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Int-3321-2011 Order, Of 21 November, On Issuance Of Title To Foreign Nationals.

Original Language Title: Orden INT/3321/2011, de 21 de noviembre, sobre expedición de título de viaje a extranjeros.

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TEXT

The Organic Law 4/2000 of 11 January on the rights and freedoms of foreigners in Spain and their social integration provides, in the second paragraph of Article 34 thereof, to document, in the terms that it regulates determine, to foreign nationals who cannot be documented by the authorities of any country and provided that a number of exceptional reasons are present.

The Regulation of the Organic Law 4/2000, of 11 January, after its reform by the Organic Law 2/2009, of 11 December, approved by Royal Decree 557/2011, of 20 April, has in its article 212 the faculty of expedition of travel title to foreign nationals in which the circumstances in the case are met, in accordance with the third subparagraph of paragraph 3, that the travel title shall be issued in accordance with the model determined by the Order of the holder of the Ministry of Interior.

Council Regulation (EC) 2252/2004 of 13 December 2004 on rules for security measures and biometric data in passports and travel documents issued by the Member States has been amended by the Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 determining the rules for security measures and biometric data in passports and travel documents issued by Member States with a validity greater than 12 months.

Furthermore, the mandate of the United Nations International Civil Aviation Organization, incorporated in Annex 9. Facilitation of the International Civil Aviation Convention, determines the issue and mechanical reading of travel documents for refugees and stateless persons.

In the light of the above, the Order of the Minister of the Interior of 18 April 1983, on the issue of the title of travel to foreigners, has been overcome by the time elapsed and fundamentally by the need to adapt this document to the Community and international rules, as set out above.

In its virtue, making use of the powers conferred in the third paragraph of article 212 of the Regulation of the Organic Law 4/2000, of January 11, approved by Royal Decree 557/2011, of 20 April, I have:

Article 1. Scope of application.

To foreigners who are in Spain who credit an exceptional need to leave the Spanish territory and cannot provide their own passport, because they are in one of the cases expressed in the second paragraph Article 34 of the Organic Law 4/2000, of 11 January, on the rights and freedoms of foreigners in Spain and their social integration, the Directorate General of Police and the Civil Guard, through the Police Units of Foreign National Police Corps, may issue a travel title to the countries that are specify, in which the return to Spain is foreseen.

To be issued, it will be necessary to carry out the procedures and the fulfilment of the requirements established by the Regulation of the Organic Law 4/2000, of 11 January, approved by Royal Decree 557/2011, of 20 April, in its Article 211, in order to grant a registration card, and the applicant must provide sufficient proof of the need or convenience of travel or travel.

If the object of the travel title is exclusively to enable the applicant to return to his or her country of nationality or residence, the document shall not contain authorization to return to Spain.

The travel title shall consist of the maximum validity and limitations that are determined for each specific case for use.

Article 2. Travel Title Features.

The travel title will be made by the Directorate General of the Police and the Civil Guard, the National Police Corps, according to the characteristics detailed in the Annex.

Article 3. Exclusions.

The provisions of this Order shall not affect the "Travel Documents" granted to refugees, in accordance with the Convention on the Status of Refugees, made in Geneva on 28 July 1951, and the Protocol on the Status of Refugees, made in New York on 31 January 1967, and stateless persons, in accordance with the Convention on the Status of Apemployers in New York on 28 September 1954, and beneficiaries of subsidiary protection, according to Law 12/2009 of 30 October, regulating the right of asylum and subsidiary protection.

Single repeal provision. Regulatory repeal.

The Order of the Minister of the Interior of 18 April 1983, on the issue of a travel title to foreigners, and any provisions of equal or lower rank, are hereby repealed.

Final disposition first. Enablement for development.

The Secretary of State for Security is empowered to issue, on a proposal from the Director General of the Police and the Civil Guard, the additional instructions that are necessary for the best development and compliance with the provided in this Order.

Final disposition second. Entry into force.

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

Madrid, November 21, 2011. -Interior Minister Antonio Camacho Vizcaino.

ANNEX

The travel title will be a document of 32 pages, duly numbered, written in Spanish, French and English, the cover of which will bear the shield of Spain at the top and, at the bottom, the words: "travel title", in the languages referred to above, a chip shall then be incorporated, containing the biometric data necessary for a more complete identification of the holder.

In the first page, the words "Spain", "travel title", in Spanish, French and English, the shield of Spain in the central part and, at the bottom, the legend "This title contains 32 pages", in the top the three languages cited.

On the second page of the biographical data plasticized:

• The number of the travel title, which will match the serial number of the book.

• A personal identifier number that will be that of your holder's registration card document.

• Surnames, names, nationality, date and place of birth, as well as the dates of issue and expiry of the travel title. It shall also contain the digitised signature of the holder, to which it must be sent to the issuing units. These entries will be written in Spanish, English and French.

• The digitised photograph of the holder.

• Two lines of OCR characters at the bottom of the data sheet, for the mechanical reading of these.

On the third page, under the expression "Diligences", they will be included: the countries for which the document is valid, that its validity is of a non-renewable year and that the document is issued because in its holder the impossibility to provide your own passport.

On page 4, under the heading "Warnings", the following shall be stated: " This document is issued only for the purpose of being able to serve as a replacement of a national passport and does not prejudge the nationality of its holder, "It is prohibited to extend or add anything to this document, under penalty of nullity in both cases"; and " The holder of this title has the obligation to make delivery of the same to the representative diplomatic or consular of Spain on arrival at the place where it is issued, if there is no use it for the return, and if it returns, it must return it to the authority that issued it, to its expiration ":

Page five and next, until the last one, under the heading of "Diligences and Visas", will serve to reflect in the same ones as that there was place and the corresponding stamps of "Entry" and "Departure" by borders, ports and airports.