Article 11 of the Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces, states that the military may freely move around the national territory without prejudice to the limitations of the law. arising from the requirements of the duty of permanent availability referred to in Article 22 of that law. It also takes the view that the same criteria will apply for foreign travel as those carried out on national territory, and that, in the light of the international situation and military operations abroad, a prior authorisation in accordance with what is established on the order of the Minister of Defence.

It is outside the scope of this ministerial order to move the military abroad because of the destinations or service commissions it can carry out, which will continue to be governed by its rules.

On the other hand, the authorization referred to in this ministerial order does not imply the granting of holidays or regulatory permits, which will continue to be granted according to their specific rules.

During its processing, this ministerial order was informed by the professional associations in accordance with Article 40.2.b) of the Organic Law 9/2011, of July 27, of rights and duties of members of the Armed Forces. Finally, according to the provisions of article 49.1 (c) of the aforementioned organic law, it has been informed by the Armed Forces Staff Council.

In its virtue, with the prior approval of the Minister of Finance and Public Administrations and in agreement with the State Council, I have:

Article 1. Object.

This ministerial order is aimed at regulating, as the development of the Organic Law 9/2011, of July 27, the rights and duties of the members of the Armed Forces, the prior authorization for foreign travel of the military personnel, including those already destined abroad and who wish to move to a third state, where these displacements are not official in nature.

Article 2. Scope.

These rules will apply to military personnel who are in the administrative situations in which, according to Law 39/2007 of 19 November, of the military career, do not have their military condition in abeyance.

Article 3. Need for authorization.

1. The military may move freely to foreign countries with the exception set out in the following paragraph, and in compliance with the duty to communicate in its unit its temporary residence and personal data that make it possible to locate it, agreement with the provisions of Article 23.2 of the Organic Law 9/2011 of 27 July.

2. The Secretary-General for Defence Policy shall establish, in the light of the international situation, the countries or territories for which the military requires prior authorization of his movement and shall communicate it to the competent bodies for to resolve applications for authorisation, which will use the precise means of information for military personnel to be aware of the countries or territories affected by these restrictions.

3. The determination of countries for which prior authorization is required shall be independent of the measures taken by the Ministry of Foreign Affairs and Cooperation regarding the departure of Spaniards abroad, but it shall be carried out in a coordinated manner with those measures.

4. In military operations abroad, it is up to the Chief of Defense Staff, taking into consideration the provisions of paragraph 2 for the Secretary General of Defense Policy, the regulation of the assumptions on which it is required. of prior authorisation to move to third countries from the area of operations.

Article 4. Procedure.

1. A military officer who intends to move to one of the countries or territories referred to in paragraph 2 of the previous Article shall forward a regulatory conduit to the Directorate-General for Personnel, in the case of military personnel. in the organic structure other than the Armies, or the respective Mandos or Heads of Personnel, in the other cases, the request for authorization of departure to those countries or territories.

2. The application must be entered at least 15 working days before the start of the journey, indicating the address where the military officer will reside during his/her stay and the location. The competent bodies referred to in the preceding paragraph, in the field of their powers, may reduce this time limit where exceptional circumstances, including those relating to family reconciliation, are met and duly substantiated by the applicant.

3. The bodies referred to in paragraph 1 above, assessing the circumstances and the motivations and observations raised by the applicant, shall, in particular, authorise or refuse the application for posting.

4. The time limit for resolving and communicating the decision on the application shall be seven working days. Failure to respond by the competent authority within the prescribed period shall entail the granting of the authorisation for the requested movement. From the 11th day following the submission of the non-response application, the application shall be deemed to have been granted.

5. Any authorisation granted may be revoked if the international situation or military operations abroad were subject to modifications which would be advisable.

Article 5. Request format.

The foreign exit authorization request will be made using the document model that is listed as an attachment.

Article 6. Resources.

Against decisions and administrative acts adopted in the exercise of the powers conferred on this ministerial order, the military concerned may institute administrative and administrative resources. administrative-administrative matters, in accordance with Law 30/1992 of 26 November 1992, of the Legal Regime of the Public Administrations and of the Common Administrative Procedure and Law 29/1998 of July 13, Litigation-Administrative Jurisdiction.

Single repeal provision. Regulatory repeal.

1. Ministerial Order 170/1996 of 15 October 1996 on the notification of exit to other countries of professional military personnel is hereby repealed.

2. Similarly, any provisions of equal or lower rank shall be contrary to the provisions of this ministerial order.

Final disposition first. Enforcement powers.

The Assistant Secretary of Defense and the Chiefs of Staff of the Army of the Earth, the Navy, and the Air Force are empowered to make the necessary provisions for the implementation of this ministerial order.

Final disposition second. Entry into force.

This ministerial order shall enter into force on the day following that of its publication in the "Official State Gazette".

Madrid, September 29, 2015. -Minister of Defense Pedro Morenes Eulate.

ANNEX

Request for authorization for foreign travel

El/La (employment and army) ............................................................ D. /Dna. (name and surname) ..............................................., with a Military Identity Card No ..............., intended for use in ......................................................................................., with registered office in ................................................................................................. Email address ................................ requests permission to move to countries that for reasons, time and circumstances are specified:

Countries and dates: ...................................................................................................................................................................................................................

Address abroad: .......................................................................................................................................................................................................

Location: ............................................................................................................................................................................................................

Reason for travel: ...................................................................................................................................................................................................................

Remarks: ................................................................................................................................................................................................................................................................................................................................................. .................................................................................................................

............................, a ......... of .................. of ..........

El/La ................

General Personnel/Command Directorate or Staff Headquarters.