National Ordinance, Personal Records Database
AB 2013 GT, no.16 (21-02-2013)
Chapter II
Updating the Basic Registration Administration
Section I
General provisions
Paragraph 1
REGISTERING AND DE-REGISTERING
Article 5
1. Registration in the Basic Registration Administration is done, based on the birth
certificate, the declaration of residence and address, meant in article 7, first
paragraph, of the person in question or officially.
2. By national decree, containing general measures, categories of persons may be
designated who, in connection with their special legal stay status, are not
considered for registration.
3. Only persons who are in possession of a valid residence permit may be registered.
Article 6
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1. Based on the birth certificate, made up by the Registrar of the Civil Registry on
Aruba, Curacao, Sint Maarten, Bonaire, Sint Eustatius or Saba, the child who is not
yet registered in the Basic Registration Administration or in another Basic
Registration Administration, shall be registered if the mother, on the date of birth of
the child, is registered as a resident. If the mother is not registered as a resident in
the Basic Registration Administration or in another Basic Registration
Administration, the child shall be registered in the Basic Registration Administration,
if the father, on the date of birth of the child, was a resident.
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2. The date of birth shall be used as the date of registration.
Article 7
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1. Based on his declaration of residence and address, the person who has not been
registered as a resident in the Basic Registration Administration and who can
reasonably be expected to reside on Sint Maarten for at least two thirds of a period
of six months, shall be registered in the Basic Registration Administration.
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2. The Registrar shall officially be responsible for registration, if no declaration has
been made by a person as meant in the first paragraph.
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3. The registration of a person originating from the Netherlands, who settles on Sint
Maarten, shall not take place until such time as a relocation notice has been
submitted, issued by the council of Mayor and Aldermen of the community in which
that person was last registered as resident in the municipal Basic Registration
Administration, in the Netherlands.
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In the event that it otherwise appears that the departure of the person in question
has been processed in the municipal Basic Registration Administration in the
Netherlands, where he was last registered as a resident, or it appears that the
person in question was not registered there as a resident, the provision in the third
paragraph may be deviated from.
Article 8
The person who is registered in the Basic Registration Administration shall remain registered
after his departure to a country other than Aruba, Curacao or Sint Maarten, or the public
entities Bonaire, Sint Eustatius or Saba or after his death. At that time the updating of his
personal particulars shall be suspended.
Article 9
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1. Deregistration is done solely on the basis of a notice from the Registrar of another
Basic Registration Administration, to the effect that it has decided to register the
person in question in its administration. Deregistration shall take place immediately
after receiving the notice.
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The date of deregistration shall be the same as the date of registration in the other
Basic Registration Administration.
Paragraph 2
RECORDING PERSONAL PARTICULARS
Article 10
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1. Only the following information of the inscribed person is recorded in the Basic
Registration Administration:
a.
General information:
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1. Information with regard to the civil status;
2. Information about guardianship;
3. Information about the authority which is exercised over the minor;
4. Information of the nationality;
5. Information of the legal residency;
6. Information of the address, as well as the stay on Sint Maarten and the departure
from Sint Maarten;
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7. Information about the administration numbers of the inscribed, the parents, the
spouse, the previous spouses and the children;
8. Information about the ID number of the inscribed, the parents, the spouse, the
previous spouses and the children;
9. Information about the use by the inscribed of the family name of the spouse or
previous spouse;
b.
Special information:
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1. Information, necessary in connection with the implementation of the passport
law;
2. Information necessary in connection with the implementation of the Electoral
ordinance;
c.
Administrative information:
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1. Information in connection with the registration and deregistration;
2. Information to indicate deeds and other documents from which general
information has been obtained, or of the legal foundation, pursuant to which
information about the Dutch citizenship has been included;
3. Information to indicate the inaccuracy of a general item of information included
or an item of information included which is in conflict with the public order about
the civil status, or about an investigation as regards that inaccuracy or inconsistency,
as well as other information, necessary in connection with keeping the Basic
Registration Administration updated;
4. Information about the systematic provision of information;
5. Information about non-provision of information, pursuant to article 29.
2. By national decree, containing general measures, we shall further establish which
general, special and administrative information is included and rules shall be set
with regard to the removal and the nullification of this information.
Article 11
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1. In the Basic Registration Administration, after the deregistration, the following
information shall in any event be included, with regard to the deregistered person:
o a.
Referral information:
1. Information about the name and birth;
2. Information about the administration number;
3. Information about the country where the person is registered, about the address in
that country and about the date of registration;
Date of registration:
o b.
Administrative information in connection with the referral information.
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2. Referral information which has been included in the Basic Registration
Administration, shall continue to be included, unless the person in question is reregistered in the Basic Registration Administration as a resident.
3. By national decree, containing general measures, we further establish which
referral information and which administrative information in connection with the
referral information is included and which rules are set with regard to the removal
and the nullification of this information.
Article 12
By national decree, containing general measures, we shall establish on the basis of which
documents, in the cases indicated, information as meant in articles 10 and 11 shall be
included in the Basic Registration Administration.
Section 2
The obligations of the citizen
Article 13
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1. The person, who is reasonably expected to spend two thirds of his/her time on St.
Maarten, during a half year period and who is in the possession of a valid residence
permit, shall report to the Registrar of the Basic Registration Administration in
person, within five days after the start of his stay, in order to make a written
declaration of his stay and address.
2. The resident who changes his address within the country shall report to the
Registrar of the Basic Registration Administration in person within five days after the
change of address to make a written report of the change of address.
3. The resident who shall reside outside of the country during a period of half a year
for at least two thirds of the time, on Aruba, Curacao, Bonaire, Sint Eustatius or
Saba, shall report within ten days prior to his departure to the Registrar of the Basic
Registration Administration, to make a written report of his departure. The same
obligation is applicable to the resident who, during a period of a year shall spend
two thirds of the time outside of the country, in a country other than Aruba or
Curacao or the public entities Bonaire, Sint Eustatius or Saba.
4. By national decree, containing general measures, more detailed rules are set with
regard to the information which must be provided in the framework of the
obligations mentioned in the first through the third paragraph, by the person in
question and those cases shall be regulated in which the first, second and third
paragraph are not applicable.
5. As soon as possible, the resident shall bring to the notice of the Registrar of the
Basic Registration Administration, all the facts, with regard to his civil status and
nationality, which became effective outside of Sint Maarten, and he shall provide
the latter, upon request, in person with the information and shall present the
documents which are necessary to update the Basic Registration Administration.
Upon request of the Minister, he shall present a Dutch translation made by a sworn
translator of a document.
Article 14
The spouse and the surviving relatives up to and including the second degree of a registered
person who passed away abroad, upon request of the Minister shall provide the Registrar of
the Basic Registration Administration, with the information on that passing, to the extent
possible and shall present the documents which are necessary to keep the Basic Registration
Administration up-to-date.
Article 15
 1. Obligations as meant in article 13 rest with:
o a
parents, guardians and caretakers of minor persons, younger than 18 years of age;
o b
parents, guardians and caretakers of minors from 18 years of age, unless the minor has
declared the registration him/herself;
o c
Curator for persons placed under legal restraint.
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2. By national decree, containing general measures, one shall establish the
institutions on which obligations rest, meant in article 13, if the person in question
has not yet declared the registration himself.
Article 16
Obligations, meant in article 13 may be met by:
a.
The parent and his adult child, if both reside at the same address, for each other;
b.
Spouses who reside at the same address, for each other;
c.
Any adult person for a person by whom he has been authorized in writing;
d.
The head of a healthcare institution, for a person residing in that institution who, due to the
condition of his health cannot be considered to meet his obligations or to give authorization
to this end, or the spouse or the blood relatives or in-laws up to and including the second
degree of such a person, through the presenting of a written statement from the head of the
institution in question.
Leona Romeo Marlin
Department head
Civil Registry of Sint Maarten