jurisdiction is entitled to the entirety of the fees.
Chapter 5. -Registers and directories article 26. for each calendar year, consular office maintains a registry of civil status in duplicate. Records are closed at the end of each year. A copy is immediately deposited in the archives of the post. The second copy is sent to the Minister who shall table in the archives of the Department of Foreign Affairs. The Minister or the officer designated by him for that purpose, may issue copies or compliant certified extracts of the deposited records. Extracts from the acts of civil status may, in accordance with the international agreements in force in Belgium, be issued on form multilingual.
S. 27. the civil status records are also preserved electronically. The electronic register is in perfect conformity with the records referred to in article 26. Copies and extracts issued on the basis of the register shall have the same legal value as those issued on the basis of the registers referred to in article 26.
S. 28. the copies and extracts from civil status documents which are issued by consular officers competent and used in Belgium are exempt from any form of legalization. The acts of civil status issued by Belgian officials of civil status or the Belgian authorities are exempt from any form of legalization during their presentation at a Belgian consular post.
S. 29. in order to establish a notary directory, deeds are inscribed on sheets separate, in their entirety, but in the form of brief summary.
These summaries are attached and connected inseparable way in the form of directory in chronological order, from the date of the signature of the acts.
For each calendar year, the consular post maintains a notarial directory in duplicate. Directories are closed at the end of each year. A copy is immediately deposited in the archives of the post. The second copy is sent to the Minister who shall table in the archives of the Department of Foreign Affairs.
Notary directories are also preserved electronically. This electronic directory is in perfect conformity with the register referred to in paragraph 2.
The minutes of the deeds are kept in the archives of the consular post.
S. 30. the notarial acts which are passed by consular officers competent and used in Belgium are exempt from any form of legalization.
Chapter 6. -Nationality art. 31. the head of a consular post of career is responsible for: 1 ° prepare acts and perform transcriptions of Belgian nationality in accordance with the Code of Belgian nationality;
2 ° issuing certificates of nationality under the conditions laid down by the King.
S. 32. the skills referred to in article 31 are carried subject to the following conditions: 1 ° in the consular district of the consular post and the Belgians who have their habitual residence in the consular district;
2 ° for non-Belgians who have their main residence in the consular district;
3 ° compliance with the legislation in force in Belgium in the field of nationality;
4 ° observance of international law binding the Belgium.
Acts which do not meet all the requirements of form laid down by Belgian law only because of the place of business of the act abroad are nevertheless valid.
Chapter 7. -Legalization and consideration of foreign documents art. 33. the head of a consular post of career is competent to legalize judicial decisions or authentic instruments from abroad in accordance with article 30 of the Code of private international law.
The head of a honorary consular post may exercise these powers unless it has been authorized by the Minister.
The affixing of a formula of legalization gives rise to the perception of a consular fee as provided for in articles 44 and 45 of this Code.
The King lays down rules for the terms that legalization is carried out.
S.

34. when a serious doubt on the authenticity of a judicial decision or an authentic instrument from abroad or if there are serious doubts about the authenticity of the contents of a judicial decision or a deed from abroad, any Belgian authority on which the document is submitted may request an inquiry into the authenticity, compliance with local legislation, or the authenticity of the content of the document.
The survey is conducted under the direction of the consular office of career in the consular district where the Act has been established.
The investigation is carried out by one of the following entities: 1 ° the consular office of career itself;
2 ° through the services of a consular post of a Member State of the European Union career;
3 ° through a person designated for this purpose by the consular office of career which has the necessary expertise.
In this context, both the competent local authorities, central authorities that the persons who were present at the event described in the Act can be queried.
The costs of the investigation are the responsibility of the persons concerned by the document or dependant of one who submits the document if the investigation shows that the document is false, is not in conformity with local legislation or is not authentic in relation to its contents.
The result of the investigation is mentioned on the Act.
Chapter 8. -Consular registers of population s.
35. each consular career consular registers of the population. The Minister shall appoint honorary consular posts where such register is kept.
The Belgians who establish their residence in the consular district of the consular post and not entered in consular registers of the population of a municipality can be registered in this register.
Can also be registered for information, non-Belgians forming part of the household of a Belgian part of the consular of the population register kept by a consular post career and who reside in the consular district of this position.
Administrative assistance is granted only to Belgians who are registered in consular registers of the population. Administrative assistance to Belgians who are not enrolled in these records is limited to the issuance of temporary travel documents if the conditions are met.
S. 36. also the information expressly required by law to record, consular registers of the population mention information relating to the identification and localization of registrants and the information necessary to liaise with the headquarters files. The King fixed the nature of these data.
The rules relating to the disclosure of such information to third parties are those in force for the communication of information contained in the registers of the population of Belgium.
The data which are necessary for the evacuation of Belgians in an emergency situation can be transmitted to EU career consular posts which are in charge of the consular protection of Belgian nationals.
The King lays down the procedures according to which data are stored.
S.
37. the change of the habitual residence of a Belgian abroad is witnessed by a declaration to the consular post in the form determined by the King and in accordance with the rules laid down by the Minister.
S.
38. in the event of difficulty or dispute regarding habitual residence abroad, the Minister, or an official designated by him for that purpose, determines the place, where appropriate after investigation.
In the event of a dispute relating to the establishment of the habitual residence abroad or in Belgium, the Minister who has the Interior in his or her attributions, determines the place thereof in accordance with article 8 of the law 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.
S. 39. an identity card is issued to each Belgian of twelve years and registered in consular registers of the population of a Belgian consular post.
The identity card issued by the consular post features identical to those referred to in the Act of 19 July 1991.
The identity card issued by the consular post shall remain valid for the time stated on the card in case of departure of the Belgian concerned for the Belgium provided that it would enter in the registers of the population of a Belgian municipality in the period provided for by the legislation in force.
The identity card issued by the consular post remains valid for the period indicated on the map if you enlist in another consular post.
The identity card issued by a Belgian municipality remains valid for the period indicated on the map in case of departure abroad of the concerned Belgian provided that it is scratch registers of population of the municipality and is registered in consular registers of the population of his principal residence.
If an arrest warrant or other court order or judicial deprivation of freedom has taken against the applicant or if he is the subject of a search warrant if it enjoys a measure of provisional or conditional release coupled with a prohibition to go abroad, the identity card is issued only after formal approval of the Minister.
The children of 12 years of age entered in consular registers of population of a Belgian post, an identity document can be issued. The King establishes the form and content.
S. 40. the Minister shall determine the amount of the costs to manufacture and issuance of the card and identity document of identity for children under twelve.
S.
41. the King may decide that the rules of this chapter also apply to nationals of the European Union for which the Belgian career consular posts provide consular services in execution of international law binding the Belgium.
Chapter 9. -Consular fees art.
42. the consular fees are laid down in annex 1.
The amount of the registry fees collected on acts issued in Belgium by the Minister or by the administrative authorities designated for this purpose, is fixed in annex 2.
S. 43 free is granted full rights in the case of bona fide indigence.
In the case of acts presented by a foreigner, the head of indigence free however granted only if acts have been issued or legalized for free by the authorities of his country.
Free is also granted full: 1 ° for the acts and documents of public or administrative interest.
2 ° for the claimed acts in their official capacity, by officials of third countries, for their personal use or that of their suite, subject to reciprocity;
3 ° the acts and documents social security and especially pensions;
4 ° for visas valid for one or more voyages, affixed on the passport of non-Belgians do not have the nationality of one of the States members of the European Union, when they are: has) the spouse or children who have not reached the ssge of eighteen years of a national of one of the Member States mentioned above;
(b) any other Member of the family this same national or his or her spouse, which is its load or living under his roof.
The King determines what other acts eligible for free.
Free or reduction of consular taxes set out in annex 1 are acquired under the arrangements that the King would conclude with third countries under the condition of reciprocity for this purpose.
S.
44. the consular fees are collected either in lawful currency of the place of perception or, if circumstances so require, into another currency the exchange rates fixed by the Minister or the officer designated by him for that purpose.
S. 45. consular fees pursuant to annex 1 are fully paid to Treasury when they were seen by agents of the State budget.
S. 46. the fees charged by the head of a honorary consular post are acquired up to a maximum set by the King.
The surplus is paid to the Treasury.
In the event of change in ownership during the financial year, the share of haircuts returning to each of the staff concerned are calculated taking into account this maximum and the proportion of the term of office of the persons concerned.
S. 47. the consular officials are exempted from provide surety to ensure delivery to the Treasury of money returning him on the perceptions made under this Code.
S. 48. the mode of collection of consular taxes, delivery of funds, accounting and detailed rules for the application of this Code shall be fixed by the Minister.
S.
49. where the circumstances so require, the King may amend or supplement annexes 1 and 2.
The King fixed the amount of the fees consular where local circumstances entail the issuance of acts which are not provided in annexes 1 and 2.
Chapter 10. -Passport s. 50 all Belgian proving his identity and nationality, has the right to enter into the Kingdom or return, even without identity card, passport or Belgian travel.
If in doubt about the identity or nationality, the person concerned produces the supporting documents required confirming identity or nationality.
S. 51. the Minister shall issue the passports and the

Belgian travel documents.
S. 52. a passport or a Belgian travel is a personal document and is used properly than by its holder.
S. 53. a passport or a Belgian travel document contains the following information: 1 ° the identity of the holder: his name and surname, date of birth, place of birth and sex;
2 ° the nationality or recognized refugee or stateless person;
3 ° the issuing authority and the period of validity;
4 ° the photograph of the holder, the face being fully discovered;
5 ° the signature of the holder;
6 ° two fingerprints of the holder unless one is exempt;
7 ° the passport number;
8 ° the ISO code of the country of issue;
9 ° the serial number of the chip;
10 ° the letter 'P' for the type of document in accordance with the ICAO recommendations.
If the holder is unable to sign, this is indicated on the passport or the Belgian travel with the words "exempt".
S. 54. the Minister may decide to put some additional data readable by machine and to incorporate biometric data in passports or Belgian travel documents, only if they are necessary for better and more effective automatic identification.
These biometric data are provided in electronic form in the passport or the Belgian travel. The holder of the passport or travel document has the right via the procedure determined by the Minister of what is mentioned in electronic form in his passport or his travel.
S.
55. a passport or a Belgian travel document is the property of the Belgian State and is, on request and during its period of validity, just put at the disposal of the holder.
Unless otherwise decided by the Minister, a person has at any time one passport or valid Belgian travel title.
The passport or the Belgian travel ceases to be valid: 1 ° to the expiry of the validity period, 2 ° when it is damaged, 3 ° when the photo no longer resembles the holder, 4 ° when the holder has lost the Belgian nationality or his status of refugee or stateless person assigned by the Belgium or his right to a title of Belgian travel referred to in article 57 paragraph 1, 3 °, c).
The expiry of the period of validity, the holder of the passport or the Belgian travel document presented to the competent authority for invalidation.
S.
56. the procedure for which information regarding passports and titles of Belgian travel issued and biometric data contained therein, are recorded and preserved and can be transmitted to other authorities, are determined by law.
S. 57. the Minister shall issue the passports and following Belgian travel documents: 1 ° the ordinary Belgian passport only issued to Belgians, valid for all countries and a duration of maximum ten years; the King determines the actual time;
2 ° or Belgian service, diplomatic passport issued to the Belgians in function from a Belgian federal administration or from a community or regional administration within the authority legislative, Executive or judicial, of a period of validity of up to ten years; the King determines the actual time;
3 ° tracks travel for non-Belgians who benefit in Belgium of a right of residence to indefinite, with a validity of two years for: has) refugees recognized by the Belgium;
b) stateless persons recognized by the Belgium;
(c) non-Belgians not recognized as refugee or stateless by the Belgium and for which there is no foreign Government or international organization recognized competent or capable of issuing passports or travel documents;
4 ° the titles provisional travel to Belgians, refugees and stateless persons recognized and established in Belgium, with a validity of one year maximum.
The Minister determines the modalities for the quality that people or members of their family referred to in paragraph 1, 2 °, must be validly introduce the request for the issuance of this type of passport;
The Minister shall determine the arrangements for the issuance of temporary travel documents referred to in paragraph 1, 4 °.
S. 58. the Minister authorizes the following administrations to issue passports and Belgian travel documents: 1 ° in Belgium: federal public Service Affairs foreign, foreign trade and Cooperation in development, the Ministry of defence and decentralized authorities designated by the Minister;
2 ° abroad: the Belgian career consular posts.
The Belgian regular passport is made by the authority referred to in paragraph 1, 1 ° or 2 °, competent for the domicile of the claimant. The Minister determines under what circumstances the passport may be issued by another authority.
The Belgian diplomatic passport and the passport of Belgian service are exclusively issued by public Service federal Foreign Affairs, foreign trade and Cooperation to development or the territorially competent Belgian career consular post. The Passport service, the responsible military mission abroad, is issued by the Ministry of defence.
The emergency travel document is issued in Belgium by public Service federal Foreign Affairs, foreign trade and Cooperation for the development, or abroad, by the consular post of career, or under the responsibility of the consular office of territorially competent career, the Belgian honorary consular position designated by the Minister.
S.
59. any passport or Belgian travel request is admissible when the applicant proves its identity and its Belgian nationality or status referred to in article 57, paragraph 1, 3 °.
S.
60. the application of Belgian travel by a law is admissible if it meets the following conditions: 1 ° he proves his identity and nationality or status;
2 ° it benefits in Belgium of a right of residence to indeterminate;
3 ° it proves that he cannot obtain a national passport or a travel document;
4 ° it is not the subject of a judicial measure limiting freedom;
5 ° it is not the subject of measures provided for by law that restrict the freedom of movement for the protection of national or public security, the maintenance of public order, of the prevention of criminal offences, for the protection of health or morals or the protection of the rights and freedoms of others.
S. 61. the application for passport or Belgian minors travel is admissible only if it is introduced by the person, persons or bodies exercising parental authority.
S. 62. the issuance of a passport or a Belgian travel document is refused: 1 ° if the applicant communicated inaccurate data regarding his nationality or his identity, 2 ° If the applicant is the subject of a judicial measure limiting freedom, 3 ° during an ongoing investigation on an offence referred to in article 199bis of the penal Code, 4 ° If the applicant is the subject of the measures in the Act that restrict freedom of movement for the protection of Security national or public, maintaining public order, the prevention of criminal offences, the protection of health or morals or the protection of the rights and freedoms of others.
S. 63. the Minister establishes a procedure for consultation of authorities administrative, judicial and police about the existence or not of judicial measures restrictive of freedom.
Administrative, judicial and police authorities Belgian communicate initiative to the Minister what are the Belgian and stateless persons and recognised refugees subject to a restrictive measure of freedom or statutory measures that restrict the freedom of movement for the protection of the security national or public, 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, and that for this reason, cannot get a passport or a Belgian travel.
S.
64. the passports and Belgian travel documents are removed and disabled the conditions referred to in article 62.
S. 65. the refusal to issue a passport or a Belgian travel is thrown: 1 ° as soon as the nationality and the identity of the applicant are legally established;
2 ° at the end of a police or judicial investigation whereby the person concerned enjoys a decision of nonsuit;
3 ° when the restrictive measure of freedom is lifted or if the sentence is suspended or executed if the person concerned is placed on parole without restrictions on his freedom of movement;
4 ° as soon as the measures provided for by law that restrict the freedom of movement for the protection of national or public security, the maintenance of public order, of the prevention of criminal offences, for the protection of health or morals or the protection of the rights and freedoms of others were lifted by the competent authority.
However, the Minister may refuse to issue a passport or of a Belgian travel on the reasoned opinion of a competent authority for this purpose if the applicant clearly presents a substantial risk to public order or public safety.
The Minister may, prior to the issuance of a passport or of a Belgian travel, ask at any time to the competent authority for this purpose to proceed with an investigation. Pending the outcome of the investigation, the issuance of the passport or travel document is suspended.
S. 66. the issuance of a passport or a Belgian travel document gives rise to the perception of a consular fee referred to in Chapter 9.
Free

may be granted under the conditions provided for in Chapter 9.
S. 67. the technical specifications of passports and Belgian travel documents are secret.
Chapter 11. -Consular certificates art. 68. the head of a consular post of career issues consular certificates.
The Minister shall determine the conditions in which these certificates are issued.
S. 69. the head of a consular post of career issues to Belgians who wish to marry in the spring of his consular district, at their request, a certificate of no impediment to marriage showing that no legal objection exists under Belgian law with respect to marriage, if the foreign authority requires the production of this certificate.
S. 70. the certificate shall be issued only if it demonstrated in the investigation that the applicant meets, according to Belgian law, the qualities and conditions required in order to enter into marriage.
At the request of the certificate, the applicant domiciled abroad must elect domicile in Belgium for correspondence and notifications.
If he is not satisfied to the qualities and conditions required for marriage or in the event of doubts as to the satisfaction to the qualities and conditions required, the head of the consular office of career communicates the certificate request to the prosecutor competent King and shall inform the applicant.
S.
71. within three months of receipt of the application for the certificate, the consular office of career acknowledged during the introduction of the request, the Prosecutor may object to its issuance.
It may extend the period of two months at the most. Where appropriate, it shall promptly inform stakeholders, consular office of career to which the certificate has been requested, the Aliens Office and the officer of the civil status of residence in Belgium of the applicant, its reasoned opposition.
The lifting of the opposition may be requested within one month of the notification of the opposition before the Court of first instance of the jurisdiction of the Prosecutor of the King who opposed the issuance of the certificate. Judge rules promptly.
In the case of non-opposition of the Procurator of the King within the time limit referred to in paragraph 1, the head of the consular office of career shall issue the certificate without delay.
Chapter 12. -Births and deaths on board ships and aircraft art. 72 when the next docking of a ship site is located in a third country, the certified copy in accordance with the Act of birth or the Act of death, established in accordance with articles 59 or 86 of the civil Code, is transmitted by the Commander with the consular office of career in the consular district which lies the port.
If there is a birth certificate, consular officer sends a certified copy of the Act to the Registrar of civil status of residence in Belgium of a parent. If none of the parents is of domicile in Belgium, a certified copy of the Act is passed to the officer of the civil status of the city of Brussels.
If it is a death certificate, the consular officer sends a certified copy of the Act to the Registrar of civil status of residence in Belgium of the deceased. If the deceased has no place of residence in Belgium, a certified copy of the Act is forwarded to the officer of the civil status of the city of Brussels.
S. 73. when the first landing site is located abroad, the certified copy of the Act of birth or death certificate established in accordance with article 7 or 7A of the Act of 27 June 1937 revision of the regulation of the air navigation Act of November 16, 1919 is transmitted by the Commander of the Belgian aircraft at the consular office of career in the consular district where the airport is located.
If there is a birth certificate, consular officer sends a certified copy of the Act to the Registrar of civil status of residence in Belgium of a parent. If none of the parents is of domicile in Belgium, a certified copy of the Act is passed to the officer of the civil status of the city of Brussels.
If it is a death certificate, the consular officer sends a certified copy of the Act to the Registrar of civil status of residence in Belgium of the deceased. If the deceased has no place of residence in Belgium, a certified copy of the Act is forwarded to the officer of the civil status of the city of Brussels.
S. 74. when the first landing site is located abroad, two certified copies of the report in accordance with article 7quater of the Act of 27 June 1937 revision of the regulation of the air navigation Act of November 16, 1919, are transmitted by the Commander of the Belgian aircraft at the consular office of career in the consular district where the airport is located.
The consular officer sends a certified copy of the report to the competent judicial authority for the landing site.
It sends a second certified copy of the report to the Prosecutor's office of the Prosecutor in Brussels if it comes to the authority or a Belgian consular foreign competent if it's a law.
CHAPTER 3. -Provisions amending art. 3A article 60 of the civil Code, as amended by the Act of 31 March 1987, the following changes are made: 1 ° to the paragraph 1, the words "to know" and "and in a foreign port, the hands of the consul" are repealed;
2 ° in paragraph 2, the words "or in the Chancellery of the Consulate" are repealed.
S. 4. at article 7B of the Act of 27 June 1937 revision of the regulation of the air navigation Act of November 16, 1919, inserted by the Act of 4 August 1967, the following changes are made: 1 ° 1st paragraph, 2 ° is repealed;
2 ° in paragraph 2, the words "or of the diplomatic or consular officer" are repealed.
S. (5A article 7quater, paragraph 3 of the same Act inserted by the Act of 4 August 1967, the b) is repealed.
S. 6 A section 14 of the programme act of 27 December 2005, the words ', consular assistance, records, directories, acts, certificates referred in the consular Code» shall be inserted between the words "for Belgians abroad" and the words "and legalisation.
CHAPTER 4. -Provisions repealing art. 7 are hereby repealed: 1 ° Act of 31 December 1851 on the consulates and consular jurisdiction;
2 ° the law of July 10, 1931, concerning the jurisdiction of diplomatic and consular agents in notarial matters;
3 ° the law of July 12, 1931 on certain acts of civil status and the jurisdiction of diplomatic and consular agents in civil status;
(4) the Passports Act of 14 August 1974;
5 ° the law of 30 June 1999 on tariff of consular fees and rights of Chancery;
(6) Act of 26 June 2002 on consular population registers 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.

Appendices Appendix 1 – tariff of consular to be collected by the diplomatic missions and consular fees Belgian abroad 1. Aanvraag voor een visum (of voor een visumverklaring) (category A, B of C) 30 EUR 1. Request (or approval in lieu of visa) visa (categories A, B or C) 30 EUR 2. Aanvraag voor een nationaal visum voor een verblijf van lange duur (category D of D + C) EUR 45, 2. Application for national visa for a long stay (category D or D + C) EUR 45, 3. Aanvraag voor een collectief visum (category A, B of C) (groep van 5 tot 50 personen) EUR 30 + EUR per persoon 1 3. Application for a collective visa (categories A, B or C) (Group of 5 to 50 persons 30 EUR + 1 EUR per person 4. Aanvraag voor een vijf jaar geldig paspoort (gratis voor minderjarigen) 30 EUR 4. Valid passport application five years (free for minors of ssge) 30 EUR 5. Aanvraag voor een voorlopig paspoort 50 EUR 5. Request for temporary passport - 50 EUR 6. Aanvraag voor een noodreistitel (ETD) 10 EUR 6.
Request for emergency travel document (ETD) 10 EUR 7. Aanvraag voor een gratis identiteitskaart 7. Free card application 8. Legalisatie 10 EUR 8. Legalization 10 EUR 9. Diverse earned in niet afzonderlijk getarifeerde akte of proces-verbaal 10 EUR 9. Various certificates and acts or minutes not specifically 10 EUR 10. Levensbewijs in afgifte of legalisatie van een document waar staat van oorlogsinvalide wijzigen wordt gratis 10. Life certificate and licensing or legalisation of a document establishing the quality of free war disability 11. Voor eensluidend verklaarde vertaling 20 EUR 11. Certified translation in accordance with EUR 20, 12. Voor eensluidend verklaard afschrift 10 EUR 12.
Certified copy 10 EUR 13. Lijkenpas gratis 13. Free pass 14. Akten betreffende scheepvaart 50 EUR 14. Act marine 50 EUR 15. Akten in verband met burgerlijke stand of nationaliteit EUR 10, 15. Act on civil status or nationality 10 EUR annex 2 — tariff of Chancery to collect inside the Kingdom 1. Legalisatie 10 EUR 1. Legalization 10 EUR 2. Aanvraag vooreen paspoortgeldig vijfjaar (gratis voor minderjarigen) 30 EUR 2. Valid passport application five years (free for minors of ssge) 30 EUR 3.
Aanvraag voor een voorlopig paspoort 50 EUR 3. Passport 50 EUR 4 application.
Aanvraag voor een voor vluchtelingen (Verdrag van Geneva van 28 juli 1951) reisdocument geldig twee jaar (gratis voor minderjarigen) 20 EUR 4. Application of refugee (Convention travel

28 July 1951 Geneva) valid for two years (free for minors of ssge) 20 EUR 5.
Aanvraag voor een reisdocument voor vreemdelingen geldig twee jaar (gratis voor minderjarigen) 20 EUR 5. Application of valid foreign travel two years (free for minors of ssge) 20 EUR 6. Aanvraag voor een reisdocument voor staatlozen (Verdrag van New York van 28 september 1954) geldig twee jaar (gratis voor minderjarigen) 20 EUR 6. Application for travel document for stateless (New York, 28 September 1954 Convention) valid for two years (free for minors of ssge) 20 EUR 7. Visum afgegeven aan grens (category B of C) 30 EUR 7. Visa issued at the border (categories B or C) 30 EUR 8.
Collectief visum afgegeven aan grens (category B of C) (groep van 5 tot 50 personen) 30 EUR + 1 EUR per persoon 8. Collective visa issued at the border (categories B or C) (groups of 5 to 50 persons) 30 EUR + 1 EUR per person 9. Verandering of verlenging van een visum een paspoort 30 EUR 9. Conversion or extension of a visa in a passport 30 EUR promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given at Brussels, December 21, 2013.
PHILIPPE by the King: the Minister of Foreign Affairs, D. REYNDERS sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2012-2013: House of representatives.
Documents.
-Bill, 53-2841/1. -Report on behalf of the Committee, 53-2841/3. -Text corrected by the commission 53-2841/4. -Text adopted in plenary meeting and transmitted to the Senate, 53-2841/5.
Full report: October 10, 2013.
2013-2014 session: Senate.
Draft transmitted by the Chamber, 53-2300/1. -Report on behalf of the Committee, 53-2300/2. -Text corrected by the commission 53-2300/3. -Text adopted in plenary meeting and submitted to the Royal assent, 53-2300/4.
Annals of the Senate: November 21, 2013.