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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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LEGE no. 216 216 of 17 November 1998 for approval Government Ordinance no. 65/1997 on the passport arrangements in Romania
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 446 446 of 23 November 1998



The Romanian Parliament adopts this law + Article UNIC Approval Government Ordinance no. 65 65 of 28 August 1997 on the passport regime in Romania, issued pursuant to art. 1 lit. i) of Law no. 134/1997 for the empowerment of the Government to issue ordinances and published in the Official Gazette of Romania, Part I, no. 226 of 30 August 1997, with the following amendments and additions: 1. Article 1 (1) shall read as follows: "" Art. 1. -(1) Romanian citizens have guaranteed the right to free movement and, accordingly, have the right to issue, possession and use of a passport under the conditions of this ordinance. " 2. Article 4 shall read as follows: "" Art. 4. -(1) Romanian citizens abroad, who no longer possess a passport or travel documents referred to in art. 3 3 para. (2) shall be issued, upon request, consular passports by the diplomatic missions and consular offices of Romania. (2) The consular passport shall be issued so that the holder can continue his journey, regulate his stay or return to the country, for a period not exceeding 12 months. With the entry into the country the consular passport loses its validity. (3) If the Romanian citizen does not have documents through which he can prove his identity, the consular passport will be issued only after its confirmation by the General Directorate of the border police, foreigners, migration problems and passports from the Ministry of the Interior, hereinafter referred to as the Passport Directorate. ' 3. In Article 6, paragraphs 1 and 2 shall read as follows: "" Art. 6. -(1) The diplomatic and service passports shall be issued by the Ministry of Foreign Affairs, at the request of the management of the public authorities or of the central institutions concerned. (2) The diplomatic passports shall be handed over by the holders to the issuing authority, at the end of the mandate that determined the issuance of the document, and the passports of service, within 5 working days from the end of the official mission in abroad. " 4. In Article 7 (A), points 4, 11 and 13 shall read as follows: "" Four. Prime Minister, members of the Government and persons assimilated to ministers; " .............................................................................. "11. Governor and Deputy Governors of the National Bank of Romania." .............................................................................. "" 13. the patriarch, the cardinal, the metropolitan and the heads of the cults recognized by the state; " 5. in Article 7 (A), points 14 and 19 shall be repealed. 6. In Article 7 (A), paragraph 20 shall read as follows: "" 20. the husband, wife and minor children of persons referred to in point 1-17, when I accompany the holder. " 7. In Article 7, point B, points 2 and 4 shall read as follows: "2. sub-prefects and vice-presidents of county councils, mayors of municipalities, cities and sectors of Bucharest, when travelling on official missions;" .............................................................................. " 4. Technical-administrative and service personnel of diplomatic missions, consular offices, permanent representations to international organizations, lecturers sent on mission by the Ministry of National Education, as well as their spouse, wife and minor children; ' 8. Article 11 (4) shall read as follows: " (4) For the registration in the passport of one of the parents of children who have not reached the age of 14 years the written consent of the other parent is required Written consent is not necessary for the parent to whom the minor was entrusted by the final court decision. " 9. Article 13 shall read as follows: "" Art. 13. -(1) In duly justified cases, accepted by the issuing body, the Romanian citizen, holder of a valid passport, may be issued the second passport. ((2) Upon termination of the situation which determined the release of the second passport, the holder shall be obliged, within 5 days, to hand it over to the issuing authorities. " 10. Article 14 shall read as follows: "" Art. 14. -(1) The Romanian citizen may be refused, temporarily, the issuance of the passport, and if he has been released he may be withdrawn or his right of use may be suspended, when: a) there are thorough data that he has committed an offence for which the punishment provided by law is more than 2 years imprisonment and that he intends to use the passport to evade prosecution. The measure shall be taken at the request of the police bodies for a period not exceeding 7 days; b) is accused or indicted in a criminal case and the magistrate orders the establishment of the measure of prohibition of leaving the locality, in order to ensure the proper conduct of the criminal process, regardless of the stage in which it is located; c) has been convicted and has to execute a custodial sentence; d) is pursued for demanding claims of more than 25 million lei, due to individuals, legal entities or the state, and their execution is not guaranteed; in this case, the measure is taken at the request of those interested, if the payment of claims has been ordered by final and irrevocable court decision; e) committed in the country or abroad facts such as to prejudice the national security, the maintenance of public order, the protection of the health or morals or the fundamental rights and freedoms of another person, which are established by judicial decisions or are subject to prosecution; proof of acts committed abroad is made with judicial acts recognized according to the Romanian law; in such cases, the measure is taken by the Directorate of passports or by territorial services, as the case may be, for a duration of between 3 and 12 months, established in proportion to the seriousness of the act committed and its consequences. The same measure can be taken against the person who was returned on the basis of readmission agreements concluded by Romania with other states. (2) In the situations referred to in lett. a), b) and c), the measure is taken by the Directorate of Passports or, as the case may be, by the subordinate territorial services, only on the basis of the written request of the prosecution bodies, the courts or the bodies provided by law, with duties for the execution of the prison sentence. " 11. Article 16 shall read as follows: "" Art. 16. -(1) The person who has been approved to renounce the Romanian citizenship shall be cancelled the passport issued by the Romanian authority. ((2) The passports found, as well as those belonging to the deceased persons shall be handed over to the nearest territorial service under the Passport Directorate, within 5 working days. " 12. Article 17 shall read as follows: "" Art. 17. -The violation of the provisions provided for in this ordinance attracts, as the case may be, the civil, material, disciplinary, contravention or criminal liability of the guilty person. " 13. Article 18 letter f) shall read as follows: "f) making, without right, changes or additions in the passport or other travel document, if the act has not been committed otherwise that, according to the law, it is a criminal offence." 14. Article 19 shall read as follows: "" Art. 19. -The contraventions provided in art. 18 lit. a), b) and d) shall be sanctioned with a fine of 200,000 lei to 500,000 lei; those provided in lett. c), with a fine of 500,000 lei to 800,000 lei, and those from lit. e) and f), with a fine of 800,000 lei to 2,000,000 lei. " 15. Article 21 shall read as follows: "" Art. 21. -The provisions regarding the contraventions provided in art. 18 and 19 are completed with the provisions of Law no. 32/1968 on establishing and sanctioning contraventions. " 16. Article 23 shall read as follows: "" Art. 23. -Romanian citizens who have established their domicile abroad, as well as those temporarily abroad for periods of more than 6 months may request registration in the records of the diplomatic mission or consular office of Romania in country of residence or residence. " 17. Article 25 shall read as follows: "" Art. 25. -Romanian citizens residing abroad or those temporarily abroad, to whom the authorities of the state have approved the establishment, can submit applications for the issuance of simple passports, in which the country of domicile is mentioned, at the diplomatic missions or at the consular offices of Romania, and when they are temporarily in the country, at the territorial services subordinated to the Directorate of Passports within which they had the last domicile. " 18. Article 26 (1) and (5) shall read as follows: "" Art. 26. -(1) The theft of the passport shall be declared, as soon as it has been found, at the nearest police unit. " .............................................................................. " (5) Romanian citizens abroad declare the theft of the passport to the competent police authorities, and its loss, to the diplomatic mission or to the Romanian consular office, which proceed according to the provisions of art. 4 4. " 19. Article 27 shall be repealed. This law was adopted by the Chamber of Deputies at the meeting of October 19, 1998, in compliance with the provisions of 74 74 para. (2) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, ANDREI CHILIMAN This law was adopted by the Senate at the meeting of October 19, 1998, in compliance with the provisions of art 74 74 para. (2) of the Romanian Constitution. p. SENATE PRESIDENT, ULM SPINEANU ------------