When there is doubt about a foreign national’s identity or there are specific grounds for suspecting that the foreign national is concealing or withholding information about his or her identity, travel documents, tickets or other material which may help to clarify or prove identity may be seized. The same applies when there is doubt about a previous place of residence, if this is of significance for entitlement to residence in the realm.When there are specific grounds for suspecting that the foreign national will evade the implementation of an administrative decision, travel documents and other material that may document the foreign national’s identity may be seized. Correspondingly, tickets and money or other assets may be seized to cover expenses which the foreign national has an obligation to cover in connection with exit. The King may issue regulations containing further provisions on the size of the amount that may be seized.The travel documents of foreign nationals whose sole basis for residence in the realm is protection against removal under section 73 may be seized.Decisions concerning seizure shall be made by the chief of police or a person authorised by the chief of police. The decision shall wherever possible be recorded in writing and specify the subject matter of the case, the purpose of the seizure and its scope. A verbal decision shall be recorded in writing as soon as possible. Before seizure is implemented, the decision shall if possible be read out or presented to the foreign national. If no written decision exists, the subject matter of the case and the purpose of the seizure shall if possible be stated verbally.When a foreign national arrives in the realm, items may be seized by a police officer in connection with a search under section 103 and in situations where delay is associated with risk. The seizure shall be reported immediately to the person who otherwise makes decisions concerning seizure; see the fourth paragraph. If no written decision exists, the subject matter of the case and the purpose of the seizure shall if possible be stated verbally. If the seizure is upheld, a decision shall be recorded in writing under the fourth paragraph.Any person who is affected by the seizure may demand that the question of whether it shall be upheld be brought before the court. The police shall ensure that persons affected by the seizure are made aware of this right. The provisions of chapter 16 of the Criminal Procedure Act, with the exception of sections 208 a and 210-212, shall apply insofar as they are relevant.
