Decree No. 272 of 11 August 1965 Concerning the Establishment of Rules of Procedure of the Code of Nationality
|Publisher||National Legislative Bodies / National Authorities|
|Author||Republic of Benin|
|Publication Date||11 August 1965|
|Cite as||Decree No. 272 of 11 August 1965 Concerning the Establishment of Rules of Procedure of the Code of Nationality [Benin], 11 August 1965, available at: http://www.refworld.org/docid/3ae6b4d78.html [accessed 26 November 2014]|
|Comments||This is an unofficial consolidated translation published in Nationality and Statelessness, A Collection of National Laws, Volume I, Independent Bureau for Humanitarian Affairs, Ferney Voltaire, France, 1996. The original Decree was published in the Journal Officiel de la République du Dahomey, dated 15 August 1965. The amendment included here is: Decree No. 72-62 dated 15 March 1972, which was published in the Journal Officiel de la République du Dahomey dated 15 April 1972.|
|Disclaimer||This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.|
Title I. Declarations of nationality
Declarations submitted in accordance with Article 34 of Dahomey Nationality Code in view of acquiring, refusing, renouncing or abandoning renunciation of the quality of Dahomean in accordance with the provisions of the such Code shall be signed in three copies.
They may be submitted through special authenticated power of attorney. Where the applicant is a minor, he shall justify his legal representative's authorisation. If the legal representative is not present, the declaration must be made in the above mentioned form.
The applicant shall produce the civil status acts or the judgements replacing them.
Where the applicant is unable to obtain the civil status acts or the judgements, they may be replaced by a notoriety act delivered by the president of the court of first instance of his place of birth or of his domicile
The notoriety act shall contain the declaration by three witnesses, relatives or non relatives of the applicant, of the name, surnames, profession and domicile of the petitioner, and those of his father and mother, and if they are known, his place and time of birth , and causes that prevent him from bringing the civil status act. The witnesses shall sign the notoriety act with the president of the court and if some of them do not or cannot sign, the president shall mention it.
The Minister of Justice may exempt the person concerned from producing an act of notoriety if a document in his possession seems conclusive enough to establish his identity and his family situation.
In the case provided for in Article 28 of Dahomey Nationality Code and also in the cases provided in Article 103, 1) and 2) of the said Code, the applicant shall produce documents establishing the admissibility of the declaration as concerns his residence.
In the cases provided for in Articles 8, 13, 17, 25 and 43 of Dahomey Code of Nationality, the applicant shall justify through a certificate issued by the authorities of the country he is a national of, that he fulfils the conditions required by Articles 15 and 26, paragraph 1.
In the case provided for in Article 19 of Dahomey code of Nationality, an alien woman who intends to decline acquisition of her husband's Dahomean nationality shall justify, through a certificate issued by the authorities of the country she is a national of, that she shall keep her nationality of origin despite the marriage.
In the case provided for in Article 48 of Dahomey Code of Nationality, a Dahomean woman who intends to renounce her nationality when marrying an alien, must justify through a certificate issued by the authorities of the country her husband is a national of, that she shall or may acquire the nationality of the husband through marriage.
When a declaration is submitted in accordance with Article 54 and following Articles of the Code of Nationality, the receiving authority shall deliver to the applicant a receipt mentioning the date of submission of the declaration.
When a declaration is submitted in order to acquire the nationality, the receiving authority shall:
(1)undertake an inquiry about morals and loyalty of the applicant;
(2)verify and note, in a transcript, the degree of assimilation of the applicant to the customs and life style of Dahomey and his knowledge of at least one language spoken in the territory of the Republic of Dahomey.
(3)designate a duly appointed medical doctor to examine his health and establish a certificate.
That document shall specify if the person concerned is exempt, or not, from any handicap or physical defect and if he is or not affected by tuberculosis, venereal or mental diseases.
The application including three copies of the declaration, justifying documents, and, in the case provided for in the preceding Article, the bulletin N°2 of the police records as well as the report on his loyalty and morality, the note establishing the assimilation and the medical certificate is, within three months maximum, sent to the Minister of Justice for registration of the declaration, through the Prosecutor of the Republic, if the declaration has been submitted in Dahomey, through the Minister of Foreign Affairs, if the declaration has been submitted abroad.
The Minister of Justice shall examine if the conditions on form and content required by law are fulfilled; if not, he shall refuse to register the declaration through a motivated decision notified to the person concerned in accordance with Article 56 of Dahomey Code of Nationality within six months following the date of the declaration.
Where the Government intends to oppose the acquisition of the Dahomean nationality, in accordance with Articles 31 and 103 of Dahomey Code of Nationality, the applicant shall be notified and a time period shall be granted in order that he produces documents and reports.
The provisions of the present Article shall be applied in the cases provided for in Articles 20 and 23 of the Code of Nationality.
When the declaration is registered, mention shall be made on each of the three copies. The first one shall be addressed to the applicant, the other two shall be kept, one in the archives of the Ministry of Justice the other one at the prosecution of the place of birth of the applicant if he was born in Dahomey, at the Ministry of Foreign Affairs if he was born abroad.
Title II. Requests for naturalisation and re-acquisition.
Any request in view of obtaining naturalisation or re-acquisition shall be addressed to the Minister of Justice.
It shall be submitted to the prefecture of the circumscription where the applicant has established his actual residence.
If the applicant resides abroad, the consular or diplomatic officers of Dahomey shall be qualified to receive the request.
A receipt shall be delivered by the authorities receiving the request.
Any request for naturalisation or re-acquisition shall be subjected to an inquiry by the authorities receiving it.
The inquiry shall concern the moral standards, good behaviour and loyalty of the applicant as well as the interest that the acceptance of the request would represent for the State.
The applicant shall produce the requested civil status acts, documents and titles in order:
-To establish the admissibility of the request in the terms of the law.
-To allow the Minister of Justice to appreciate if the request is of national interest, owing in particular to the family situation, the nationality of origin, the profession of the concerned person as well as the length of his sojourn in Dahomey and the information about his previous residences abroad.
If need be, the production of the civil status documents may be replaced as provided for in Article 2 of the present Article.
The authority receiving the request shall:
(1)verify and note, in a transcript, the degree of assimilation of the applicant to the customs and life style of Dahomey as well as his knowledge of at least one of the languages spoken in the territory of Dahomey.
(2)designate a duly appointed medical doctor to examine the applicant and establish a health certificate. That document shall specify if the person concerned is exempt or not of any handicap and physical defect and is or not affected by tuberculosis, venereal and mental diseases.
Where the applicant resides abroad, the diplomatic or consular agent who receives the request shall designate, for the purpose of the above mentioned examination, the medical doctor appointed to the legation or consulate or, failing that, any other medical doctor.
Within the six months following the submission of the request, the Prefect shall transmit to the Minister of Justice through the Minister of the Interior, the file enclosing the documents produced by the applicant and necessarily:
(1)the bulletin N°2 of his police records and, if need be, of his wife and minor children over fifteen.
(2)a report enclosing the result of the inquiry in accordance with Article 14.
(3)the transcript about assimilation
(4)the medical certificate
(5)his own motivated opinion about the admissibility of the request as well as about the follow-up action that should be taken.
Where the applicant resides abroad, the diplomatic or consular agent who received the request, shall, within the same time period, transmit to the Minister of Justice through the Minister of Foreign Affairs, the file enclosing the documents mentioned above except the Bulletin No. 2 from his criminal record. The Minister of Foreign Affairs shall attach his own recommendation.
The Minister of Justice shall examine if the conditions required by law are fulfilled. If not, he shall declare that the request is not admissible in a motivated decision notified to the person concerned in accordance with Article 64 of the Code of Nationality.
Where the request is admissible, the Minister of Justice, after carrying out any additional inquiry he deems necessary, shall, if he thinks fit, propose the decree of naturalisation or re-acquisition.
Where the Minister of Justice feels that naturalisation or re-integration should not be granted, he shall pronounce on the rejection of the request. His decision shall be notified to the person concerned in accordance with Article 65 of the Code of Nationality.
He may also pronounce the postponement of the request while imposing conditions and time limit. Once the time limit has expired and the conditions fulfilled, the applicant may, if he deems it appropriate, submit a new request.
Title III. Requests in view of obtaining the authorisation to lose the Dahomean nationality.
Any request in view of obtaining the authorisation to lose the Dahomean nationality shall be addressed to the Minister of Justice. Where the applicant resides abroad, it shall be submitted to the diplomatic or consular agent of the nearest mission of Dahomey.
Where the applicant resides in Dahomey, the prefect of the circumscription where he has established his residence shall receive his application.
Request, civil status acts and civil status documents justifying that the person concerned possesses a foreign nationality or intends to acquire it, shall be addressed to the Minister of Justice through, if need be, the Minister of Foreign Affairs, therewith a report and a motivated opinion.
The Minister of Justice shall propose, if he thinks fit, the decree granting the authorisation to lose the Dahomean nationality.
Title IV. Miscellaneous provisions.
A fee (Seal fee) payable to the Treasury shall be charged for any decree of naturalisation, decree of re-acquisition, and decree carrying release of allegiance from Dahomey. The amount shall be fixed as such:
Decree of naturalisation:
10. 000 francs
Decree of re-acquisition:
5. 000 francs
Decree carrying release of Dahomean nationality:
5. 000 francs
The clerks of the courts of first instance shall receive emoluments when they assist the presidents in:
(1)establishing a declaration of nationality (including the necessary procedures for preparing an application): 280 francs;
(2)establishing a certificate of nationality: 140 francs;
(3)establishing the transcript about assimilation as provided in Article 8, paragraph 2: 140 francs.
Subject to repertory fee provided for in the general tariff and repetition of expenses concerning fiscal taxes, no other emolument shall be received by the clerks when establishing certificates or declarations dealing with nationality,
The Minister of Justice, the Minister of Foreign Affairs and the Minister of Finance shall be, to the extend of their competence, in charge of the implementation of the present decree that shall be registered and published in the Official Gazette of the Republic of Dahomey.