Law No. 216 Of 17 November 1998 On Approval Of The Government Ordinance. 65/1997 Concerning The Passport Regime

Original Language Title:  LEGE nr. 216 din 17 noiembrie 1998 pentru aprobarea Ordonanţei Guvernului nr. 65/1997 privind regimul paşapoartelor

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Law No. 216 of 17 November 1998 on approval of the Government Ordinance. 65/1997 concerning the ISSUING of passports in the PARLIAMENT of Romania, published in MONITORUL OFICIAL nr. 446 of 23 November 1998, the Romanian Parliament adopts this law.

The sole article approving Ordinance No. 65 of 28 august 1997 concerning the passport regime in Romania, issued pursuant to art. and (b). I) of law No. 134/97 for empowering the Government to issue decrees and published in the Official Gazette of Romania, part I, no. 226 of 30 august 1997, with the following amendments and supplements: 1. In article 1 (1) shall read as follows: Art. 1.-(1) Romanian citizens were guaranteed the right to freedom of movement and, accordingly, entitled to the issuance, holding and using a passport under the present Ordinances. "
2. Article 4 shall read as follows: Art. 4.-(1) Romanian citizens abroad who no longer possess a passport or travel document referred to in article 1. 3 paragraphs 1 and 2. (2) shall be granted upon request, consular passports by the diplomatic missions and consular offices of Romania.

(2) consular Passport issued to the holder as to be able to continue their journey, regulate or stay shall return to the country, during a period which may not exceed 12 months. Once the entry into the country the consular Passport invalid.

(3) where Romanian citizen has no documents to be able to furnish proof of his identity, consular passport will be issued only after its confirmation by the General Directorate of border police, aliens, migration issues and passports of the Ministry of the Interior, called further direction of passports. "

3. In article 6, paragraphs (1) and (2) shall read as follows: Art. 6.-(1) diplomatic and service Passports are issued by the Ministry of Foreign Affairs, at the request of the management of the public authorities or the institutions interested Central.

(2) diplomatic Passports shall be surrendered to the issuing authority by the holders, after the end of the mandate has led to the release of the document, and service passports within five working days after the conclusion of the official mission abroad. "

4. In article 7, paragraph A, points 4, 11 and 13 shall read as follows: "4. the Prime Minister, Cabinet members and persons assimilated to Ministers;"

"11. the current Vice Governors and Governor of Banca Naţională a României."

"13. the Patriarch, Cardinal, mitropolitii and heads of religious denominations recognized by the State;"
5. In article 7 (A), paragraphs 14 and 19 are repealed.
6. In article 7, paragraph A, point 20 shall read as follows: "20. husband, wife and minor children of persons referred to in items 1 to 17, when accompanying the holder. "
7. In article 7 (B), paragraphs 2 and 4 shall read as follows: "2. subprefectii County Councils, Vice Presidents and mayors of municipalities, cities and sectors of Bucharest, when travelling on official missions;"

"4. the administrative and technical personnel of diplomatic missions, consular offices, permanent representations to international organisations, in addition to classroom lectures, sent on a mission by the Ministry of national education, and the husband, wife and their minor children;"
8. Article 11, paragraph 4 shall read as follows: "(4) for the inclusion in the passport of one of the parents of children who have not reached the age of 14 years is appropriate prior written consent of the other parent. Written consent is not required for the parent to whom the minor has been entrusted by the remaining final judgment. "
9. Article 13 shall read as follows: Art. 13. — (1) In duly justified cases accepted by the issuing body, the Romanian citizen, owner of a valid passport, i can release the second passport.

(2) upon the termination of the situation which has led to the release of their second passport, the holder is obliged, in no more than 5 days to turn it over to the issuing authorities of keeping. "

10. Article 14 shall read as follows: Art. 14. — (1) the Romanian citizen may decline temporarily, and if your Passport has been issued may be retired times may suspend the right to use thereof, when: (a) there are serious database) that has committed an offence for which the punishment prescribed by law is more than 2 years in prison and that his intended use Passport to evade prosecution. The measure to be taken at the request of the police for a period not exceeding seven days;

b) is blamed or accused in a criminal cause and the magistrate has the imposition of the measure of prohibition on leaving the village, in order to ensure the proper conduct of the criminal trial, regardless of the stage in which it lies;

c) was convicted and executed has a deprivation of liberty;

d) is pursued for receivables due more than 25 million, due to natural persons, legal persons or the State, and their enforcement is not guaranteed; in this case, the measure is taken at the request of the parties concerned, whether the payment claims was ordered by court order for the remaining final and irrevocable;

e) has committed in the country or abroad to acts prejudicial to national security, public order, protection of health or morals times the fundamental rights and freedoms of another person which are established by judicial decision or subject to criminal prosecution; evidence of acts committed abroad is done with judicial acts recognized according to the Romanian law; in such cases, the measure shall be taken by the Directorate of passports or the territorial services, where appropriate, for a term of between 3 and 12 months, determined in proportion to the gravity of the offence committed and the consequences of them. The same measure may be taken against the person who has been returned on the basis of readmission agreements concluded by Romania with other States.

(2) in the cases referred to in points. a), b) and (c)), the measure shall be taken by the Directorate of passports or, where appropriate, by the territorial services subordinate, only upon request by prosecuting organs, courts or bodies provided by law with powers of enforcement of prison sentence. "

11. Article 16 shall read as follows: Art. 16. — (1) the person to whom the waiver has been granted Romanian citizenship i cancels passport issued by the Romanian authorities.

(2) the Passports found, and those that belonged to deceased persons shall be submitted to the nearest territorial service under the direction of passports within five working days. "

12. Article 17 shall read as follows: Art. 17.-violation of the provisions of this Ordinance, if applicable, civil liability, disciplinary, material, administrative or criminal liability of the person responsible. "
13. Article 18 letter f) shall read as follows: "(f)), without changes or additions, in the times in another Passport travel document, if the Act had not been committed in different conditions that, according to the law, to constitute the offence."
14. Article 19 shall read as follows: Art. 19.-Offences under article 4. 18 lit. a), b) and (d)) shall be imposed with fine 200,000 lei to 500,000 lei; those referred to. c) with fine of 500,000 to 800,000 lei lei, while those in (b). e) and (f)), with fine from 2,000,000 to 800,000 lei lei. "
15. Article 21 shall read as follows: Art. 21.-provisions relating to the offences referred to in articles. 18 and 19 shall be supplemented by the provisions of law No. 32/68 on the establishment and sanctioning violations. "
16. Article 23 shall read as follows: Art. 23.-Romanian citizens who have established their domicile abroad, as well as those who are temporarily abroad for periods of more than six months can apply to register in evidence diplomatic mission or consular office of the country of residence times of residence. "
17. Article 25 shall read as follows: Art. 25.-Romanian citizens domiciled abroad times those temporarily living abroad, whom the authorities in that State they have approved establishment may submit applications for ordinary passports, stating the country of residence, diplomatic missions or consular offices of Romania, and when he was in the country on a temporary basis, the services of subordination within the Directorate of passports which they had last place. "
18. In article 26 (1) and (5) shall read as follows: Art. 26. — (1) the theft of ID are declared as soon as it was found, the nearest police unit. "" (5) the Romanian citizens abroad declare the theft of ID to the competent police authorities, and the loss thereof, the diplomatic mission or the consular post, which shall proceed in accordance with the provisions of art. 4. "19. Article 27 shall be repealed.
This law was adopted by the Chamber of deputies at its meeting of 19 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p. CHAMBER of DEPUTIES PRESIDENT, ANDREI CHILIMAN this law was adopted by the Senate at its meeting of 19 October 1998, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
PRESIDENT of the SENATE, pp. ULM SADR — — — — — — — — — — — —

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