Individual administrative measures

 

Individual administrative measures aim to prevent terrorist acts. They may not have a counterproductive impact on national security or on a person’s reintegration into our society. In this context, CUTA is responsible for issuing a reasoned opinion to the minister of Foreign Affairs, to the minister of the Interior or to the National Security Council, depending on the measure considered. CUTA’s opinion is always based on consultation and close cooperation with its support and partner services, especially with the federal prosecutor’s office.

These measures include:

Passban :

Application of the Passban measure entails refusal, withdrawal or non-renewal of a passport. The decision to apply this measure falls within the remit of the minister of Foreign Affairs on the basis of a reasoned opinion when it appears that a person presents a substantial risk or threat to public order or public security.

Several services (such as the federal public prosecutor’s office, local prosecutors’ offices, the FPS Foreign Affairs and CUTA) can submit a proposal to have a person placed on the Passban list.

ID-ban :

The ID-ban measure entails the withdrawal or invalidation of an identity card, or even the refusal to issue an identity card. The decision to apply this measure falls within the remit of the minister of the Interior. An ID-ban measure automatically involves a Passban measure for the same duration as the ID-ban. This measure may be taken when there are well-founded and very serious indications that a person wishes to travel to a territory where terrorist groups are active in such conditions that they may pose a serious threat of a terrorist act on their return to Belgium. The ID-ban is limited in time. The measure is valid for three months and the procedure can be renewed once if necessary.

Freezing of financial assets :

As part of the fight against the financing of terrorism, the funds and economic resources of persons who commit, attempt to commit, facilitate or participate in terrorist acts are frozen. The persons subject to this measure are placed on the national list (available on the website of the General Administration of Treasury) and the measure is published in the Belgian Official Gazette by Royal Decree. This national list should not be confused with “CUTA’s list”, i.e. the Common Database.

The National Security Council draws up and amends the national list. It relies therefore on CUTA’s assessments, after consultation with the support services and the competent judicial authorities.

At least every six months, the national list is re-examined in order to assess the need to maintain on or remove individuals from the list, or if necessary, to add a person to the list.

Every (natural or juridical) person in Belgium must comply with the national financial sanctions. In practical terms, this means that:

• Everyone is obliged to freeze the funds of these persons.
• It is forbidden to make funds directly or indirectly available to these people.

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