Order Def/2097/2015, Of 29 September, Which Regulates Prior Authorization For Travel Abroad Of Military Personnel.

Original Language Title: Orden DEF/2097/2015, de 29 de septiembre, por la que se regula la autorización previa para desplazamientos al extranjero del personal militar.

Read the untranslated law here: http://www.boe.es/buscar/doc.php?id=BOE-A-2015-10967

Article 11 of the law 9/2011, of 27 July, of rights and duties of members of the armed forces, establishes that the military may move freely throughout the country without prejudice to the limitations arising from the requirements of the duty of permanent availability to that referred to in article 22 of this law. Also collect that journeys abroad apply the same criteria as those carried out in national territory, and that depending on the international situation and in military operations overseas, will be mandatory prior authorization in accordance with what is established by order of the Minister of defence.

They are beyond the scope of this ministerial order displacements of the military abroad by reason of destinations or commissions for service that can play, which will continue to be governed by its regulations.

On the other hand, authorization which is referenced in this ministerial order does not imply the granting of vacation or regulatory permits, which will continue granting 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 law 9/2011, of 27 July, rights and duties of members of the armed forces. Finally, pursuant to the provisions of article 49.1. c) of the above-mentioned law, has been informed by the staff of the armed forces.

By virtue, with the prior approval of the Minister of finance and public administration and in accordance with the Council of State, I have: article 1. Object.

This ministerial order is to regulate, such as development of law 9/2011, of 27 July, of rights and duties of members of the armed forces, prior authorization for travel abroad of military personnel, including which is already intended abroad and that you want to move to a third State, if these shifts do not have official status.

Article 2. Scope of application.

These rules shall apply to the military personnel that in the situations administrative which according to law 39/2007, of 19 November, military career, does not have military status on hold.

Article 3. Need for authorization.

1. the military can move freely to foreign countries with the exception set forth in the following paragraph and complying with the duty to communicate in your unit your temporary residence and the personal data which will make it possible to your location, as described in article 23.2 of the Organic Act 9/2011, July 27.

2. the Secretary General of defence policy be established, depending on the international situation, countries or territories for which the military requires prior to their displacement and shall inform the competent organs to resolve requests for permission, which will use the accurate media so that military personnel have knowledge of countries or territories affected by these limitations.

3. the determination of countries to which is required prior to their displacement shall be independent of the measures adopted by the Ministry of Foreign Affairs and cooperation regarding the exit of Spaniards abroad, but will be carried out in coordination with such measures.

4. in military operations abroad, it corresponds to the Chief of defence staff, taking into account the provisions of paragraph 2 to the Secretary General of defence policy, regulation of the assumptions which prior authorization is required for travel to third countries from the area of operations.

Article 4. Procedure.

1. the military who intends to travel to any of the countries or territories referred to in paragraph 2 of the preceding article, shall forward regulatory through to the General direction of staff, in the case of the military stationed in the organizational structure of alien armies, or managers or heads of respective staff, the remaining cases , the application output to these countries or territories.

2. the application must be input at least fifteen working days before the start of the trip, indicating the address will reside where the military during their stay and the means of location. The competent bodies referred to in the preceding paragraph, in the scope of their powers, may reduce this period when there are exceptional circumstances, including those related to family conciliation, and duly motivated by the applicant.

3. the bodies referred to in paragraph 1 above, taking into account the circumstances and motivations and observations raised by the applicant, shall authorize or denied, accordingly, the request for travel.

4. the period to solve and communicate the decision on the proposed request is seven working days. The lack of response from the competent authority within the period indicated will result in the granting of authorization for the requested offset. From the 11th day since the submission of the request without response, this shall be deemed granted.

5. any authorization granted may be revoked if the international situation or military operations abroad would suffer modifications that thus advise him.

Article 5. Request format.

Authorization of exit abroad will be made using the model document contained as an annex.

Article 6. Resources.

Administrative and contentious-administrative resources that are relevant, in accordance with the law 30/1992, of 26 November, legal regime of public administrations and common administrative procedure and the law 29/1998 may be lodged against decisions and administrative acts that are adopted in the exercise of powers conferred in this ministerial order, military stakeholders , of 13 July, regulating the contentious jurisdiction.

Sole repeal provision. Repeal legislation.

1. the order Ministerial 170/1996, of 15 October, which regulates notices of departure to other countries of the military staff shall be repealed.

2. Likewise, many provisions of equal or lower rank to oppose to this ministerial order are repealed.

First final provision. Powers of implementation.

It allows to the Undersecretary of Defense and heads of State most of the army, the Navy and the air force to issue the necessary provisions for the implementation of this ministerial order.

Second final provision. Entry into force.

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

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

Annex request for authorisation to travel abroad the / the (employment and army)... Mr./Mrs. (name and surname), military identity card no., intended for / to in, residing in... and email address... requested authorization to move to countries that for the reasons, time and circumstances are specified: countries and dates:...

Address abroad:...

Medio de localización: ………………………………………………..…………………………………………………………………………………………………………………........………..

Motivo del viaje: ………………………………………….………………………………………………………………………………………………………………………………….......……..

Observaciones: ………………………………………..…………………………………………………………………………………………………………………………………………........................................................................................................................................................................................................................................................................................................

………………………., a ……… de ……………… de ……….

The / the...

Directorate-General for personnel / controller or Chief of staff.