National Identification Registry (NIR) Act of 2011

Section 1.1 — Establishment of the National Identification Registry

That from and immediately upon the passage of this Act, there shall be established a NATIONAL IDENTIFICATION REGISTRY (hereinafter referred to in this Act interchangeably as "NIR" or the "Registry") as an autonomous entity within the Executive Branch of the Government of Liberia repealing PRC Decree #65, establishing the National Identification Card System.

Section 1.2 — Short Titles

This Act shall also be cited as the National Identification Registry (NIR) Act of 2011.

Section 1.3 — Definitions

In this Act, the following words and phrases shall have the following meanings:

a. "Government" means the Government of the Republic of Liberia.

b. "Biometrics" means the measurement of human physiographic characteristics such as fingerprints, thumb geometry, facial geometry, hair, eyes, iris, ear-lobes, etc.

c. "Double Dipping" means a particular kind of fraud whereby an individual unlawfully obtains benefits under multiple identities.

d. "Identification" means the process whereby a particular person's identity is established.

e. "Authentication" means the confirmation of an assertion relative to the identity of a person.

f. "Board of Registrars" means the body established in Part II of this Act as the governing body of the National Identification Registry.

g. "NBIS" is an acronym for National Biometrics Identification System.

h. "President" means the President of the Republic of Liberia.

i. "NIR" is an acronym for National Identification Registry.

Section 2.1 — Powers of the Registry

The Registry shall have the power to:

a. sue and be sued in its name;

b. enter into any and all contracts that are directly or otherwise reasonably related to the discharge of its functions; and

c. acquire, hold, manage and alienate movable or immovable properties by whatever lawful means in connection with the pursuit of its purpose; and

d. perform any and all of its functions established under this Act.

Section 2.2 — Common Seal

The Registry shall have a common seal, which shall be kept in such custody as shall be determined from time to time by the competent authority established in this Act. The seal shall not be affixed to any document or instrument except upon proper authorization.

Section 3.1 — General Function

The general function of the Registry shall be to design, establish, maintain and administer/implement the National Biometric Identification System (NBIS) of the Republic of Liberia.

Section 3.2 — Specific Functions

In furtherance of its general function as set forth hereinabove, the Registry shall have the following specific functions:

a. To design, establish and/or acquire the technical infrastructure and control procedures that will serve as the platform for implementation of the NBIS;

b. To collect, organize, store, secure, and grant access to secure biometric data to be collected from individuals applying for national biometric identification cards; and other key documents such as Passport, Drivers license and Social Security cards.

c. To evaluate and determine, in keeping with due process of law, the adequacy of information provided by applicants for biometric identification cards;

d. To design, produce, and issue biometric cards, each with a unique identifying number to be called a Social Security Number, to be the primary government approved identity number (for registration of birth, death, passports, immigrant documents, bank accounts, Drivers License social security benefits, and other identification documents) supported by adequate and appropriate security features to address the challenge of possible fraudulent duplication;

e. To develop and adopt appropriate rules and procedures for the submission and evaluation of biometric data and other information as well as the storage and security of such data and information;

f. To advise and assist the Government of Liberia and its agencies in improving and strengthening the collection, storage, evaluation and security of information and documents collected to register births, issue passports, and other identification documents.

g. To engage and hire employees and other members of staff for the effective discharge of its functions, and in connection therewith to determine the compensation and other terms and conditions of employment for staff;

h. To solicit funding and technical assistance for the purpose of carrying on its functions;

i. To purchase all necessary equipment, services and supplies as appropriate for the execution of its responsibilities;

j. To ensure that the collection and release of data are in conformity with the Freedom of Information laws of Liberia and do not in any way infringe on the right to privacy guaranteed by the Constitution; and

k. To do all other things appropriate or necessary for the effective and efficient discharge of its functions.

Section 4.1 — Governing Body

The NIR shall be governed by a Board of Registrars, the membership and appointment of which shall be as provided in Part 5 of this Act.

Section 4.2 — Composition of the Board

The Board of Registrars shall comprise of five (5) members and shall include the Minister of Internal Affairs, Director-General of LISGIS, Minister of Health, Minister of Justice and Director General of National Social Security & Welfare Corporation.

Section 4.3 — Appointment of Board Members

Each member of the Board of Registrars shall be appointed by the President of Liberia and confirmed by the Liberian Senate.

Section 4.4 — Removal from Office

A member of the Board of Registrars may be removed from office by the President, for cause, to include but not limited to the following:

a. Inability to perform the functions of the office;

b. Misconduct and breach of duties as a Board member;

c. For fraud or dishonesty; or

d. Failure to timely disclose a material conflict of interest.

Section 4.5 — Board Meetings

The Board shall meet on a quarterly basis and at such other time the Board may determine appropriate.

Section 4.6 — Board Functions

The Board of Registrars shall be responsible for the overall management of the NIR, and in connection therewith, shall have the following approval and policy-making functions:

a. to approve policies and procedures of the Registry, including directing the development of new policies and procedures or the modifications thereof;

b. to approve the annual work program and budget of the Registry;

c. to oversee the implementation of each and all policies, budgets, work plans, and other major decisions; and

d. to appoint the Executive Director and Deputy Executive Director of the Registry.

Section 4.7 — Board Internal Governance

The Board of Registrars shall develop and adopt rules for its internal governance, provided that all decisions of the Board shall be those of a majority of the membership.

Section 5.1 — Management Team Composition

The Management Team of the NIR shall consist of an Executive Director; a Deputy Executive Director for Technical, Deputy Executive Director for Administration and Managers, as the Board of Registrars may determine.

Section 5.2 — Full-Time Service

The Executive Director, the Deputy Executive Directors and all other staff of the Registry shall serve the Registry on a full-time basis, and shall be paid as such.

Section 5.3 — Term of Executive Director

The Executive Director shall be appointed by the Board of Registrars and shall have a term of four (4) years; and shall be eligible for reappointment.

Section 5.4 — Duties of the Executive Director

The Executive Director shall be the chief executive and operating officer of the Registry whose duties and functions shall include but not be limited to:

a. Coordinating and supervising the implementation of all activities and programs of the NIR, including all decisions and policies made by the Board of Registrars;

b. Drafting or leading the preparation of the annual work plan and budget of the Registry, and ensuring the timely submission of the work plan and budget to the Board of Registrars for its approval;

c. Supervising the work of the Deputy Executive Directors and other managers and senior staff;

d. Working with the Government of Liberia and other donors to mobilize funding and material resources for the effective discharge of the functions of the Registry, and, in connection therewith, drafting project proposals and grant requests;

e. Organizing meetings of the Board of Registrars at the request of the Chairperson of the Board, and in connection therewith, drafting the agenda of the meetings, and supervising the recording, preparation and filing of the minutes of every meeting of the Board of Registrars;

f. Drafting the Terms of Reference (ToR) of personnel and needed consultants of the Registry, and submitting same to the Board of Registrars for approval;

g. Undertaking and performing such other activities and tasks as are necessary and/or required for the successful operations of the Registry; and

h. Reporting quarterly to the Office of the President and the Legislature.

Section 5.5 — Functions of Other Staff

The duties and functions of all other staff of the Registry shall be determined by the Board of Registrars.

Section 6.1 — Financing

The work of the Registry shall be financed by legislative appropriations made through the national budget, except that this provision shall not be interpreted to preclude the Registry from seeking or accepting assistance, donations and/or grants from other persons or institutions. All financial requests of the Registry shall first be duly approved by the Board of Registrars.

Section 6.2 — Financial Management

The Registry shall adopt a system of sound financial management policies in conformity with financial regulations of the Government of Liberia and generally accepted international accounting principles to ensure prudent and efficient management of funds.

Section 6.3 — Accounts and Audit

The Registry shall ensure that books and records of accounts for funds and resources received and expenditure incurred are properly and securely kept, and audited by the General Auditing Commission.

Section 6.4 — Annual Report

The Registry shall submit annual report of its operation along with audited financial statement covering the immediate past fiscal year in line with the Annual Calendar of Government.

Section 7.1 — Implementation of NBIS

Effective upon the passage of this Act, the Government of Liberia shall implement a National Social Security number scheme and a National Biometric Identification System (NBIS) as the means of identification throughout the Republic of Liberia.

Section 7.2 — Purpose of the NBIS

The NBIS shall be to ensure an effective, reliable and secured system of identification that is applicable to citizens.

Section 7.3 — Administration of NBIS

The NBIS shall be implemented by the National Identification Registry (NIR) and in accordance with the procedures established in this Act.

Section 7.4 — Mandatory Enrollment

Every citizen in Liberia shall be required to enroll in the NBIS where their identity will be recorded and confirmed by the Government of Liberia as citizens.

Section 8.1 — Eligibility and Required Data

A bona-fide resident of Liberia shall be entitled to obtain a biometric national identification card if he/she, in accordance with procedures to be established by the NIR, submits the following tombstone identification and related data: (1) Birth Certificate; (2) Fingerprint; (3) Photograph; (4) Proof of citizenship of parents; (5) Date of birth; (6) Place of birth; (7) Gender; (8) Colour of skin, hair and eyes; and any other information necessary to verify citizenship.

Section 8.2 — Types of Identification Cards

A person who has supplied proper verification of Liberian citizenry shall be issued a National Social Security Number and a Biometric Citizen Identification Card or if only a resident, they will be issued a Biometric Resident Identification Card, depending on the person's compliance with and status under the Aliens and Naturalization Act.

Section 8.3 — Procedures for Issuance

The procedures for the submission, evaluation and acceptance (or rejection) of the data required for issuance of biometric card shall be established by the NIR, and published through a comprehensible and widely accessible media program.

Section 8.4 — Right to Administrative Hearing

A person denied enrollment in the NBIS or otherwise adversely affected by a determination of the NIR shall be entitled to an administrative hearing in keeping with the Administrative Procedures Act, including its provision for judicial review of administrative decisions.

Section 8.5 — Legal Effect of Identification Cards

For purposes of public and private transactions, including banking, social benefits, and traffic regulations, a National Social Security Card and a National Biometric Card issued in keeping with this Act shall be conclusive of the identity of the person, but not of the person's entitlement or rights that are defined or regulated by other law, procedures or private agreements. A public or private service provider may, at its discretion, require additional identification to establish the status and eligibility of its customers or stakeholders.

Section 9.1 — Collection of Biometric Data

Biometric data to be submitted by individuals under this Act shall be collected directly and openly from the individual to whom it relates and it is mandatory for all citizens.

Section 9.2 — Secure Storage

All biometric information collected under the NBIS shall be securely stored with adequate technical and procedural safeguards maintained to ensure the integrity of both the biometric data and the conditions of access thereto.

Section 9.3 — Encryption

All biometric information collected under this Act shall be encrypted.

Section 10.1 — Individual Right of Access

Every person shall have a right of access to the biometric and other information obtained from him or her and stored under this Act. The right of access granted herein includes the right to review and correct any erroneous information.

Section 10.2 — Institutional Access

Access to biometric information by public and private institutions or any person other than the one to whom the information relates shall be in accordance with protocols and rules to be established by the NIR and published by the NIR; provided that agencies of the Government may at any time be granted access to specified biometric information upon the production of a warrant or court order that specifies the information to be accessed.

Section 10.3 — Access Control Procedures

The NIR shall develop adequate control procedures relative to restriction, documentation and monitoring of access to biometric information obtained and stored under this Act.

Section 11.1 — Effective Date

This Act shall take effect immediately upon publication in hand bills.

ANY LAW TO THE CONTRARY NOTWITHSTANDING.