|
Passport Act (Passgesetz,
PassG) |
of
19 April 1986 (Federal Law Gazette I p. 537), last amended by Article 1 of the
Act of 20 July 2007 (Federal Law Gazette I p. 1566, 2317)
Table of Contents
Chapter
I: Passport regulations
Section
1 Passport requirement
Section
1 Passport requirement
Section
2 Exemption from the passport requirement
Section
3 Border crossing
Section
4 Passport specimens
Section
5 Length of validity
Section
6 Passport issuance.
Section
6a Forms and procedures for collecting, checking and transmitting passport data
Section
7 Refusal to issue a passport
Section
8 Revocation of passports
Section
9 Recording of measures taken pursuant to the Passport Act
Section
10 Prohibition on travel out of the country
Section
11 Invalid passports
Section
12 Withdrawal
Section
13 Confiscation
Section
14 Immediate effect
Section
15 Obligations of passport holders
Section
16 Data protection provisions
Section
16a Verification of identity using biometric data
Section
17 Automated searching of databases and automated storage by government
agencies
Section
18 Use in the private sector
Section
19 Competence
Section
20 Costs
Section
21 Passport register
Section
22 Processing and using data in the passport register
Section
22a Electronic data transmission and automated retrieval of photographs
Section
23 Authority to issue instructions
Chapter
II: Provisions on punishment for criminal offences and fines
Section
24 Criminal offences
Section
25 Administrative offences
Section
26 Fining authorities
Chapter
III: Final provisions
Section
27 General administrative provisions
Section
28 Transitional provisions
Chapter
I: Passport regulations
Section 1 Passport requirement
(1) Germans within the meaning of Article
116 (1) of the Basic Law of the Federal Republic of Germany leaving or entering
the geographical area in which this law applies are required to carry a valid
passport to identify themselves. Presenting a passport
of the Federal Republic of Germany within the meaning of (2) shall fulfil this requirement.
(2) The following shall qualify as
passports within the meaning of this Act:
1. passports
2. child passports,
3. temporary passports,
4. official passports
a) service passports,
b) diplomatic passports,
c) temporary service passports,
d) temporary diplomatic passports.
(3) No one shall be permitted to possess
more than one passport of the Federal Republic of Germany unless a legitimate
interest in issuing more than one passport is demonstrated.
(4) Passports may be issued only to
Germans within the meaning of Article 116 (1) of the Basic Law; the passport is
the property of the Federal Republic of Germany. Official passports may also be
issued to
1. diplomats
within the meaning of the Vienna Convention on Diplomatic Relations of 18 April
1961 (Federal Law Gazette 1964 II p. 959) and consular officials within the
meaning of the Vienna Convention on Consular Relations of 24 April 1963
(Federal Law Gazette 1969 II p. 1587) and their family members, as well as
2. other persons serving the Federal Republic of Germany abroad
in an official capacity and their family members,
if these persons are not Germans within the
meaning of Article 116 (1) of the Basic Law.
(5) The Federal Ministry of the Interior
shall designate the body responsible for printing passports and shall publish
its name in the Federal Gazette.
Section 2 Exemption from the passport
requirement
(1) The Federal Ministry of the Interior
may, via statutory instruments with the approval of the Bundesrat,
1. exempt Germans from the requirement to carry a passport in
order to facilitate border crossing in special cases and in relations with
individual foreign countries;
2. introduce or approve other official identification papers as
passport substitutes.
(2) The authorities responsible for
policing cross-border traffic may permit exemptions from the passport
requirement in individual cases, especially for humanitarian reasons.
Section 3 Border crossing
Crossing the external borders shall be
permitted only at the designated border crossing points and within the
stipulated opening hours, unless exceptions are permitted on the basis of other
statutory provisions or inter-governmental agreements.
Section 4 Passport specimens
(1) Passports shall be issued in
accordance with standard specimens; they shall be given a serial number. In
addition to a photograph of the passport holder and his/her signature, each
passport shall contain only the following information about the passport
holder:
1. surname and name at birth, if different;
2. forename(s),
3. doctoral degree;
4. (discontinued);
5. date and place of birth,
6. sex;
7. height;
8. eye colour;
9. place of residence;
10. country of citizenship.
The indicated sex shall be the same as
that entered in the official civil register. In derogation from the third
sentence, a passport applicant whose forename(s) have been changed by court
decision in accordance with Section 1 of the Act on Transsexuals shall be
issued a passport in which the indicated sex differs from the one entered in
the official register at birth.
(2) The passport shall contain a
machine-readable zone. This zone may contain only
1. the following abbreviations:
a) “P” for
passport,
b) “PC” for
child passport,
c) “PP” for
temporary passport,
d) “PO” for
service passport and temporary service passport, and
e) “PD” for
diplomatic passport and temporary diplomatic passport;
2. the abbreviation “D” for the Federal Republic of Germany,
3. the holder’s surnames,
4. forename(s),
5. the
passport’s serial number; for passports, service passports and diplomatic
passports, the serial number shall consist of the passport authority’s code
number and a randomly assigned passport number and may contain both numerals
and letters. For child passports, temporary passports, temporary service
passports and temporary diplomatic passports, the serial number shall consist
of a series letter and seven numerals;
6. the abbreviation “D” to indicate German citizenship, or the
appropriate abbreviation for other citizenship in case of official passports
issued to non-Germans,
7. date of birth,
8. the abbreviation “F” for female passport holders and “M” for
male passport holders,
9. the passport’s length of validity,
10. the check digits and
11. blank spaces.
(3) In accordance with Council Regulation
(EC) No 2252/2004 of 13 December 2004 on standards for security features and
biometrics in passports and travel documents issued by Member States (OJ L 385
p. 1), passports, service passports and diplomatic passports shall include a
storage medium which shall contain a facial image, fingerprints, information on
which fingers were used for fingerprinting, the quality of the prints and the
information listed in (2) second sentence. The data shall be secured against
unauthorized reading, alternation and deletion. No nation-wide database of the
biometric data referred to in the first sentence shall be established.
(4) Flat prints of the passport holder’s left and
right index fingers shall be stored on the passport’s electronic storage
medium. In case of a missing index finger, injured fingertip or poor-quality
print, a flat print of the thumb, middle or ring finger shall be stored
instead. Fingerprints shall not be stored if it is not possible to take prints
for medical reasons of a more than temporary nature.
(4a) Children under the age of 12 shall be
issued a child passport without an electronic storage medium upon request;
issuing a passport shall be permitted. In derogation from (3) first sentence,
no fingerprints shall be stored on passports of passport applicants under the
age of 6. A child aged 10 or over at the time the passport application is made
shall sign his/her own passport.
(5) The specimens of passports, temporary
passports and child passports and the requirements for passport photographs
shall be determined by the Federal Ministry of the Interior in consultation
with the Federal Foreign Office, via statutory instruments with the approval of
the Bundesrat. The same shall apply to passport
substitutes, unless such specimens are defined in other regulations or
intergovernmental agreements.
(6) The specimens of official passports,
the requirements for passport photographs and the definition of persons
referred to in Section 1 (4) second sentence shall be determined by the Federal
Ministry of the Interior in consultation with the Federal Foreign Office, via
statutory instruments not requiring Bundesrat
approval. Official passports may contain information about the passport
holder’s employment status. The statutory instrument may also contain
provisions concerning the passport issuance, withdrawal, confiscation and
length of validity as well as obligations of the holder which differ from those
of this Act.
Section 5 Length of validity
(1) Passports, service passports and
diplomatic passports shall be valid for ten years. Passports issued to persons
under age 24 and in the case of Section 1 (3) shall be valid for six years.
(2) Child passports shall be valid for a
maximum of six years but not past the child’s twelfth birthday.
(3) Temporary passports, temporary service
passports and temporary diplomatic passports shall be valid for a maximum of
one year.
(4) The passport’s length of validity shall not be
extended. In derogation from the first sentence, child passports may be
extended to the child’s twelfth birthday. The passport shall include a current
photograph.
(5) In the cases referred to in Section 29
of the Nationality Act, a passport shall not be valid past the holder’s 23rd
birthday until the responsible authority has determined whether the holder may
retain his/her German citizenship.
(6) Section 7 (2) shall remain unaffected.
Section 6
Passport issuance.
(1) Passports shall be issued upon
application. Section 3a of the Administrative Procedure Act shall not apply.
During the application process, information to be provided following the
initial application may be submitted electronically. An authorized
representative may not file a passport application on behalf of the passport
applicant and his/her legal representative. This shall not apply to a passport
applicant who is unable to act or provide consent, upon presentation of a power
of attorney that has been publicly certified or notarized for this purpose. In
the case of minors and persons who are legally incapable and who do not have an
authorized representative in accordance with the fifth sentence, the only
person who may file a passport application on their behalf is the custodial
adult responsible for supervising their residency. The passport applicant and
his/her legal or authorized representative are to appear in person. If the
passport applicant is unable to appear in person, he/she may apply only for a
temporary passport.
(2) In their applications, applicants
should provide all information needed to confirm the applicant’s identity and
status as a German citizen or, in the cases referred to in Section 1 (4) second
sentence, as a citizen of another country. Passport applicants shall provide
the necessary proof. If fingerprints are to be included in the passport, these
shall be taken and enrolled electronically in accordance with Section 4 (4);
passport applicants shall cooperate when their fingerprints are taken.
(2a) If in accordance
with Section 4 (1) fourth sentence, a passport applicant indicates a different
sex than the one entered in the civil register at birth, the applicant shall
present the court decision on the change of forename under Section 1 of the Act
on Transsexuals. Indicating a different sex on the passport than the one
entered in the civil register at birth shall have no effect in law.
(2b) In the cases referred to in Section 1 (4) second
sentence, the responsible passport authority may request information from the
Central Aliens Register before issuing an official passport in order to check
for possible grounds for refusing to issue a passport under Section 7 (1) nos.
1 through 5, or to check other security concerns. In the cases of Section 1 (4)
second sentence, under Section 4 (1) the responsible passport authority may
forward the data collected to the Federal Intelligence Service, the Federal
Office for the Protection of the Constitution, the Military Counterintelligence
Service, the Federal Criminal Police Office and the Central Office of the
German Customs Investigation Service if necessary to check on grounds for
refusing to issue a passport under Section 7 (1) nos. 1 through 5 or to check
other security concerns; further, the passport authority may provide the data
obtained pursuant to (2) third sentence to the Federal Criminal Police Office,
which will provide administrative assistance in assessing the data. The second
sentence shall not apply to citizens of other European Union member states. The
authorities contacted under the second sentence shall inform the requesting
passport authority without delay if there are grounds for refusing to issue a
passport under Section 7 (1) nos. 1 through 5 or if there are other security
concerns.
(3) In case of doubt regarding the
passport applicant’s identity, the necessary measures to establish his/her
identity shall be taken The passport authority may arrange to have passport
applicants photographed and fingerprinted by the police if it would otherwise
be impossible or extremely difficult to determine the applicant’s identity.
Once the applicant’s identity has been confirmed, any documents collected for
the purpose of determining such identity shall be destroyed. A record of the
destruction shall be drawn up.
(4) The passport authority may officially
issue a passport if doing so is in the greater public interest or is advisable
to prevent significant disadvantages for the person concerned.
(5) Paragraphs (1) through (4) also apply
to official identification documents issued exclusively as passport
substitutes, unless otherwise indicated in provisions of applicable law.
Section 6a Forms and procedures for
collecting, checking and transmitting passport data
(1) Data needed for the production of passports, in
particular all data from passport applications, shall be sent from the passport
authorities to the body responsible for printing passports electronically. The
data may also be transmitted via intermediary agencies. The bodies concerned
shall take state-of-the-art measures to ensure data protection and data
security, in particular to guarantee the confidentiality and integrity of the
data; when publicly accessible networks are used, state-of-the-art encryption
methods shall be applied.
(2) For the electronic enrolment of the
photograph and fingerprints, for quality assurance and transmission of passport
application data from the passport authority to the body responsible for
printing passports, only those technical systems and components may be used
which meet the requirements of the regulation as given in (3). The Federal
Office for Information Security shall determine whether the requirements are
met.
(3) The Federal Government shall be
authorized, via statutory instrument requiring Bundesrat
approval, to establish rules concerning procedures and technical specifications
for enrolling and ensuring the quality of passport photographs and
fingerprints, as well as the sequence of fingerprints to be stored in case of a
missing index finger, injured fingertip or poor-quality print, and concerning
the form and details of the procedure for transmitting all passport application
data from the passport authority to the body responsible for printing
passports. The statutory instrument shall also govern the details of the procedure
for determining whether requirements are met pursuant to (2) second sentence.
Section 7 Refusal to issue a passport
(1) The authorities shall refuse to issue
a passport when there are reasonable grounds to believe that the passport
applicant
1. constitutes a
threat to the internal or external security or to other significant interests
of the Federal Republic of Germany;
2. intends to
evade prosecution or sentencing or the imposition or execution of a custodial
measure of reform and prevention pending in the area of application of this
Act;
3. intends to
violate provisions of the Narcotics Act concerning the import, export, transit or trafficking of narcotics;
4. intends to
evade his/her tax obligations, or to violate provisions of customs or monopoly
law or of foreign trade and payments law, or to commit serious violations of
import, export or transit bans or restrictions;
5. intends to evade a legal support obligation;
6. intends to
commit him-/herself to military service outside the Bundeswehr
without authorization;
7. is subject to
compulsory military service as a member of an age cohort for which registration
has begun and intends to leave the Federal Republic of Germany for more than
three months without having the necessary permission from the regional
selection and induction office pursuant to Section 3 (2) of the Compulsory
Military Service Act;
8. is subject to compulsory military service and intends to
leave the Federal Republic without having the necessary permission from the
regional selection and induction office pursuant to Section 48 (1) no. 5 (b) or
Section 48 (2) of the Compulsory Military Service Act;
9. has been officially recognized as a conscientious objector
and intends to leave the Federal Republic of Germany for more than three months
without having the necessary permission from the Federal Office of Civilian
Service pursuant to Section 23 (4) of the Act on Civilian Alternative Service.
(2) Refusal to issue a passport shall be
avoided when it would be unreasonable, especially when it is sufficient to
restrict the passport’s area or length of validity. Such restrictions shall be
noted in the passport. If the conditions for such restrictions cease to exist,
a new passport shall be issued upon request.
(3) Paragraphs (1) and (2) shall apply
also to other official identification papers intended exclusively for use as
passport substitutes.
(4) The authorities may not refuse to
issue passports or passport substitutes to enter the area of application of
this Act.
Section 8 Revocation of passports
Passports or other official identification
papers intended exclusively for use as passport substitutes may be revoked if
facts which would justify revocation pursuant to Section 7 (1) come to the
attention of the authorities.
Section 9 Recording of measures taken
pursuant to the Passport Act
Orders pursuant to Section 7 (1) or (2) or
Section 8 may be recorded in the border police search database.
Section
10 Prohibition on travel out of the country
(1) The authorities responsible for
policing cross-border traffic shall prohibit any German from leaving the
country who has been refused a passport pursuant to Section 7 (1), or whose
passport has been revoked pursuant to Section 8 or who is subject to an order
pursuant to Section 2 (2) of the Act on Identity Cards. The authorities may
prohibit any German from leaving the country who is not carrying a valid
passport or passport substitute allowing him/her to leave the country or if
there are reasonable grounds to believe that he/she fulfils the conditions
listed in Section 7 (1). The authorities may prohibit any German from leaving
the country if there are reasonable grounds to believe that the passport’s area
or length of validity should be restricted pursuant to Section 7 (2) first
sentence.
(2) In exceptional cases, the authorities
responsible for policing cross-border traffic may permit a German who should be
prohibited from leaving the country pursuant to (1) first sentence to leave the
country, if he/she has a credible and urgent reason for having to leave the
country.
(3) The authorities may not refuse any
German entry to the area of application of this Act.
Section 11 Invalid passports
A passport or passport substitute shall be
invalid if
1. it has been altered or does not allow the passport holder’s
identity to be established without doubt;
2. it lacks information mandated by this Act, or the
information (other than place of residence) is incorrect;
3. the date of expiry has passed.
Section 12 Withdrawal
(1) A passport or passport substitute
which is invalid under Section 11 may be withdrawn.
(2) If a person has more than one passport
without authorization, all but one of them shall be withdrawn.
(3) Withdrawal may be waived if the grounds for
withdrawal have been remedied or no longer exist.
Section 13 Confiscation
(1) A passport or other official
identification document intended exclusively for use as a passport substitute
may be confiscated if
1. it is held by an unauthorized person;
2. there is reason to believe that grounds for refusing a
passport pursuant to Section 7 (1) exist;
3. there is reason to believe that grounds for withdrawal
pursuant to Section 12 exist.
(2) Confiscation shall be confirmed in
writing.
(3) Paragraphs (1) and (2) shall apply accordingly
to identity cards abroad.
Section 14 Immediate effect
Challenges or appeals against prohibition
on leaving the country (Section 10) and confiscation of passports (Section 13)
shall not have a suspensive effect.
Section 15 Obligations of passport holders
Passport holders shall be required to
carry out the following without delay:
1. present their passport to the passport authorities if the
passport contains erroneous information;
2. surrender their old passport to the passport authorities upon
receipt of a new passport;
3. report a lost passport to the passport authorities and also
whether it has been found;
4. inform the passport authorities of any foreign citizenship
acquired; and
5. inform the passport authorities of any voluntary service in
the armed forces or similar organization of a foreign country of which they are
citizens.
Section 16 Data protection provisions
(1) Passport serial numbers and check
digits may not contain any of the passport holder’s personal information or
references to such information. Each passport shall have a new serial number.
(2) Passport application and issuance may not be used
as a reason to store passport information and biometric identifiers anywhere
other than with the responsible passport authorities. The same shall apply to
the accompanying documents necessary for passport issuance and to the
photographic storage medium (microfilm). Fingerprints stored by the passport
authority shall be erased at the latest when the passport is handed over to the
passport applicant.
(3) Only the body responsible for printing
passports shall be allowed to keep a central record of all passport serial
numbers; such a record shall be used only to keep track of the whereabouts of
passports. The body responsible for printing passports shall not be allowed to
store other data listed in Section 4 (1) or biometric data listed in Section 4
(3) unless these data are needed exclusively and temporarily for passport
production, after which these data shall be erased.
(4) Passport serial numbers may not be
used in such a way that it is possible to retrieve personal data from databases
or to link data files. In derogation from the first sentence, the following may
use passport serial numbers for the following purposes:
1. passport authorities in order to retrieve personal data from
their databases;
2. federal and Land police authorities and offices in order to
retrieve the serial numbers of passports which have been lost or declared
invalid or which are suspected of being used by unauthorized persons.
(5) Paragraphs (1) through (4) shall also
apply to other official identification documents intended exclusively for use
as passport substitutes.
(6) Upon request, the passport authorities
shall allow passport holders to inspect the data stored on the passport chip.
Section 16a Verification of identity using
biometric data
Data stored on the passport chip may be
read and used only to verify the authenticity of the document and the identity
of the passport holder, and only in accordance with the second and third
sentences. If the law enforcement or customs authorities, passport, ID card or
registration authorities may check the authenticity of the passport or the
identity of the passport holder, they are authorized to read biometric and
other data stored on the passport’s storage medium, to take the necessary
biometric data from the passport holder and to compare these biometric data.
The
data collected in accordance with the second sentence
shall be erased without delay after the authenticity of the passport or the
identity of its holder has been checked.
Section 17 Automated searching of
databases and automated storage by government agencies
(1) Authorities and other public agencies may
not use passports for the automated retrieval of personal data. In derogation
from the first sentence, federal and Land police authorities and offices as
well as customs authorities, as far as these are responsible for carrying out
border checks, may use passports within the limits of their duties and powers
for the automated retrieval of personal data recorded for the purposes of
1. border control,
2. alerts or to establish a person’s whereabouts for reasons of
criminal prosecution, enforcement of a criminal sentence or to prevent threats
to public security in police databases. No subject-related record of database
searches that have not yielded any results may be kept, except as provided in
paragraph (2).
(2) Unless the law provides otherwise,
personal data may not be stored in databases when the passport is read
automatically; this also applies to searches of police databases that have
yielded results.
Section 18 Use in the private sector
(1) Passports and passport substitutes may
be used as proof of identity also in the private sector.
(2) Passport serial numbers may not be
used in such a way that it is possible to access personal data from databases
or to link data files.
(3) Passports may not be used for
automated searches of personal data or for automated storage of personal data.
(4) Transport operators may electronically
read and process personal data from the passport’s machine-readable zone only
if they are required by international agreements or entry regulations to assist
with controls in international travel and to transmit personal data. Biometric
data may not be read. The data shall be deleted as soon as they are no longer
needed to fulfil these obligations.
Section
19 Competence
(1) The passport authorities designated by
the Länder shall be responsible for passport matters
within the scope of this Act. The authorities and offices responsible for
policing cross-border traffic shall be responsible for issuing temporary
official identification documents for use only as passport substitutes.
(2) The diplomatic missions of the Federal
Republic of Germany (passport authorities) designated by the Federal Foreign
Office shall be responsible for passport matters abroad.
(3) Within the scope of this Act, the
passport authority in the district in which the passport applicant or holder
has registered his/her residence or primary residence shall have local
responsibility. Outside Germany, the passport authority in the district in
which the passport applicant or holder usually resides shall have local
responsibility. If this provides no grounds for responsibility, the passport
authority in the district in which the passport applicant or holder temporarily
resides shall be responsible.
(4) A passport authority which does not
have authority may take action only with the authorization of the responsible
passport authority. No authorization shall be required to issue a passport or
passport substitute for entry into the area where this Act applies.
(5) The Federal Foreign Office shall be
the passport authority for official passports.
(6) The passport authorities and the
authorities and officers authorized to establish a person’s identity shall be
responsible for confiscation.
Section 20 Costs
(1) Reimbursement for the costs (fees and
expenses) of official action pursuant to this Act and to statutory instruments
based on this Act may be collected from persons who caused such action to be
taken or, in the absence of such persons, on whose behalf such action was
taken.
(2) The Federal Ministry of the Interior
shall be authorized to define the circumstances in which fees shall be payable,
the levels of fees and the extent of expenses to be reimbursed, as well as any
exceptions to the fee requirement, via
statutory instrument with the approval of the Bundesrat. The fees for official action pursuant to
paragraph (1) may double if the official action was undertaken by a passport
authority outside normal business hours at the request of the applicant.
(3) In order to compensate for differences
in buying power, the Federal Foreign Office may reduce or add a surcharge of up
to 200% on fees collected by the Federal Republic of Germany’s diplomatic
missions abroad for official action pursuant to paragraph (1).
Section 21 Passport register
(1) The passport authorities shall keep a
register of passports.
(2) In addition to the photograph and
signature of the passport holder and the necessary processing notes, the
passport register shall record only the following data:
1. surname and name at birth, if different;
2. forename(s),
3. doctoral degree,
4. (discontinued),
5. date and place of birth,
6. sex,
7. height and eye colour,
8. current address,
9. country of citizenship,
10. serial number,
11. date of expiry,
12. (discontinued),
13. surname, forename(s), date of birth and signature of legal
representatives,
14. issuing authority,
15. notes on
orders pursuant to Sections 7, 8 and 10,
16. information concerning the passport holder’s obligation to
furnish a declaration pursuant to Section 29 of the Nationality Act.
(3) The passport register shall serve the
following purposes:
1. issuing passports and verifying their authenticity,
2. verifying the identity of the passport holder or the person
to whom the passport was issued,
3. enforcing this Act.
(4) Personal data in the passport register shall be
kept at least until a new passport is issued but no longer than five years
after the expiration of the relevant passport, when they shall be deleted.
Passport authorities abroad with consular responsibilities shall retain such
data for 30 years.
Section 22 Processing and using data in
the passport register
(1) Passport authorities may collect, transmit, otherwise process or use personal data only in accordance
with this or other Acts or regulations.
(2) Passport authorities may transmit data
in the passport register to other authorities at their request under the
following conditions:
1. the requesting authority is authorized by law or statutory
instrument to receive such data,
2. the requesting authority would not be able to fulfil its assigned duties without knowledge of the data
and
3. the data cannot be obtained from the data subject without
unreasonable effort, or the nature of the task for which the data are required
means that the data cannot be collected in this way.
Data which are also kept in the civil
register are additionally subject to the restrictions contained in the
legislation on registration.
(3) The requesting authority shall be
responsible for ensuring that the conditions in paragraph (2) are met. Only those staff who are specially authorized by the head of the
authority may submit requests pursuant to paragraph (2). The requesting
authority shall keep a record of the reason for the request and the source of
the data and files transmitted. If the Federal Office for the Protection of the
Constitution, the Federal Intelligence Service, the Military
Counterintelligence Service, the Federal Criminal Police Office or the Federal
Public Prosecutor requests the passport authority to transmit data, the
requesting authority shall record the name and address of the data subject and
the reason for transmitting the data. Such records shall be retained
separately, secured using technical and organizational means and destroyed at
the end of the calendar year following the year in which the data were
transmitted.
(4) Data from the passport register may be
used to correct data in the civil register and vice versa.
Section
22a Electronic data transmission and automated retrieval of photographs
(1) In the cases covered by Section 22
(2), data may also be transmitted electronically. Section 6a (1) third sentence
shall apply accordingly.
(2) When photographs are to be transmitted
from the passport authorities to the police and agencies of public order in
accordance with Section 19 (1) first sentence in connection with the
investigation of criminal offences and traffic violations, such photographs may
be retrieved using an automated process. Automated retrieval shall be permitted
only when the passport authority is not available and further delay would
endanger the investigation. Law enforcement agencies at the county level, to be
designated by Land law, shall be responsible for retrieval. The retrieving
authority shall be responsible for ensuring that the conditions in paragraphs
(1) and (2) second sentence are met. The participating authorities shall keep a
record of all retrievals to enable their permissibility to be checked. The
records shall contain
1. fore- and
surnames and date and place of birth of the person
whose photograph was retrieved,
2. date and time of retrieval,
3. the offices involved in the retrieval,
4. the name of the persons performing and responsible for the
retrieval, and
5. the file reference number.
Section 22 (3) fifth sentence shall apply
accordingly.
Section 23 Authority to issue instructions
The Federal Government may issue
individual instructions to carry out this Act and the statutory instruments
issued in connection with it, as required by internal or foreign security or
other serious interests of the Federal Republic of Germany.
Chapter
II: Provisions on punishment for criminal offences and fines
Section 24 Criminal offences
(1) Any German as defined in Section 116
(1) of the Basic Law committing any of the following shall be punishable by up
to one year in prison or a fine:
1. leaving the
area in which this Act applies by crossing an external border although he/she
has been denied a passport or his/her passport has been revoked or he/she is
subject to an enforceable order pursuant to Section 7 (2) of this Act or to
Section 2 (2) of the Act on Identity Cards;
2. leaving the area in which this Act applies by crossing an
external border although the authority responsible for policing cross-border
traffic has prohibited him/her from leaving the country pursuant to Section 10
(1) second or third sentence.
(2) An attempt to commit such offences
shall be punishable.
Section 25 Administrative offences
(1) Anyone who negligently commits any of
the acts listed in Section 24 (1) first sentence shall be deemed to have
committed an administrative offence.
(2) Anyone who commits any of the
following shall be deemed to have committed an administrative offence:
1. causes a
second passport to be issued by providing false information;
2. evades police
controls of cross-border traffic at an external border;
3. fails to report in a timely fashion in violation of Section
15 nos. 3, 4 or 5;
4. violates a prohibition against using
a) a serial number in
accordance with Section 18 (2), or
b) a passport for automated
searches or for automated storage of personal data in accordance with Section
18 (3),
or
5. in violation of Section 18 (4) reads or processes data, or
fails to delete data or to delete data on time, or reads biometric data.
(3) Anyone who intentionally or
negligently commits any of the following shall be deemed to have committed an
administrative offence:
1. is not
carrying a passport or passport substitute or does not present it in a timely
fashion, in violation of Section 1 (1) first sentence, also in conjunction with
a statutory instrument pursuant to Section 2 (1) no. 2; or
2. crosses an external border other than at a designated border
crossing point or outside the stipulated opening hours in violation of Section
3.
(4) The administrative offence shall be
punishable by a fine of up to two thousand five hundred euros
in the cases covered by paragraph (1), paragraph (2) nos. 1, 3, 4 and 5, and
paragraph (3), and by a fine of up to five thousand euros
in the case of paragraph (2) no. 2.
(5) An attempt to commit an administrative offence may
be punishable in the cases covered by paragraphs (2) and (3).
(6) An offence committed in a foreign
country may be punishable in the cases covered by paragraph (2) nos. 1 and 3.
Section 26 Fining authorities
Administrative authorities within the
meaning of Section 36 (1) no. 1 of the Act on Administrative Offences shall be
1. for the Federal
Republic of Germany’s diplomatic missions abroad, the Federal Foreign Office,
or a federal authority designated via statutory instrument by the Federal
Foreign Office in consultation with the Federal Ministry of the Interior; the
statutory instrument shall not require Bundesrat
approval;
2. the Federal Police regional offices, unless the Länder, with federal agreement, use their own forces to
carry out routine border policing tasks.
Chapter
III: Final provisions
Section 27 General administrative provisions
The Federal Foreign Office, in
consultation with the Federal Ministry of the Interior, shall issue general
administrative regulations for issuing official passports.
Section 28 Transitional provisions
(1) Child passports issued before 1
November 2007 on the basis of a statutory instrument pursuant to Section 2 (1)
no. 2 as passport substitutes shall qualify as passports in the meaning of this
Act if they are machine-readable and contain a digital photograph. In
derogation from Section 1 (3), it shall be permissible to hold both a child
passport in the meaning of the first sentence and a passport, as long as the
passport was issued before this Act entered into force.
(2) If the passport authority does not yet
have the technical capacity for electronic data transmission, until 30 June
2008 data may be transmitted between passport authorities and intermediary
agencies using electronic storage media instead of electronic data
transmission, in derogation from Section 6a (1) first and second sentences.
Section 6a (1) third sentence, first clause shall apply accordingly.
The above translation is unofficial. It was published
by the Federal Ministry of the Interior. Reproduced with kind
permission. © 1986 Federal Ministry of the
Interior. This HTML edition by Nico Köppel, and © 2009 Gerhard Dannemann. The contents of this page may be
downloaded and printed out in single copies for individual use only. Making
multiple copies without permission is prohibited.