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Decree No. 2003 - 1377 31 December 2003 On The Entry In The Register Of The Established French

Original Language Title: Décret n° 2003-1377 du 31 décembre 2003 relatif à l'inscription au registre des Français établis

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FOREIGN AFFAIRS , ENGLISH PEOPLE LIVING ABROAD , FRANCAIS EAPRS OUT OF FRANCE , REGISTRY , REGISTER OF FRANCAIS EAPRS HORS DE FRANCE , REGISTERING , CONSULAR DISTRICT , COMPETENT AUTHORITY

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JORF No. 1 of January 1, 2004 Page 57
Text No. 26


DECRET
Decree n ° 2003-1377 of 31 December 2003 concerning the entry in the register of French nationals established outside France

NOR: MAEF0310086D ELI: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/MAEF0310086D/jo/texte
Alias: http://www.legifrance.gouv.fr/eli/decret/2003/12/31/2003-1377/jo/texte


The Prime Minister,
On the report of the Minister for Foreign Affairs,
Given the Vienna Convention of 24 April 1963 on Consular Relations;
Given the Civil Code, In particular Articles 30, 103, 104 and 105;
In the light of the amended Act No. 78-17 of 6 January 1978 relating to computers, files and freedoms;
In the light of Act No. 78-753 of 17 July 1978, as amended, with various measures to improve the Relations between the administration and the public and various administrative, social and fiscal arrangements;
Given the decree n ° 55-1397 of 22 October 1955, amending the national identity card;
Given the decree n ° 79-433 of 1 June 1979 on the powers of ambassadors and the organisation of the services of the State abroad, in particular Article 1;
Having regard to Decree No. 2000-1277 of 26 December 2000 on the simplification of administrative formalities and the abolition of the Civil status report;
Having regard to Decree No. 2001-185 of 26 February 2001 on the conditions for the issue and renewal of passports;
Having regard to Decree No. 2002-701 of 29 April 2002 on the protection of citizens of the European Union by Diplomatic and consular representations of France;
In view of the opinion of the Conseil supérieur des Français de l' étranger of 4 September 2003;
Seen de la délibération n ° 2003-066 of 18 December 2003 of the Commission nationale de l' informatique et Freedoms,
Describes:

Item 1 More about this Item ...


The term "English established outside France" means any person of French nationality who has his or her habitual residence in a consular district as provided for in the Vienna Convention of 24 April 1963 on consular relations referred to above and defined by order of the Minister for Foreign Affairs.

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I. Any French established outside France may apply for registration in the register of French nationals established outside France to the head of a territorially competent consular post office.
II. -In each consular district, the register of French nationals established outside France is intended:
A. -For the Head of Consular Post, at:
1. To know, locate and count the French community in its consular district;
2. Facilitate the exercise of consular protection in the field of security, in accordance with the conditions laid down in the agreements concluded by France, in particular the Vienna Convention on Consular Relations referred to above;
3. Allow the establishment, updating and, where appropriate, implementation of the security plan of the French community.
B.-For the French established outside France, under the terms and conditions of the relevant provisions, to:
1. Facilitate the completion of administrative procedures;
2. Access certain procedures or benefits related to residency abroad;
3. Receive information from the consular post.

Item 3 More about this Item ...


Registration in the French registry outside France is an information measure.
No person may be excluded if he or she meets the conditions set out in this Order.
No one can use it To avoid the application of the law or a court decision, whether French or foreign, or an international convention.

Item 4 More about this Item ...


Registration in the Register of French established outside France gives rise to the registration, upon presentation of documentary evidence by the French who requests it, of the essential information concerning him As well as, where applicable, its spouse and minor children of French nationality.
This information relates to: identity, French nationality, residence, family status, occupation, situation with regard to code Of the national service if it is between sixteen and twenty-five years old, its situation with regard to the rules relating to registration on the lists of electors and to persons to be prevented in the event of an emergency. His photograph of identity, face, naked head, 35 x 45 mm format, recent and perfectly similar, and his signature are also recorded.
On request, information concerning, where applicable, his/her spouse and minor children Of foreign nationality may be registered on that occasion.

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Registration in the register of French nationals established outside France may also be requested by post, by fax or by e-mail, by transmission of a copy of the national identity card Valid or expired French passport or passport for less than two years and proof of residence in the consular district.
It becomes effective after, if any, verification on presentation of parts In particular relating to the identity, the French nationality or the French residence. In this case, the other information provided for in Article 4 not provided on that occasion shall be provided at a later date.

Item 6 More about this Item ...


Any French established outside France who have not yet complied with the provisions of Articles 4 and 5 of this Decree shall be deemed to apply for registration in the Register of French nationals established outside France as soon as When he produces evidence of his identity, his French nationality and his habitual residence in the consular district in favour of an administrative formality which requires them, in particular, during a request for a card National identity or passport.

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A Frenchman may apply for registration in the register of French nationals established outside France before he leaves France, on the basis of a justification for his establishment abroad within three months, or directly, By a third person authorised by him, under the conditions laid down by order of the Minister for Foreign Affairs.

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After consultation, where appropriate, with the other heads of consular posts in the same country, each head of consular post takes all practical steps to facilitate or facilitate the entry into the register of consular posts. French established outside France.
Where appropriate, such terms and conditions may be provided for in agreement with any organization that may assist it, including enterprises, cultural services of the Embassy, cultural institutes and Establishments reporting to the Agency for French education abroad.

Item 9 More about this Item ...


A record of the information collected during the entry into the register of French nationals established outside France shall be given to the person concerned or sent to him by post, fax or e-mail. The same is true after each amendment on its part.
The Head of Consular Post shall take all practical steps to ensure the confidentiality of the transmission of information of any kind to the French registered in the Register of French settled outside of France in his constituency.

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The proof of habitual residence abroad is the result of either the residence permit issued by the host country authorities or one or more documents listed by the head of the consular post Attesting that the French has the centre of his economic and family interests in the consular district.

Item 11
I.-Any French registered in the French register established outside France may, at any time, at his request, receive a card certifying that he is placed under French consular protection.
The Features of this card, which includes a photograph of identity, face, naked head, of the format 35 x 45 millimetres, recent and perfectly similar of its owner, are defined by order of the Minister for Foreign Affairs after notice of The National Commission on Informatics and Liberties.
II. -An identification number, whose elements and terms of use are defined by order of the Minister for Foreign Affairs after the opinion of the National Commission on Informatics and Freedoms, is attributed to any French registered in the Register of French nationals established outside France.

Item 12
Subject to the incentives provided for in this Decree, the entry in the register of French nationals established outside France is optional. She is individual and free. It may be requested by a Frenchman established outside France at any time during his or her stay in the electoral district.
Registration in the register of French nationals established outside France of his or her spouse or minor children of French nationality may Be requested, for each of them, at the same time or separately.
The tutelage of persons, major or minor, of French nationality, under guardianship may be requested by their guardian. Children who are minors of foreign parents may be requested by any person exercising parental authority in respect of them. In both cases, it may also be carried out at the initiative of the Head of Consular Post.

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I.-Registration for the French established outside France is valid for five years. However, it may be for a shorter period of time when the stay in the French electoral district on the application has a certain maturity date.
II. -Registration in the register of French nationals established outside France is renewable. At least three months before the expiry of its registration, any French person shall receive a notice informing him that he must confirm his residence in the consular district by means of either a voucher or a declaration on the honour.
Due to Reply on the day of expiry of the validity of the registration, it is deemed not to reside in the consular district: its registration is not renewed. However, when it has information of a certain nature to establish with certainty that the French still resides in the electoral district, the head of consular post renews the registration without any particular formality. The person concerned shall be notified by mail.
III. -The cancellation of a French from the register of the French established outside France shall be carried out either on his written request or on the decision of the head of consular post where he finds that the French no longer resides in the consular district or The condition of French nationality is no longer fulfilled or the registration has been made on the basis of false information.
IV. -Any French who, already enrolled in the register of French nationals established outside France, changes his country of residence without any particular formality in the register of the French established outside France of the consular district in which he Is established.

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In each consular district is kept a register of the French established outside France. However, by order of the Minister for Foreign Affairs, several heads of consular posts may jointly maintain several registers. In such a case, the formality provided for in Article 4 of this Decree may be made indifferently from each of these heads of consular posts.
Multiple records may also be maintained by the same head of consular post in the Conditions prescribed by order of the Minister for Foreign Affairs.

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Only the Heads of Consular Post and the Heads of Diplomatic Post with a consular district are registered with the French in the French Register outside France.
However, They may delegate their signature, in this matter, under their responsibility to one or more officials under their authority having the status of civil servant. The name of the delegated officer (s) is published by posting, within the premises of the position, in a place accessible to the public.

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The terms and conditions of this Order are defined by order of the Minister for Foreign Affairs. Where appropriate, its provisions may be specified under the same conditions after the opinion of the Conseil supérieur des Français de l' étranger.

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Decree No. 99-176 of 9 March 1999 on consular registration in diplomatic and consular posts is repealed on the date of entry into force of this Decree.
On that same date, the French Registered in a consular post pursuant to Decree No. 99-176 of 9 March 1999 are entered in the register of French nationals established outside France of the same electoral district.

Article 18 Read more about this article ...


The Minister for Foreign Affairs is responsible for the execution of this Decree, which will be published in the Official Gazette of the French Republic.


Done at Paris, 31 December 2003.


Jean-Pierre Raffarin


By the Prime Minister:


The Minister of Business Foreign,

Dominique de Villepin


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